Agenda packet — City Council and Concurrent Authorities, April 29, 2025 (part 2 of 5)

CONSTRUCTION CONTRACT
This contract is made and entered into on ____ _________, by and between CONSOLIDATED ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 701, VALLEY SPRINGS, CA 95252, 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 OAK PARK LITTLE LEAGUE PARKING LOT RESURFACING, PROJECT NO. WP24044, hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $133,250.00, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) EXHIBIT 2
298
10/18/23)

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Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as 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 noncontributory 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.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) EXHIBIT 2
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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.

CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 20 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($2,800.00) 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.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) EXHIBIT 2
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Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) 10/18/23)

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A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-actof-1964.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy Exhibit C. The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

EXHIBIT 2
301
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c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract.

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under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) EXHIBIT 2
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10/18/23)

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9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. 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.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) EXHIBIT 2
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EXHIBIT 2
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.

CITY:

By: __________ _
ATTEST:

KATHERINE ROLAND, CMG, CPMC

CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: __________ _

ASSISTANT CITY ATTORNEY

STEVE COLANGELO

INTERIM CITY MANAGER
ENGINEERING, INC.
e'J- OctJ oioJ I
Tax Identification No.

Local Construction Contract – CONSOLIDATED ENGINEERING, INC. – PROJECT NO. WP24044 (Updated) 1 ()118/23)

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OAK PARK LITTLE LEAGUE PARKING LOT RESURFACING
PROJECT NO. WP24044

BIDDING SCHE DUL E
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Item Description Unit Quantity Unit Price Total Price
1 Mobilization LS 1 C/./00 I C/,100
2 Traffic Control LS 1 /; sfO I
I 5)0
3 Temporary Erosion Control LS. 1 9f"O 'tf"V
4 Cold Plane (2-inch) SY 3960 5 l�Sf/D
5 Hot Mix Asphalt (Type A) TON 450' /t/7 IP«11ro '
6 Parking Lot Striping .. , LS ,1 2,700 2,700
7 Adjust Drain Inlet to Grade EA 1 &DO &vo
8 Concrete Driveway Removal and EA, 1 Replacement l�o.ro '/!, oro 9 Concrete Sidewalk 1-<.emova1 and S.F 100 Replacement o/J 'l<oo Vertical Curb and Gutter Removal 10 and Replacement LF 10 SJO -�soo 11 6" PCC/4" AB Sidewalk/ADA Ramp SF 140 1oz ··�h$0
12 Accessible Parking Signs EA 3 ]30 990
ALTERNATE BID l-. .a·•··· '
13 Tree and Stump Removal EA 2 ZlfOO s;ooo
BASE BID __ ,__L_t-,;.8/[..._'2 __ f_O _______ _
ALTERNATE BID __ s..._· _0_0_0 _________ _
TOTAL BASE+ ALTERNATE BID /331 2S0
'
BIDDER'S NAME ftm.1a1,d11.kJ e11p1ue�o""J .. t-11 G
(cu i, t .,;irl-M
EXHIBIT A EXHIBIT 2 Page 9 of 38
306

BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) Cash, or
Cashier's check, or
□
□
□ Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.

For any amount not less than ten percent (10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. List of Subcontractors

2. Non-Collusion Declaration

3. DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
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NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Signature

BIDDER SIGN
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EXHIBIT A EXHIBIT 2 Page 10 of 38
307

LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR:

PROJECT:

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PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.

Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE

BUSINESS

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EXHIBIT A EXHIBIT 2 Page 11 of 38
308
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Consolidated Engineering, Inc.

Contractor
Contractor business email
[ [email protected]
eCPR Public Search Login
Public Works Support
Contractors
Projects
Register
I
I
!
Contractor c ation eff date
[,--2-02-3--07--0-1-----------------�l i
'
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Contractor first name
Casey
Contractor mailing city
[ Valley Springs
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EXHIBIT A EXHIBIT 2 Page 12 of 38
309
Contractor mailing state
CA
Contractor mailing zip
[ 95252
Contractor physical city
( Valley Springs
Contractor physical state
CA
Contractor physical zip
[
---
9 _
52_
52 _________________ ]
Contractor certify date
( 2023-06-26
Contractor company type
( Corporation
Contractor craft legacy
[ Laborer; Operating Engineer
Contractor craft snow
Contractor c ation exp date
[ 2026-06-30
Contractor date deactivated
Contractor dba name
EXHIBIT A EXHIBIT 2 Page 13 of 38
310
Contractor entity number
[ 4144698
Contractor ID
( PW-LR-1000529783
Contractor last name
Curtin
Contractor mailing address2
Contractor physical address1
[ 5860 Amos Lane
Contractor physical address2
Contractor source
[ PWCR
Contractor wc cert date
[ 2022-07-24
Contractor wc exp date
[ 2023-07-24
Contractor wc policy number
( 7.60002E+12
Contractor wc selection
[ Insured by carrier
Contractor legal entity name
EXHIBIT A EXHIBIT 2 Page 14 of 38
311
Consolidated Engineering, Inc.

Contractor mailing address1
( P.O. Box 701
Contractor wc carrier
[ Consolidated Engineering, Inc.
(] Checked
Term� &,Conditions
Privacy Policy
Disclaimer
Nondiscrimination.Notice
Accessi,bilitv
dir.ca.gov
Copyright 2024 State of California
EXHIBIT A EXHIBIT 2 Page 15 of 38
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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. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

5. 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
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REV 2024-03-25
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 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.

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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 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.

EXHIBIT B EXHIBIT 2 Page 18 of 38
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REV 2024-03-25
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
EXHIBIT B EXHIBIT 2 Page 19 of 38
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REV 2024-03-25
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 B EXHIBIT 2 Page 20 of 38
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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 Page 21 of 38
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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 ONE HUNDRED THIRTYTHREE THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS ($133,250), 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:

OAK PARK LITTLE LEAGUE PARKING LOT RESURFACING
PROJECT NO. WP24044
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of

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the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, CONSOLIDATED ENGINEERING, 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 ONE HUNDRED THIRTY-THREE THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS ($133,250), 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:

OAK PARK LITTLE LEAGUE PARKING LOT RESURFACING
PROJECT NO. WP24044
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

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this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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City of Stockton
Legislation Text
File #: 25-0295, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE REPAIR OF STREET LIGHTS OUT

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

1. Transfer funds in the amount of $400,000 from the Light Up Stockton, Project No. WD25046 to the Repair of Street Lights Out, Project No. WD25047.

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

3. Approve Notice of Exemption No. NOE22-25 under the California Environmental Quality Act for the Repair of Street Lights Out, Project No. WD25047.

4. Award a Service Contract in the amount not to exceed $400,000 to St. Francis Electric, LLC of San Leandro, CA, for Repair of Street Lights Out, Project No. WD25047.

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

Summary
The City is responsible for operating and maintaining approximately 19,800 streetlights. Nonfunctional streetlights are a hazard that would adversely affect citizens’ public health, safety, and welfare. The Repair of Street Lights Out project will repair and replace 142 non-functional streetlights at 88 locations Citywide (Attachments A and B).

On February 14, 2025, the City advertised a Request for Proposals (RFP) for Repair of Street Lights Out, Project No. WD25047. On March 5, 2025, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found St. Francis Electric, LLC, of San Leandro, CA, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Service Contract, in the amount not to exceed $400,000, with St. Francis Electric, LLC. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE22-25 under the California Environmental Quality Act (CEQA), and authorize the transfer of necessary funds for the project.

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File #: 25-0295, Version: 1

DISCUSSION
Background
The City is responsible for the operation and maintenance of approximately 19,800 streetlights. Nonfunctional streetlights are a hazard that could adversely affect citizens' public health, safety, and welfare. There is a critical need to make these streetlights operational.

On February 4, 2025, by Resolution 2025-02-04-1213, Council allocated $2 million in discretionary funding for the Light Up Stockton project. The funding provides for the replacement and repair of 367 non-functioning streetlights. Additionally, the project will convert 133 decorative metal halide streetlights in the downtown area to light-emitting diode luminaires.

The Repair of Street Lights Out project will repair and replace 142 non-functional streetlights at 88 locations Citywide (Attachment A and B). The project includes troubleshooting and restoring the streetlight’s functionality. The remaining 225 non-functional streetlights are scheduled to be repaired with the Repair of Vandalized Street Lights, Project No. WD25048.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA).  The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date.  On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024.  On August 20, 2024, by motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost is less than $1 million.

Present Situation
On February 14, 2025, the City advertised an RFP for the Repair of Street Lights Out, Project No.

WD25047. On March 5, 2025, two proposals were received from the following:
· St. Francis Electric, LLC (San Leandro, CA)
· Bear Electrical Solutions, LLC (Alviso, CA)
A Selection Committee consisting of Public Works’ staff evaluated and ranked all proposals based on each firm’s understanding of work, experience, scope of services, equipment, and cost. St. Francis Electric, LLC received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project.

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.

NOE20-24 under CEQA.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Service Contract in the amount not to exceed $400,000, to St. Francis Electric, LLC, of San Leandro, CA, for City of Stockton Page 2 of 3 Printed on 4/24/2025
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File #: 25-0295, Version: 1
the Repair of Street Lights Out. Payment will be based on actual work performed at the negotiated unit price, with field verification by City staff. Initial contracted services will expire on June 30, 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 available to complete streetlight repair in a timely manner.

2. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service which is in the public interest.

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

FINANCIAL SUMMARY
With the transfer of funds in the amount of $400,000 from the Light Up Stockton, Project No.

WD25046, to the Repair of Street Lights Out, Project No. WD25047, there will be sufficient funding to award a Service Contract to St. Francis Electric, LLC, in the amount of $400,000.

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 - Vicinity Map
Attachment B - Location List
City of Stockton Page 3 of 3 Printed on 4/24/2025
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MORADA LN

BEN HOLT DR

MARCH LN DAVIS RD

HAMMER LN

WILSON WY

HARDING WY

FREMONT ST

DR MLK JR BL

AIRPORT WY

EIGHT MILE RD
L
O
W
E
R

SACTO RD

WEST LN

THORNTON RD

PACIFIC AV
EL
D
O
RADO
S
T

PERSHING AV

WATERLOO RD

ALPINE AV

MAIN ST

EL DORADO ST

MARIPOSA RD

EIGHT MILE RD

CHEROKEE RD

ALPINE RD

ARCH RD

CHARTER WY
µ
0 0.4 0.8 1.6 2.4 3.2
Miles
LEGEND
Project Locations
REPAIR OF STREET LIGHTS OUT, PROJECT NO. WD25047

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
339
No. Address Council District No. Address Council District 1 817 S CENTER ST 5 45 9970 RIHN WY 1
2 CORONADO AV 4 46 1707 ORVIS DR 1
3 3843 GOLD RIVER LN 6 47 NEW BRIGHTON LN & LANDS END DR 1 4 2218 E FREMONT ST 5 48 10928 LANDS END DR 1
5 PERFORMANCE DR 6 49 9321 LANSDOWNE DR 1
6 6844 ALEXANDRIA PL 3 50 9886 PALAZZO DR 2
7 2423 ARCH AIRPORT RD 6 51 RIVERMONT DR 1
8 OAK ST E 5 52 9637 CODY WY 1
9 W MARCH LN & TYROL LN 4 53 1057 GREEN RIDGE DR 1
10 1232 E LAFAYETTE ST 5 54 6720 HOLMAN RD 2
11 25 S COMMERCE ST 5 55 4205 MCGAW ST 4
12 STELLA CT 1 56 506 DAVE BRUBECK WY 4
13 GRANT ST S 5 57 4210 LORENZO LN 4
14 E SWAIN RD & TAM O SHANTER DR 2 58 2962 BROOKSIDE RD 4 15 WEST LN & KLINGER RD 4 59 1020 E MARCH LN 2
16 2122 FONTANA AV 4 60 8607 CHERBOURG WY 1
17 2701 E HAMMER LN 2 61 9710 ANGELINA CT 2
18 2266 E MARKET ST 5 62 ROSE MARIE LN & PRECISSI LN 4
19 982 OXFORD WY 4 63 721 W BIANCHI RD 4
20 E Myrtle St 5 64 930 W ELM ST 4
21 10113 WAYFARING DR 1 65 2546 EAGLE ROCK CI 1
22 WINSLOW WY & VILLAGE GREEN DR 2 66 666 DOVEWOOD ST 1 23 209 E PARK ST 5 67 821 N EL DORADO ST 5
24 5758 CARIBBEAN CI 2 68 CLARENDON AV & ELMWOOD AV 4
25 1540 N SAN JOAQUIN ST 4 69 1803 SAN JOAQUIN ST N 4
26 1221 W FREMONT ST 4 70 10622 HIDDEN GROVE CI 1
27 536 W WORTH ST 5 71 NOVARA WY & VARALLO CT 2
28 1030 BRISTOL AV 4 72 2281 OXFORD CI 4
29 1000 OXFORD WY 4 73 1936 COTTAGE CT 4
30 WAKEMAN DR & HOLMAN RD 2 74 1827 FUNSTON AV 5
31 1725 S SUTTER ST 6 75 1835 CARMEL AV 4
32 9125 BARBARESCO CI 2 76 147 W ADAMS ST 4
33 CHANNEL ST & N WILSON WY 5 77 10324 JOPLIN LN 1
34 WAKEMAN DR 2 78 4144 ANGELINA LN 1
35 8905 DAVIS RD 1 79 2546 EAGLE ROCK CI 1
36 3980 INSPIRATION DR 2 80 10413 BIG OAK CI 1
37 2710 BREAKER WY 1 81 3024 OTTO DR 1
38 2218 SWAINSONS HAWK ST 1 82 764 E SWAIN RD 2
39 DUNBARTON WY & MCKELVEY AV 3 83 394 East Lafayette Street 5 40 9924 PUTNAM WY 1 84 4239 HAWK CT 1
41 9917 PUTNAM WY 1 85 2530 BURLINGTON PL 3
42 2051 OLIVIA WY 1 86 3519 LARCHMONT DR 1
43 2028 OLIVIA WY 1 87 7711 Camellia Ln 3
44 1833 ORVIS DR 1 88 ELMWOOD AV & GARDENA AV 4
Repair of Street Lights Out, Project No. WD25047

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ATTACHMENT B
340
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TRANSFERRING FUND, APPROVING THE NOTICE OF EXEMPTION NO. NOE 22-25, AND AWARDING A SERVICE CONTRACT FOR REPAIR OF STREET LIGHTS OUT, PROJECT NO. WD25047
On February 14, 2025, the City advertised a Request for Proposals (RFP) for Repair of Street Lights Out, Project No. WD25047. Two proposals were received; and The City is responsible for the operation and maintenance of approximately 19,800 streetlights. The project will repair and replace 142 non-functional streetlights at 88 locations Citywide; and
After review of the proposals, it was determined St. Francis Electric, In. has the necessary knowledge, experience and staff to perform the required work. Staff negotiated a fee in the amount of $400,000 with St. Francis Electric, LLC for the Repair of Street Lights Out, Project No. WD25047; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; and
Transfer of funds in needed to fund all remaining costs to complete the Light Up Stockton project, and any additional fees, 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 transfer of funds in the amount of $400,000 from the Light Up Stockton, Project No. WD25046, to the Repair of Street Lights Out, Project No. WD25047.

2. The City Council approves the filing of Notice of Exemption No. NOE 22-25 under the California Environmental Quality Act for the Repair of Street Lights Out, Project No. WD25047, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council awards a one-year Service Contract between the City of Stockton and St. Francis Electric, LLC in the amount not to exceed $400,000, 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.

4. 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:
341
a. The City does not have sufficient staff available to complete streetlight repairs in a timely manner.
b. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely 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.

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 29, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 E Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Repair of Street Lights Out, Project No. WD25047 CEQA Exemption File No.: NOE 22-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton’s Public Works Department will be repairing and replacing 142 non-functional streetlights at 88 locations citywide. Please see attachments for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CHAD REED, DIRECTOR April 10, 2025

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL)
_____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
343
REPAIR OF STREET LIGHTS OUT, PROJECT NO. WD25047
(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 ST. FRANCIS ELECTRIC, LLC, a STATE OF CALIFORNIA CORPORATION, with a business address at 975 CARDEN STREET, SAN LEANDOR, CA 94577, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the REPAIR OF STREET LIGHTS OUT, PROJECT NO. WD25047, 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. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. 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. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $400,000 or as otherwise mutually agreed to in a Contract Amendment.

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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. a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment 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, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

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 C (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 C. 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 C, 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 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.

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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 noncontributory 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.

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 minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

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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 June 30, 2026, 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 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
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section EXHIBIT 2

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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 insure 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.

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 Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, EXHIBIT 2

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and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

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 EXHIBIT 2

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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, 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.

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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: St. Francis Electric, LLC To City: Public Works Director 975 Carden Street City of Stockton
San Leandro, CA 94577 22 E. Weber Ave., Rm. 301
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 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 EXHIBIT 2

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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 occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. 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.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

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1.0 INTRODUCTION
The City of Stockton (City) is soliciting proposals from qualified contractors to provide repair services for streetlights throughout the City. Services include all labor, materials, tools, equipment, incidentals, and other construction services required for repairing the functionality of the streetlight.

2.0 BACKGROUND
The City of Stockton currently owns and maintains approximately 19,800 street ligh1s within the City limit. These street lights are predominantly cobra head lighting standards (single or double arm), which are similar to Caltrans standards, spaced approximately 250 feet apart, and some are mounted atop utility poles. A number of decorative street lights, such as Acorn post-top, open post top, and etc.

3.0 SCOPE OF WORK
The work provided herein consists, in general, of repair of City's streetlights, and other public lighting. The Contractor will provide these services for various equipment and systems, including (but not limited to) city-owned street lights, park lighting, and parking lot lighting. The contractor will furnish all necessary materials, equipment, labor, and incidentals, as required, to perform such maintenance and as specified in this Request for Proposals (RFP).

Refer to ATTACHMENT A for the Work Order List.

Scope of Work Anticipated:

1. The Contractor(s) shall furnish all labor, materials, parts, and equipment necessary to provide street light repair at various locations within the City limits. Services should be provided as requested by the City of Stockton Public Works Department.

2. Contractor shall provide all labor, equipment, materials and disposal necessary to complete the work for the price quoted.

3. Contractor shall su bmit traffic control plans in accordance to MUTCD 2023 to the Engineer for review and approval. Contractor is responsible for setting up all traffic control measures (signs, cones, and flashing arrow boards);

4. Contractor shall comply with State Water Board requirements and apply Best Management Practices. Contractor shall leave work areas free of all dirt, litter, lubricants, or other materials following completion of work to the satisfaction of the Engineer.

5. Streetlightrepairs shall typicallyoccurduring normal business hours. The City allows only one lane closure during the day in each direction. On 2-lane roadways, Contractor shall provide two flaggers and comply will all of the City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
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MUTCD 2023, revision 4 requirements for a 2-lane closure with flaggers.

Lane closure hours are 9:00 a.m. - 3:00 p.m. Monday through Friday with alternating closed Fridays. All legal holidays and alternate closed Fridays are observed as nonbusiness hours.

Should the Contractor choose to work on a Saturday, Sunday,City Holidays or on a holiday recognized bythe labor unions, the Contractor shall reimburse the City of Stockton the actual cost of engineering, inspection, testing, superintendent, 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.

Contractor shall provide services within one (1) weeks after being notified of the streetlight repair.

6. The Contractor shall complete work on all areas with the locations provided by the City and within the allowed budget.

7. Contractor shall diligently prosecute work to minimize the time the traffic signal is running on a timer, and to minimize the potential for public exposure to the work still in progress. Contractor shall start work so it is completed that same day. Contractor shall maintain the site safe at all times and be responsible for removal and proper disposal of all waste materials and surplus items prior to leaving the site each day. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access to work areas by the public.As applicable, the contractor shall provide all necessary traffic control du ring work in accordance with Latest MUTCD, revision 6 and its latest amendments. Contractor shall submit traffic control plans to the Engineer for review and approval prior to start of work. Traffic Control plans designed by the Contractor shall be stamped by a registered Traffic or Civil Engineer. Cost of traffic control services shall be included in the concrete saw-cutting/shaving unit cost.

8. The Contractor shall only bill for work completed in place.

9. Notwithstanding any provision to the contrary herein, City shall have no obligation to give more than two notices of unsatisfactory performance in any calendar year. In the event two such notices of unsatisfactory performance are given in anycalendaryear; the City may thereupon terminate th is contract immediately.

10. Work will be performed in an orderly manner with minimum disturbance and inconvenience to the public. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

11. Contractor shall obtain an Encroachment Permit from the City of Stockton and pay all necessary required fees. The Encroachment Permits are renewed and paid yearly for the duration of the contract. Prior to obtaining the encroachmentpermit, the proposed traffic control plans must be approved by the Engineer.

Encroachment permits can be obtained at:

City of Stockton
City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
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Community Development Department
345 N. El Dorado Street
Stockton, CA. 95205
Office: 209-937-8349

4.0 PROPOSAL SELECTION PROCESS AND CRITERIA
The various significant factors that will be considered in the evaluation of proposals are summarized below. The City's final selection will not be dictated on any single factor, including price. The relative importance of these factors involves judgment on the part of the City's selection committee and will include both objective and subjective analysis. A contractor may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements. Proposals will be evaluated using the following criteria:

Scope of Service/Deliverables
Cost
Equipment
License and Experience
Local Preference
Total Points
Refer to ATTACHMENT B for Evaluation Scoring Sheet.

Proposal Submissions:
20 Points
35 Points
10 Points
30 Points
5 Points
100 Points
Proposals shall be submitted no later than 3:00 P.M. on March 51 20251 to:

PUBLIC WORKS
CllY OF STOCKTON
ATTN: KATRINA TAVARES
1465 S Lincoln St.

Stockton, CA. 95206
Scope of Service/Deliverables: Responsive proposals will demonstrate an understanding of the streetlight repair process and deliverables. They will also demonstrate their ability to handle seasonal peak workload.

Cost: Responsive proposals will include the unit cost shown in this proposal (include the compensation schedule (Attachment E) with your proposal in a separate sealed envelope).

Equipment: Responsive proposals will include a list of equipment to be used in this contract.

License and Experience: Responsive proposals will include staff qualifications and relevant experience with streetlight repair jobs in the Northern California region within City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
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the I ast 12- months. Contractor sh al I su bmitth ree references from outside Local Agencies that have done similar type of work. All contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) in accordance with Senate Bill 854. The registration form is located on the DIR's website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Vendor shall possess a valid California contractor's license for the following classification (s): Class A and C-10. The selected vendor shall possess a valid City of Stockton Business License.

Local Preference: Local preference in accordance with Stockton Municipal Code Section

3.68.090. Local merchants who have a physical business location within the boundaries of the City of Stockton shall be granted 5% bid preference. Local merchants who have a physical business address within the boundaries of San Joaquin County shall be granted a 2% bid preference.

Contractor Identification: Provide the name of the firm, the firm's principal place of business, the name and telephone number of the contact person.

Client References: Provide a minimum of three (3) client references. References should be California cities or other large public entities. Provide the designated person's name, title, organization, address, telephone number, and the projects(s) that were completed under that client's direction (ATTACHMENT D}.

Responsiveness of Proposals: All proposals must be in writing and fully responsive to this RFP. Non-responsive proposals or proposals found to be irregular or not in conformance with the requirements and instructions contained herein will not be considered or evaluated. Other conditions which may lead to the selection committee's decision not to evaluate a proposal include obvious lack of experience, expertise or adequate resources to perform the required work, and/or failure to perform or meet financial obligations on previous contracts. The City reserves the right to reject any and all proposals for any reason whatsoever.

Selection Schedule:

The Contractor Selection process will follow the tentative timeline shown below:

EVENT
Advertise RFP
Written Questions submitted by
Response to Written Questions
Proposals Due
Interviews Start
Negotiations/Final Scope
City Council Approval
DATE
February 14, 2025
February 25, 2025, at 3:00 pm
February 27, 2025, at 3:00 pm
March 5, 2025, at 3:00 pm
TBD
March 2025
May 2025
Proposal Questions and Requests for Clarification:

Any questions or requests for clarification shall be submitted in writing to:

City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
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Thin h .Ph [email protected]
Requests for clarification shall be submitted by February 25, 2025, at 3:00 P.M. It is the proposer's responsibility to check the website for any addendums or responses to questions. The website address is as follows:
h ttps://www.stocktonca.gov/bu sin ess/contracts pu rch asi n g/bidflash /in dex.ph p Waivers: The City may waive informalities or irregularities in proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other proposals.

Final Selection: Following the selection committee review and screening of all proposals, the selection committee will choose a contractor with the highest ranking. The City requests contractors make themselves available if asked to participate in an interview.

Fee Negotiation: Following the proposals ranking process, the selection committee will commence fee negotiations with the top ranked contractor. The goal of negotiation is to agree on a final contract that delivers to the City the services and products required at a fair and reasonable cost. If the City fails to reach an agreement with the top-ranked contractor, a new negotiation will commence with the next highest-ranked contractor.

If the new negotiation fails, the process is repeated until a contract is negotiated successfully. Upon successful negotiation of a contract, staff will make a recommendation of award to the highest-ranked qualified Contractor.

Insurance Requirements:The proposer must obtain and maintain the required insurance.

Proposer shou Id review Attachment C, Instructions to Proposer for information regarding insurance, indemnification, prevailing wages, etc. Failure to comply with the Instructions to Propers may be grounds for rejection.

Department of Industrial Relations: Please refer to Attachment C, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.

5.0 CONCLUSION
The City reserves the right to accept or reject any or all proposals, to alter the selection process, to postpone the selection process for its own convenience at any time, and to waive any defects in any of the proposals. The City also reserves the right to accept or reject any individual sub-contractor that a bidder proposes to use.

This RFP shall in no way be deemed to create a binding contract or agreement of any kind between the City and the bidder. By submitting a response to this RFP, the successful bidder agrees to execute an agreement with the City. The City reserves the right to negotiate any and all terms of the agreement, including the Term, Scope of Service and Compensation.

Each bidder submitting a proposal acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
EXHIBIT A EXHIBIT 2

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expenses are the bidder's sole expense andthe City shall not, under any circumstances, be responsible for any cost or expense incurred by the bidder. In addition, each bidder acknowledges and agrees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

Each bidder should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish that the information, which a bidder submits, is a trade secret. If a request is made for information marked "confidential", the City will provide the bidder who submitted such information with reasonable notice to allow the bidder to seek protection from disclosure by a court of competent jurisdiction.

Selection of a proposal and the award of any final contract will be based on an evaluation of which company or firm will best assist the City to reach its goal of receiving the highest quality service at the lowest reasonable cost. The City reserves the right to reject any or all proposals, to accept or reject any one or more items of a proposal, or to waive any minor irregularities or informalities in any proposal.

ATTACHMENTS

ATTACHMENT A-WORK ORDER LOCATION LIST

ATTACHMENT B -EVALUATION SCORING SHEET

ATTACHMENT C -INSTRUCTIONS TO PROPOSER

ATTACHMENT D -BIDDER'S REFERENCE PAGE

ATTACHMENT E-COMPENSATION SCHEDULE
City of Stockton Public Works Department
RFP I Repair of Street Lights Out
Project No. WD24057
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COMPENSATION SCHEDULE
One Year Proposal Page - Total compensation for services and reimbursement for costs shall not exceed $400,000 for the duration of the 1-year contract.

The proposal prices are to include and cover the furnishing of all labor, materials, equipment, fees, taxes, incidentals, status reporting, and overhead necessary to perform the work described in the Request for Proposals. The proposer affirms that in the event they are selected as the successful proposer the Contractor assures that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below.

The contractor shall fill in the following Bid Schedule and Submit it in a separate sealed envelope with the proposal.

Troubleshooting Work Orders: The contractor will receive the work order provided by the engineer and troubleshoot the issue to restore the street light functionality.

Repair Street Lighting Outages:$ 75.00 for each light. Th_e contractor commits to service within one (1) week for each reported outage. Lamp, PEC or fuse Mark-UP on Materials for Work: Contractor will charge City the actual invoice of materials used for the additional work plus a fee of 1'2 percent(%).

Calendar Year 2025: April 01, 2025, to December 31, 2025 Work Hourly Rates
Equipment/Personnel Hourly Rate
($/HR)
1 Streetliqht Electrician $110.00
2 Streetlight Electrician
Foreman $145.00
3 Gen era I Laborer $91.00
4 Service Truck $35.00
5 Bucket Truck $40.00
6 Crane Truck $65.00
7 Air Compressor $10.00
The City of Stockton reserves the right to reject any or all bid proposals. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal which will cause its rejection.

The undersigned for the bidder represents and warrants that he/she has full and complete authority to submit this bid to the City of Stockton and to enter into a contract if this bid is accepted.

City of Stockton Public Works Department
RFP I Repair of Street Light Out
Project No. WD25047
EXHIBIT B EXHIBIT 2

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St. Francis Electric, LLC
Company Name
975 Carden Street, San Leandro CA 94577
Street Address or P .0. Box
City of Stockton Public Works Department
RFP I Repair of Street Light Out
By(-K,
Guy Smith, President
(Printed Name)
Project No. WD25047
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REV 2024-03-25
Exhibit C:

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

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.

4. Surety Bonds as described below.

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REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

EXHIBIT C EXHIBIT 2

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REV 2024-03-25

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

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

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT C EXHIBIT 2

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REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT C EXHIBIT 2

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REV 2024-03-25
issue such bonds in the State of California and secured through an authorized agent with an office in California.

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 C EXHIBIT 2

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Subject:

CITY OF STOCKTON, CALIFORNIA

D. All City employees and non-employees share a responsibility to assist in EXHIBIT D EXHIBIT 2

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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.

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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 D EXHIBIT 2

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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 D EXHIBIT 2

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Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

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.

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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 D EXHIBIT 2

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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 D EXHIBIT 2

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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.

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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 D EXHIBIT 2

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Subject:

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 D EXHIBIT 2

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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 D EXHIBIT 2

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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 D EXHIBIT 2

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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 D EXHIBIT 2

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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 D EXHIBIT 2

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City of Stockton
Legislation Text
File #: 25-0317, Version: 1

APPROVE MOTION TO AUTHORIZE THE AIRPORT WAY SEWER TRUNK REHABILITATION

PROJECT

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

1. Award a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, in the amount of $408,954, for design of the Airport Way Sewer Trunk Rehabilitation, Project No. UW21017.

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

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

Summary
The Municipal Utilities Department (MUD) has implemented a Condition Assessment Program for the City’s sewer infrastructure. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). A large diameter pipe segment along Airport Way was identified for rehabilitation. The project will rehabilitate approximately 5,800 linear feet of 30-inch sewer trunk line along Airport Way between the San Joaquin County Fairgrounds (Ralph Avenue) and East Sixth Street (Attachment A). The project was included in the 2020-25 Five-Year CIP.

On November 7, 2024, the City advertised a Request for Proposals (RFP) for design of the Airport Way Sewer Trunk Rehabilitation project.

On December 11, 2024, three firms submitted proposals for this project. One proposal was rejected for not meeting the proposal requirements. The Selection Committee evaluated the two remaining proposals and found Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, to be the more qualified and higher ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $408,954 to Kjeldsen, Sinnock & Neudeck, Inc.

It is anticipated that the design will be completed by February 2026.

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DISCUSSION
Background
The MUD has implemented a Condition Assessment Program for the City’s sewer infrastructure comprised of Closed-Circuit Televised Video inspection, pipe cleaning, and engineering evaluation.

This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. The program identified a 30-inch sewer trunk line approximately 5,800 linear feet long along Airport Way between the San Joaquin County Fairgrounds (Ralph Avenue) and East Sixth Street for rehabilitation (Attachment A). The project was included in the 2020-25 Five-Year CIP.

Present Situation
On November 7, 2024, the City advertised an RFP for design services of the Airport Way Sewer Trunk Rehabilitation, Project No. UW21017. On December 11, 2024, three proposals were received from the following engineering firms:
· Kjeldsen, Sinnock & Neudeck, Inc. (Stockton, CA)
· West Yost Associates (Davis, CA)
· Alisto, Inc. (Walnut Creek, CA)
The proposal from Alisto, Inc. was rejected for not meeting the proposal submittal requirements as defined in the RFP. A Selection Committee comprised of Public Works and MUD staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of the proposed team, project approach, cost, and local preference.

Kjeldsen, Sinnock & Neudeck, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $408,954 with Kjeldsen, Sinnock & Neudeck, Inc. for design services. This fee is approximately 10 percent of the estimated construction cost, which is reasonable for a project of this size and complexity.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $408,954 to Kjeldsen, Sinnock & Neudeck, Inc. for design services of the Airport Way Sewer Trunk Rehabilitation project (Attachment B). It is anticipated that the design will be completed by February 2026. The project will then be advertised for construction bids, with overall project completion anticipated by November 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 enough staffing available to design this project for bidding and construction in 2026.

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2. The scope of the design services requires an engineering firm experienced in sanitary sewer design and rehabilitation technologies.

3. 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.

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

FINANCIAL SUMMARY
There are sufficient funds available in the Airport Way Sewer Trunk Rehabillitation, Project No.

UW21017, to award a Professional Services Contract in the amount of $408,954 to Kjeldsen, Sinnock & Neudeck, Inc. for the project.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Kjeldsen, Sinnock & Neudeck, Inc.

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AIRPORT WAY
E 6th St
Ralph Ave

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

AIRPORT WAY SEWER TRUNK REHABILITATION,
PROJECT NO. UW21017

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE

PROJECT LIMITS
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Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC – PROJECT NO. UW21017 (Updated 03/05/2024)

PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and KJELDSEN, SINNOCK & NEUDECK, INC. whose address is 711 N PERSHING AVENUE, STOCKTON, CA 95203 (“Consultant”) for the AIRPORT WAY SEWER TRUNK REHABILITATION (PROJECT NO. UW21017), hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified 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 $408,954.00 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 D and shall otherwise comply with the other provisions of Exhibit D.

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 its ATTACHMENT B Page 1 of 33
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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 C, 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, 2027, 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 include the 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).
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964 The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

B. DISCRIMINATION AND HARASSMENT POLICY
ATTACHMENT B Page 2 of 33
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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 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Consultant 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 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 or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, ATTACHMENT B Page 3 of 33
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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 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. 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 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 ATTACHMENT B Page 4 of 33
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Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC – PROJECT NO. UW21017 (Updated 03/05/2024)

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 at any time by mailing a notice in writing to Consultant. 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 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.

ATTACHMENT B Page 5 of 33
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Professional Services Contract – KJELDSEN, SINNOCK & NEUDECK, INC – PROJECT NO. UW21017 (Updated 03/05/2024)

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: Kjeldsen, Sinnock & Neudeck, Inc. To City: Public Works Director 711 North Pershing Avenue City of Stockton
Stockton, CA 95203 22 E. Weber Ave., Rm. 301
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 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.

ATTACHMENT B Page 6 of 33
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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 Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

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 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. 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 ATTACHMENT B Page 7 of 33
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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.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. 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 KJELDSEN, SINNOCK & NEUDECK, INC.

By: By:

STEVE COLANGELO Signature

INTERIM CITY MANAGER

ATTEST:

Print Name
BY:

KATHERINE ROLAND, CMC, CPMC Title:

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY
ATTACHMENT B Page 8 of 33
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1 Page
Updated Scope & Fee for

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
AIRPORT WAY SEWER TRUNK REHABILITATION – PROJECT NO. UW21017 February 21, 2025

WORK PLAN
TASK NO. 1 - BACKGROUND RESEARCH

1.1 – Research
KSN will research and review existing topographic
mapping, photos/images, right-of-way maps, record
drawings, recorded maps, surveys, assessor maps,
and local street improvement plans along the project
corridor. KSN will use the previous information available to us through our work on the Airport Way Beautification Project to streamline this task.

1.2 – Site Reconnaissance
The KSN team will visit the site to perform a field
reconnaissance of the project limits. The KSN team
will use the information collected during this time to
develop preliminary recommendations for alternative
pipeline rehabilitation methods. The KSN team will
develop a set of preliminary design plans based on these recommendations, described in additional detail in Task No. 2.2.1.

Task Deliverables:
• Site photographs

1.3 – Surveying and Mapping
KSN will perform field surveys to develop the base
mapping for the project. The scope of services KSN
proposes to provide is more specifically described as
follows.

1.3.1 – Control Network
Horizontal and vertical survey control for the project will be based on available published control monuments
utilizing either GPS or conventional survey methods.

Horizontal control will be provided based on the
California Coordinate System of 1983, Zone 3, U.S. Foot units (CA83IIIF), consistent with the City of Stockton’s horizontal survey control network. Vertical control will be referenced to the North American Vertical Datum of
1988 (NAVD 88) based on available published National
Geodetic Survey (NGS) and/or City of Stockton
benchmarks.

1.3.2 – Aerial Survey
KSN will set aerial control panels at locations and
frequency adequate to meet national mapping accuracy
standards of 1” = 20’ scale mapping, with 1’ contour
intervals. Mapping limits include an approximate 200’
wide strip centered along Airport Way. The mapping will include a background color orthophoto.

1.3.3 – Field Surveys
Limited field surveys will be performed to gather critical site data as needed to supplement the aerial survey.

Surface evidence of the existing utilities will be surveyed and include invert elevations of below grade utilities, where accessible. The information obtained by the
field surveys will be incorporated into the project base mapping.

1.3.4 - Topographic Mapping
Base mapping will be prepared at a scale of 1” = 20’ with spot elevations and/or 1’ contour intervals. KSN will
prepare the base mapping at the stated mapping scale
and contour interval showing visible surface features,
contours and spot elevations within the mapping limits.

Task Deliverables:
• Digital file of the topographic base mapping in an
AutoCAD compatible format.

1.4 – CCTV Review
KSN will review past and current CCTV inspection videos and inspection reports provided by the City for the
South Airport Way sanitary sewer trunkline to confirm
deficiencies, locate manholes, determine the locations
of any collection system laterals and service laterals, and assess the suitability of trenchless rehabilitation approaches. In particular, the review will seek to
identify defects that could affect the selection of repair/ rehabilitation alternatives. To properly perform this task, it will be necessary for the City to clean and CCTV the sewer segments for rehabilitation given no recent existing footage (previous 5 years) is available.

TASK NO. 3 – UTILITY COORDINATION

3.1 – Utility Research and Coordination
KSN will perform utility research, mapping, and
coordination within the project limits along the project alignment based on the following:

3.1.1 – Identify Utility Providers
KSN will prepare a list of potentially impacted utilities using: 1) the City of Stockton and San Joaquin County
standard utility contact list; 2) the list of utility subscribers to the local Underground Service Alert (USA) service; 3) the list of local utility providers that KSN has assembled over the years, and in particular from past work on Airport Way in this corridor; and 4) the utility contact information posted on existing facilities in the vicinity of the project.

Additionally, KSN will leverage the extensive utility
research and mapping data collected during the Airport
Updated Scope & Fee

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
Airport Way Sewer Trunk Rehabilitation
Project No. UW21017
February 21, 2025

ATTACHMENT B

EXHIBIT A

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Updated Scope & Fee for

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
AIRPORT WAY SEWER TRUNK REHABILITATION – PROJECT NO. UW21017 February 21, 2025
Way Beautification project, which overlaps with the
current project limits. This prior information will streamline the research process, reducing duplication of effort and enabling a more efficient start to the utility coordination task. KSN will also conduct a recent research effort to validate and update the existing data, ensuring that all utility information reflects current conditions and project needs.

3.1.2 – Utility Request Letter (A Letter)
Upon receipt of the Notice to Proceed, KSN will send
out the Utility Request Letter to the utility companies.

The Utility Request Letters will provide a description of the proposed project scope and limits and will formally request as-built documents and verification of the nature and location of existing utility facilities within the project limits. The documentation received from the utility
companies will be field reviewed and verified. If necessary, follow-up communications with the utility companies will be made to clarify the size, type and extent of the existing facilities. KSN will compile the existing utility information onto an electronic “existing utilities” drawing file tied to the project horizontal control and referenced to the project base mapping.

3.1.3 – Conflict Letter (B Letter)
Subsequent to the submittal of the 65% complete
project documents, KSN will send out the Conflict
Letter to the utility companies. The Conflict Letter will be accompanied with a copy of the 65% project plans
that will depict the locations of conflict with the new improvements. The letter will formally request the utility company to field verify the conflict and provide a schedule for the relocation of the facility in conflict. If necessary, follow-up communications with the utility companies,
including field meetings and/or field surveys to locate “pothole” information provided by the utility company,
will be made to clarify the conflict and/or the relocation alignment of the existing facility. KSN will incorporate the utility relocation information onto the electronic “existing utilities” drawing file described above.

3.1.4 – Final Project Plans Letter (C Letter)
Subsequent to the submittal of the completed project
documents (bid set), KSN will send a set of the final
project plans to each affected utility company. The letter accompanying the plans will inform the utility company
of the project bid date, the approximate date construction will begin, and the approximate date construction will be completed.

KSN will maintain a utility contact summary sheet that
will include pertinent information for each utility such as the contact person, address and telephone numbers,
description of the utility’s facilities, dates that the Utility Letters described above are sent, a summary of each
utility’s response to the Utility Letters, etc.

Task Deliverables:
• Digital file of the existing utility mapping in an
AutoCAD compatible format.
• Digital file copy of “A” Letter sent to each utility
company in PDF compatible format.
• Digital file copy of “B” Letter sent to each utility
company in PDF compatible format.
• Digital file copy of “C” Letter sent to each utility
company in PDF compatible format.
• Digital file of the utility contact summary in Excel
compatible format.

TASK NO. 4 – PLANS, SPECIFICATIONS &

ESTIMATES (CONSTRUCTION DOCUMENTS)

4.1 – Engineering Design
The KSN Team will prepare a Preliminary Design
Technical Memorandum, improvement plans, traffic
control plans, bypass plans, specifications (in City of Stockton format), and an engineer’s opinion of probable construction cost (estimate). The plans, specifications, and estimate (PS&E) packages will be prepared in
accordance with the City’s standards and current
California Manual on Uniform Traffic Control Devices (CA MUTCD), as appropriate.

4.1.1 – Preliminary Design Report
KSN will evaluate the capacity, integrity and useful life of the pipeline, and recommend the most appropriate
rehabilitation alternatives to extend the useful life of each pipe segment based on potential results and cost
effectiveness. Rehabilitation measures recommended
will include examples of where the proposed technology
was utilized. A preferred, final recommendation will be identified. Costs for the recommended rehabilitation
measures will be developed. A decision matrix of the final recommended improvements will be developed, which
will consider criteria including impacts to residential neighbors and businesses and sewage flow bypass.

The Preliminary Design Report will consist of a 3-to5-page Technical Memorandum in letter format and will include a recommendation for the appropriate
rehabilitation method(s) for the project, and will present criteria for the final design of improvements. KSN will attend a meeting with City staff to discuss the report.

Task Deliverables:
• Digital copy of the Draft Preliminary Design Report in PDF format.
• Digital copy of the Final Preliminary Design Report in PDF format.

ATTACHMENT B

EXHIBIT A

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3 Page
Updated Scope & Fee for

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
AIRPORT WAY SEWER TRUNK REHABILITATION – PROJECT NO. UW21017 February 21, 2025

4.1.2 - 65% PS&E Documents
Plan sheets included in the 65% PS&E submittal will
include the following:
• Title Sheet
• General Notes
• Project Control Plan
• Erosion Control Plans
• Traffic Control Plans, including anticipated access
restrictions to adjacent properties.
• Bypassing Plans, including anticipated service
interruptions.
• Sanitary Sewer Design Improvement Plans and
Profiles at a scale of 1” = 40’, including existing
structures, rim and invert elevations, other utilities
in plan and profile view with relevant protection
measures for adjacent properties and existing
improvements as appropriate.
• Project specific details and typical cross-sections
details.

The improvement plans will be prepared in an Autodesk
Civil 3D version 2018 compatible electronic format.

KSN will prepare the technical specifications and/
or special provisions for the proposed improvements.

These specifications will be incorporated with general
conditions and the bid forms prepared by the design
team. Specifications will be prepared in a Microsoft
Word 365 compatible electronic format. KSN will prepare an engineer’s opinion of probable construction cost for the proposed improvements. The spreadsheet will be
prepared in a Microsoft Excel 365 compatible electronic format.

4.1.3 - 90% PS&E Documents
The 90% submittal will incorporate the City’s comments
from the 65% submittal and further develop the PS&E
documents.

Task Deliverables:
• Digital copy of the full-size set of plans in PDF format. • Digital copy of the technical specifications in PDF
format.
• Digital copy of the engineer’s opinion of probable
construction cost in PDF format.
• Digital copy of the 65% review comment matrix with
written responses in PDF format.
• Returned 65% original red-line comments.

4.1.4 - PS&E Bid Documents
The final submittal, the bid-set, will incorporate the City’s comments from the 90% submittal. A final PDF copy
will be submitted to the City along with the 90% review comment matrix with written responses for review and
approval prior to publishing the final submittal.

Task Deliverables:
• Digital copy of PS&E for final review prior to
plotting mylars, final specs, and opinion of probable
construction cost in PDF format.
• One (1) stamped and signed Mylar copy of the full-size set of plans plus a digital copy in PDF format.
• Digital copy of stamped and signed specifications in
PDF format.
• Digital copy of stamped and signed engineer’s opinion of probable construction in PDF format.
• Digital copy of the drawing files in Autodesk Civil 3D 2018 compatible format.
• A digital copy of the 90% review comment matrix with
written responses in PDF format.
• Returned 90% original red-line comments.

4.2 – Quality Control
KSN has an internal quality control process that verifies all deliverables conform to applicable standards. Our
process includes detailed reviews by experienced team
members at each stage of the PS&E development to
confirm compliance with Caltrans and City of Stockton
standards, as well as to minimize typographical errors
and omissions. We will prepare and provide a signed
Quality Control Checklist with each deliverable submittal, demonstrating our commitment to thoroughness and
adherence to the outlined requirements.

Task Deliverables:
• Digital copy of the signed Quality Control Checklist in PDF format.

TASK NO. 6 – COORDINATION/MEETINGS

6.1 – Project Management
KSN will perform the necessary coordination, monitoring, and administration to manage the KSN team’s progress
toward the project goals and milestones. KSN will prepare a monthly invoice on our standard invoice form, which will include reporting of the KSN team’s project budget and
progress on key deliverables.

6.2 – Meetings
Kick-Off Meeting: The KSN Team will attend a Kick-Off
Meeting with City Staff and key project stakeholders. The purpose of the meeting will be, 1) to review and refine the project scope, goals, and expectations, 2) to define the lines of communication between KSN, City staff, utility companies and other project stakeholders, 3) to confirm project standards, procedures and formats; 4) to identify

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EXHIBIT A

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4 Page
Updated Scope & Fee for

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
AIRPORT WAY SEWER TRUNK REHABILITATION – PROJECT NO. UW21017 February 21, 2025
project constraints and opportunities, 5) to review the project schedule, and 6) to discuss available as-built
documents and other pertinent existing background
information related to the project. The City of Stockton will coordinate the date, time, and location of the Kick-Off Meeting. KSN will prepare and distribute the agenda and the minutes for the Kick-Off Meeting.

Meetings w/City Staff: KSN will hold regularly
scheduled teleconference meetings, (maximum 6), to
discuss project progress and schedule, and to clarify
project design issues and City standards. KSN will
prepare and distribute agendas and minutes for each
meeting.

Site Visits and Miscellaneous Meetings w/ City Staff:

KSN will attend up to 4 project status meetings to be held in Stockton, to discuss project progress and schedule,
and to clarify project design goals and issues. KSN will prepare and distribute the agendas and minutes for each meeting.

6.3 - Design Schedule
KSN will prepare a project schedule, with the City’s input, at the outset of the project. The schedule will be updated monthly and KSN will include a schedule status update
with each monthly billing. The schedule and billings will be submitted in the form and in sufficient detail to track the project status and contract expenditures as outlined by the City at the beginning of the project. The project schedule will be prepared using Microsoft Project.

Task Deliverables:
• Digital copies of meeting agendas and minutes in PDF
format.
• Digital monthly project schedule updates in PDF
format.

TASK NO. 7 – DESIGN SUPPORT DURING

CONSTRUCTION
KSN will support the City’s Construction Manager during the bidding and construction phases of the project by:
1) providing letters of clarification during the bidding process, 2) attending a pre-construction meeting, 3)
review submittals for conformance with the contract
documents, 4) preparing responses to Requests for
Information (RFI), 5) prepare clarification sketches and/or minor modification to plans to address minor changes to field conditions, 6) visiting the site to review the progress of construction for conformance with the design intent
of the contract documents, and 6) preparing record
drawings based upon Contractor field as-builts (see Task 8).

After the construction contract has been awarded, KSN
will attend a pre-construction meeting with the City and the selected contractor.

TASK NO. 8 – RECORD DRAWINGS
Upon completion of construction, KSN will prepare
Record Drawings using red line plans provided by the
contractor that reflect actual changes made during
construction.

Task Deliverables:
• Digital copy of Record Drawings in PDF and AutoCAD
2018 compatible formats.

TASK NO. 9 – PRESERVING AND PERPETUATING

SURVEY MONUMENTS
KSN will prepare a Pre-Construction Record of Survey
for the project. The purpose of the Record of Survey
will be to identify and record the location of existing monumentation prior to the construction of improvements to conform with Section 8771(b) of the Professional Land Surveyors Act. KSN will prepare a Record of Survey tied into the project’s horizontal control system showing all found survey monuments. KSN will submit and process
the Record of Survey through the San Joaquin County
Surveyors Office and the San Joaquin County Recorder’s
Office.

Task Deliverables:
• Digital copy of the final Record of Survey showing the location of found monuments prior to construction in
PDF format.

TASK NO. 10 – RIGHTS-OF-ENTRY
Minor alterations may be required on adjacent private
properties in order to conform private facilities to the final project. KSN will assist the City in obtaining rightsof-way documentation from property owners as needed where work is required on their property. KSN will send out letters to property owners with a right-of-entry form (provided by the City) and supporting exhibits.

Task Deliverables:
• Digital copy of right-of-entry letters and exhibits in PDF format.

OPTIONAL TASK NO. 11 – POTHOLING (ALLOWANCE)
The actual improvements and potential utility conflicts are unknown at this time, and it is not possible to develop a scope of work and fee estimate for potholing. KSN
has included a force account budget allowance in its
fee estimate as a placeholder for potholing. The actual scope of work and fee estimate to perform the potholing will be prepared upon the completion of Task No, 3.1.2
Utility Request Letter (A Letter) and Task No. 4.1.1 Design Report when the level of effort can more accurately be
determined.

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Updated Scope & Fee for

CITY OF STOCKTON, PUBLIC WORKS DEPARTMENT
AIRPORT WAY SEWER TRUNK REHABILITATION – PROJECT NO. UW21017 February 21, 2025

WORK PLAN ASSUMPTIONS
• The scope of work associated with potholing is not currently defined. As such, Task 1.4 includes a budget allowance that will be refined at a later date.
• Geotechnical engineering, investigations, evaluations, etc. are not expected to be necessary for this project based on an understanding that the sewer rehabilitation will use trenchless methods where feasible, and are therefore excluded in this scope of work.
• It is assumed that the project will be categorically exempt from CEQA. Any CEQA documentation, such as a Notice of Exemption, an Initial Study, Negative Declaration, Environmental Impact Report, etc., are excluded in this scope of work.
• It is assumed that the nature of the project work will not trigger the need for regulatory permitting. Technical subconsultants such as biologists, cultural resources consultants, archaeologists, and the preparation of any permit applications are excluded in this scope of work.
• It is assumed that the preparation of a Stormwater Pollution Prevention Plan (SWPPP) and submission of a Notice of Intent (NOI) will be performed by the contractor and are therefore excluded in this scope of work. • It is assumed that the City will perform a current CCTV inspection of the sewer trunkline and will provide KSN with the CCTV inspection videos and inspection reports prior to beginning work. • It is assumed that the City and/or contractor will be responsible for all public communications, outreach, and notifications during the project.
• The Pre-Construction Record of Survey will be filed in lieu of multiple corner records. The purpose of the PreConstruction Record of Survey will be to identify monumentation that exists prior to the project construction. The Pre-Construction Record of Survey will not establish boundary lines or right of way of lines. • Pursuant to Section 8771(d) of the Professional Land Surveyors Act, the governmental agency performing or permitting construction or maintenance work is responsible for ensuring that either the governmental agency or landowner performing the construction or maintenance work provides for monument perpetuation. • This scope of work excludes the setting or resetting of monuments, nor does it include construction or postconstruction monument perpetuation or replacement. Monument perpetuation must be addressed by others during construction and upon the completion of construction.

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Revised: 2/21/2025
Classification Principal Engineer Associate Principal Engineer Associate Engineer Senior Engineer Engineer III Engineer II Engineer I Junior Engineer Senior Surveyor Surveyor Assistant Surveyor Field Crew PW 1 Person Field Crew PW 2 Person Project Coordinator IV Staff Initials SKS ERS EEA MSK NGC KFN CGS JLP/MCS JLP/MCS KAM Rates $309 $296 $286 $260 $250 $233 $216 $179 $276 $244 $206 $270 $395 $172 $25 $25 $35 $150 $55 110% 0.67 110%

1.0 Background Research 3 14 36 28 14 32 24 151 $ 40,480 24 $ 840 $ - $ - $ 18,150 $ 18,150 $ 59,470

1.1 Research 416 16 36 $ 8,328 $ - $ - $ - $ - $ - $ 8,328 Research and Review Available Data 416 16 36 $8,328 $8,328

1.2 Site Reconnaissance 24 4 10 $ 2,368 $ - $ - $ - $ - $ - $ 2,368 Site Visit (assume 2) 24 4 10 $2,368 $2,368

1.3 Surveying and Mapping 2 4 14 32 24 76 $ 22,888 24 $ 840 $ - $ - $ 18,150 $ 18,150 $ 41,878

1.3.1 Control Network 48 8 20 $6,216 8 $280 $6,496

1.3.2 Aerial Survey 4 4 $1,104 $18,150 $18,150 $19,254

1.3.3 Field Survey 12 4 8 16 31 $10,244 16 $560 $10,804

1.3.4 Topographic Mapping 12 2 16 21 $5,324 $5,324

1.4 CCTV Review 14 168 29 $ 6,896 $ - $ - $ - $ - $ - $ 6,896 Review CCTV Videos and Logs 14 168 29 $6,896 $6,896

3.0 Utility Coordination 2 14 36 4 32 24 24 136 $ 37,244 24 24 $ 1,440 $ - $ - $ 11,000 $ 11,000 $ 49,684

3.1 Utility Research and Coordination 2 14 36 4 32 24 24 136 $ 37,244 24 24 $ 1,440 $ - $ - $ 11,000 $ 11,000 $ 49,684

3.1.1 Identify Utility Providers 4 4 $864 $8643.1.2 Utility Request Letter ("A" Letter) & Mapping 2 16 4 16 24 24 86 $24,996 24 24 $1,440 $11,000 $11,000 $37,436

3.1.3 Conflict Letter ("B" Letter) 14 8 8 21 $5,120 $5,120

3.1.4 Final Project Plans Letter ("C" Letter) 18 8 8 25 $6,264 $6,264

4.0 Plans, Specifications & Estimate 16 18 56 168 208 466 $ 110,360 $ - $ - $ - $ - $ - $ 110,360

4.1 Engineering Design 10 48 168 208 434 $ 100,760 $ - $ - $ - $ - $ - $ 100,760

4.1.1 Preliminary Design Report 48 328 52 $12,656 $12,6564.1.2 65% PS&E Documents 2 16 64 96 178 $40,816 $40,816

4.1.3 90% PS&E Documents 2 16 48 56 122 $28,448 $28,448

4.1.4 PS&E Bid Documents 2 8 24 48 82 $18,840 $18,840

4.2 Quality Control 16 8 8 32 $ 9,600 $ - $ - $ - $ - $ - $ 9,600 Quality Control 1688 32 $9,600 $9,600

6.0 Coordination / Meetings 16 64 36 8 124 $ 32,804 $ - $ - $ - $ - $ - $ 32,804

6.1 Project Management 8 16 8 8 40 $10,184 $10,1846.2 Meetings 4 24 24 52 $13,640 $13,6406.3 Design Schedule 4 24 4 32 $8,980 $8,980

7.0 Design Support During Construction 6 48 112 64 230 $ 55,424 $ - $ - $ - $ - $ - $ 55,424 Meetings 28 8 18 $4,744 $4,744
Submittal Review 1 16 40 32 89 $21,104 $21,104
RFI Response 2 16 40 32 90 $21,400 $21,400
Site Visits (assume 3) 18 24 33 $8,176 $8,176

8.0 Record Drawings 216 8 26 $ 6,028 $ - $ - $ - $ - $ - $ 6,028 Record Drawings 216 8 26 $6,028 $6,028

9.0 Preserving and Perpetuating Survey Monuments 4 8 32 16 8 68 $ 18,640 16 8 $ 680 $ - $ - $ - $ - $ 19,320 Pre-Construction Record of Survey 4 8 32 16 8 68 $18,640 16 8 $680 $19,320

10.0 Rights-of-Ways 88 8 24 $ 5,880 $ - $ - $ - $ - $ - $ 5,880 Letters and Exhibits 88 8 24 $5,880 $5,880
16 45 210 376 352 26 96 40 56 8 1225 $ 306,860 40 56 $ 2,960 $ - $ - $ 29,150 $ 29,150 $ 338,970 Optional Tasks / Allowances 1 32 4 8 16 61 $ 14,584 16 $ 400 $ - $ - $ 55,000 $ 55,000 $ 69,984

11.0 Potholing (allowance) 132 4 8 16 61 $14,584 16 $400 $55,000 $55,000 $69,984 16 46 210 376 384 30 104 56 56 8 1286 $ 321,444 56 56 $ 3,360 $ - $ - $ 84,150 $ 84,150 $ 408,954

TASKS AND DESCRIPTIONS
City of Stockton
Airport Way Sewer Trunk Rehabilitation

TASK HOURS BREAKDOWN
Total
Labor
Hours
Total Labor
Budget

PROJECT TOTALS

GRAND TOTALS
General Note: This costs allocation represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. Charges to this project will be made for actual time spent on the project and will be charged as per the attached Fee Schedule.

Total
Equipment
Budget
Other Direct
Costs Budget
Total Budget
3D Print (Rounded)
Cloud
GPS Equip
(1-rec)
Robotic
Total
Station
HDS
Scanner
Boat
Direct
Expense
Mileage
Expense
Sub
Consultant

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

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

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

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

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $2,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

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

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any

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

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

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

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

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

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

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

Verification of Coverage

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

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

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

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

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City of Stockton
Legislation Text
File #: 25-0469, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE CHANNEL STREET IMPROVEMENTS PROJECT

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

1. Appropriate additional funds in the amount of $700,000 from the Affordable Housing and Sustainable Communities to the Channel Street Improvements, Project No. WT22053.

2. Approve the Notice of Exemption No. NOE47-24 under the California Environmental Quality Act for the Channel Street Improvements, Project No. WT22053.

3. Approve the plans and specifications for the Channel Street Improvements, Project No.

WT22053.

4. Award a Construction Contract in the amount of $1,376,066.65 to Tracy Grading and Paving, Inc. of Tracy, CA, for the Channel Street Improvements, Project No. WT22053.

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

Summary
The Channel Street Improvements, Project No. WT22053, is located along Channel Street between Hunter Street and American Street, and on Hunter Street and San Joaquin Street between Miner Avenue and Weber Avenue (Attachment A). The project will install various improvements including bicycle facilities, raised medians, landscaping, parklets, sidewalk improvements, crosswalk improvement, and targeted tree planting. Public Works’ staff, together with Visionary Home Builders (VHB), received an additional $700,000 in Affordable Housing Sustainable Communities (AHSC) funding to help fully fund the project.

On March 20, 2025, the City received seven bids for this project. On March 27, 2025, Rapid Grading Services, the second lowest bidder, submitted a bid protest contending specific documents were not submitted in accordance with the bid requirements. After a thorough review, Public Works, in coordination with the City Attorney’s Office, determined the bid protest to be without merit.

It is recommended that Council award a Construction Contract to the lowest bidder, Tracy Grading and Paving, Inc., in the amount of $1,376,066.65. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE47-24 under the California Environmental Quality Act (CEQA), approving the plans and specifications, and appropriating additional funds for the project.

City of Stockton Page 1 of 3 Printed on 4/23/2025
powered by Legistar™418
File #: 25-0469, Version: 1
Construction is anticipated to be completed by fall 2025, weather permitting.

DISCUSSION
Background
On November 1, 2018, the Strategic Growth Council (SGC) and the California Department of Housing and Community Development (HCD) made available approximately $395 million in funding for the AHSC Program. The AHSC Program provides grants and/or loans to projects that will achieve greenhouse gas emission reductions and benefit disadvantaged communities. All applications for the funding were submitted by February 11, 2019.

VHB proposed to construct the Grand View Village project, which included affordable housing and office/retail space. The project included construction of a new building located along the south side of Miner Avenue between Hunter Street and San Joaquin Street with the goal of bringing affordable housing to an underutilized area of Downtown Stockton. The project also improved sidewalks, transit stops, and installed trees to encourage active transportation. Grand View Village building was completed in 2024.

In February 2019, VHB submitted an application for AHSC funding. VHB requested funding for housing elements and transportation elements. $1,585,132 was reserved for the design and construction of the Channel Street Improvements, Project No. WT22053. The project is located along Channel Street between Hunter Street and American Street, and on Hunter Street and San Joaquin Street between Miner Avenue and Weber Avenue (Attachment A). The project will install various improvements including bicycle facilities, raised medians, landscaping, parklets, sidewalk improvements, crosswalk improvement, and targeted tree planting.

VHB was awarded the AHSC grant funding for the Grand View Village project. On September 6, 2022, the City Manager executed an AHSC Disbursement Agreement that allowed the City to access funding.

Design started toward the end of 2022. However, in fall of 2023, a funding shortfall was identified in the amount of $700,000 for the Channel Street Improvements, Project No. WT22053. VHB requested additional AHSC funding from SGC and a time extension to complete construction. In December 2023, SGC granted the additional $700,000 in AHSC funds to the project and approved a time extension to December 31, 2025, for completion of construction and final funding reimbursements. The additional $700,000 brought the total AHSC budget for the project to $2,285,132. There are sufficient funds to award a Construction Contract including administration, construction management, and contingencies. It is recommended that Council adopt a resolution to appropriate the additional AHSC funding to the project.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million, and the AHSC program encourages the use of such agreements.

City of Stockton Page 2 of 3 Printed on 4/23/2025
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File #: 25-0469, Version: 1
Present Situation
On February 14, 2025, the Channel Street Improvements, Project No. WT22053, was advertised for bids. On March 20, 2025, seven bids were received with the following results:

COMPANY NAME BID AMOUNT
Tracy Grading and Paving, Inc. $1,376,066.65
Rapid Grading Services $1,420,000.00
United Pavement Maintenance, Inc. $1,474,754.27
FBD Vanguard Construction, Inc. $1,553,212.35
Dutch Contracting, Inc. $1,699,744.97
Martin General Engineering, Inc. $1,771,119.46
George Reed, Inc. $2,698,088.00
Engineer’s Estimate $1,816,574.00
State and federal funding programs prohibit the use of the Local Employment Ordinance, Stockton Municipal Code (SMC) section 3.68.095, and the Local Business Preference Ordinance, SMC section 3.68.090.

The bid from Tracy Grading and Paving, Inc. is the apparent lowest bidder and has the proper license to perform the work.

On March 27, 2025, Rapid Grading Services, the second lowest bidder, submitted a bid protest claiming that Tracy Grading and Paving, Inc. did not submit appropriate documentation to satisfy the City’s bid requirements. Public Works’ staff, in coordination with the City Attorney’s Office, reviewed the bid protest and determined it was without merit as Tracy Grading and Paving, Inc. satisfied all bid requirements.

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. NOE47-24 under CEQA. Construction is anticipated to be completed by fall 2025, weather permitting.

FINANCIAL SUMMARY
With the appropriation of additional funds, there will be sufficient budget in the Channel Street Improvements, Project No. WT22053, to award a Construction Contract to Tracy Grading and Paving, Inc. in the amount of $1,376,066.65.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 4/23/2025
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HARDING WAY

WILSON WAY

AIRPORT WAY
DR. MARTIN LUTHER KING JR. BLVD

CALIFORNIA STREET

CENTER STREET

FREMONT STREET

CHANNEL STREET

HUNTER STREET

SAN JOAQUIN STREET

AMERICAN STREET

WEBER AVENUE

MINER AVENUE
Vicinity Map
CHANNEL STREET IMPROVEMENTS
Project No. WT22053
LEGEND

PROJECT LIMITS

ATTACHMENT A
421
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRIATING FUNDS, APPROVING THE NOTICE OF EXEMPTION NO. NOE47-24, APPROVING THE PLANS AND SPECIFICATIONS, AND

AWARDING A CONSTRUCTION CONTRACT FOR THE CHANNEL STREET

IMPROVEMENTS PROJECT
On March 20, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Channel Street Improvements, Project No. WT22053; and
The project will install various improvements including bicycle facilities, raised medians, landscaping parklets, sidewalk improvements, crosswalk improvement, and targeted tree planting; and
Tracy Grading and Paving, Inc. is the lowest bidder in the amount of $1,376,066.65 and its bid is regular in all respects; and
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 the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the appropriation of funds in the amount of $700,000.00 from the Affordable Housing and Sustainable Communities funds to the Channel Street Improvements, Project No. WT22053.

2. The City Council approves the filing of Notice of Exemption No. NOE47-24 under the CEQA for the Channel Street Improvements, Project No. WT22053, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council approves the plans and specifications for the Channel Street Improvements, Project No. WT22053.

4. The City Council awards a Construction Contract between the City of Stockton and Tracy Grading and Paving, Inc., in the amount of $1,376,066.65, and the 422
City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED April 29, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
423
EXHIBIT 1
424
State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between TRACY GRADING AND PAVING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 5431 W. GRANT LINE ROAD, TRACY, CA 95304, 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 CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053, hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,376,066.65, or as otherwise mutually agreed to in a Contract Change Order.

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or Agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.

The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

Contractor agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the City of Stockton Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
upon request. The General Contractor shall require all sub-contractors to provide a valid certificate of insurance, and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($4,200) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if CITY decides to increase the said number of days, CITY shall 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

Page 3 of 124 ends

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS

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.

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428
State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
C. LABOR STANDARDS AND PROVISIONS/CALIFORNIA LABOR CODE The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

D. PREVAILING WAGE
CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each Subcontractor (see Exhibit D). As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.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

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

(iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.

F. COMMUNITY WORKFORCE TRAINING AGREEMENT
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 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 (Exhibit F).

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.

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

Page 7 of 124 ends

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State-Aid Construction Contract – TRACY GRADING AND PAVING INC. – CHANNEL STREET IMPROVEMENTS, PROJECT NO. WT22053 (Updated 10/18/23)
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.

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
By:

By: STEVE COLANGELO

INTERIM CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

TRACY GRADING AND PAVING, INC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

Page 8 of 124 ends

432
LETTER OF CLARIFICATION NO. 2 - MARCH 14, 2025

CHANNEL STREET IMPROVEMENTS
PROJECT NO. WT22053

BIDDING SC HEDULE
Each bidder shall bid each item, including all alternate bid{s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line-item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive. If the City awards the contract, the award is made to the lowest responsible bidder.

Item Item Description Unit Estimated Unit Total Price Quantity price 1 MOBILIZATION b01 0 0(.) lot>, ouo
LS 1
2 TRAFFIC CONTROL DETOURS AND LS 1 \001000 \ 00,000
ACCESS
3 STORMWATER POLLUTION BMP'S LS 1 'l.,.''; I ,Z lo "S'" 1..�,'2.b'\ 4 CONSTRUCTION STAKING AND \ '-\ I ,Z. 'ft) l'-l1'Z..W
MONUMENT PRESERVATION LS 1
5 CLEARING AND GRUBBING LS 1 1 , fo"')t) '1 I fb')t>
6 TEMPORARY FENCE t..\,"')'D q,c,i,u
LF 2,000
7 REMOVE EXISTING ROADSIDE SIGN EA 23 �9.c» '2.,0'1-it

AND/OR POST
8 REMOVE EXISTING CURB LF 10 <c1c.-oo 'M)o. (rt)
9 REMOVE EXISTING CURB AND GUTTER LF 1,082 1.00 71,l"l.w 10 REMOVE EXISTING CONCRETE SF 6,346 l- -SU G,,\'\.()O
11 REMOVE EXISTING PAVEMENT SF 8,018 <-1.00 �-t,01-2-0\ 12 REMOVE EXISTING STRIPING LS 1 ,�,-:i--rr l"!1'l-'S'� 13 REMOVE EXISTING PAVEMENT MARKINGS LS 1 '2.�1'Z.W '2.'!>,Z.n> 14 REMOVE AND REINSTALL EXISTING EA 5 l, \ '\'1- oo �,-::, ::,.-r. ru

SPEED CUSHION
15 REMOVE UNDER SIDEWALK DRAIN EA 1 !>bO,OO � b(). 00
Bid Forms Page 5 of 18 Last Revised 10/18/23
EXHIBIT A Page 9 of 124 EXHIBIT 2
433
EXHIBIT A Page 10 of 124 EXHIBIT 2
434
EXHIBIT A Page 11 of 124 EXHIBIT 2
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EXHIBIT A Page 12 of 124 EXHIBIT 2
436
REV 2024-03-25
Insurance Requirements
Channel Street Improvements, Project No. WT22053
(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 $5,000,000 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 $5,000,000 per accident for bodily injury and property damage.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

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 EXHIBIT B Page 13 of 124 EXHIBIT 2
437
REV 2024-03-25
administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

EXHIBIT B Page 14 of 124 EXHIBIT 2
438
REV 2024-03-25
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

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.

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

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 EXHIBIT B Page 15 of 124 EXHIBIT 2
439
REV 2024-03-25
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.

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.

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 EXHIBIT B Page 16 of 124 EXHIBIT 2
440
REV 2024-03-25
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

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 B Page 17 of 124 EXHIBIT 2
441
Subject:

CITY OF STOCKTON, CALIFORNIA

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C Page 18 of 124 EXHIBIT 2
442
EXHIBIT C Page 19 of 124 EXHIBIT 2
443
EXHIBIT C Page 20 of 124 EXHIBIT 2
444
EXHIBIT C Page 21 of 124 EXHIBIT 2
445
EXHIBIT C Page 22 of 124 EXHIBIT 2
446
EXHIBIT C Page 23 of 124 EXHIBIT 2
447
EXHIBIT C Page 24 of 124 EXHIBIT 2
448
EXHIBIT C Page 25 of 124 EXHIBIT 2
449
EXHIBIT C Page 26 of 124 EXHIBIT 2
450
EXHIBIT C Page 27 of 124 EXHIBIT 2
451
EXHIBIT C Page 28 of 124 EXHIBIT 2
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EXHIBIT C Page 29 of 124 EXHIBIT 2
453
EXHIBIT C Page 30 of 124 EXHIBIT 2
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EXHIBIT C Page 31 of 124 EXHIBIT 2
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EXHIBIT D
200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION"

Page 103 of 124 ends

City Council and Concurrent AuthoritiesApril 29, 2025

City Council and Concurrent Authorities
April 29, 2025