City Council and Concurrent Authorities
May 13, 2025

1093
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

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

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

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

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

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its

1094
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 80 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($4,800) 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.

1095
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) 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)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (EXHIBIT C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

1096
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) 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 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections

1097
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. 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 D). 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

1098
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23) 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.

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.

1099
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

CITY:

By: ____________ _
ATTEST:

KATHERINE ROLAND, CMC, CPMC

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

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:------------

ASSISTANT CITY ATTORNEY

STEVE COLANGELO
INTERIM Clli MANAGER
SS COMPAN dba

KNIFE RIVER C NSTRUCTION
942409660
Tax Identification No.

Local Construction Contract- DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23)

EXHIBIT 2
1100
LETTER OF CLARIFICATION NO. 2 - MARCH 13, 2025

UNION STREET SANITARY SEWER LINE REHABILITATION
PROJECT NO. UW21007

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

ITEM DESCRIPTION UNIT QTY Unit Total
price Price
1 Mobilization LS 1 \IL\ ,tti),oo l \L\ mo.co
2 Traffic Control System LS 1 CilP ,000 .oo 9lt> coo.oo 3 Erosion Control Measures LS 1 ,.q,()O).Q> l"tfl:J.:J)-06 4 Construction Staking LS 1 \'2.1COD-ex> \1.,tro-Ot>
5 Sheeting, Shoring, Sloping, Bracing, or LS 1 ldo,SCO·CO lot)ISCO .()0 Equivalent Method Conforming to Applicable
Safety Standards
r:, 1 ............. �11 .-t 1")11 l"'-1 .... r-ir- r·n ,,-.. f""' .-. .......... f""'\' .,.,. .... Ir Ar, r u ,_, ___ L.. .._,._., ·;:....., V .._, -- ._, -,-,� � �� 7 Install 15" Sdr-26 PVC Sewer Pipe LF 3,360
� 1.£t>4 .oo C\64, 24D · oo
8 Install 8" Sdr-26 PVC Sewer Pipe LF 72 '1.¾.0t> \1,1.D'b.c:» 9 Install 6" Sdr-26 PVC Sewer Pipe LF 45 2�.00 lO,S3().oo 10 Reconnect Proposed Sewer Lines to Existing EA 2 Cl ,lDtJ.J . ()0 \t\,2{)<)-00 Manholes 11 Reconnect Existing Laterals to Main Line EA 12 \ ,0100.00 1....2,'l)(j]-oo 12 Temporary Sewer Bypass Pumping LS 1 (p\ JOOJ .a> (_q \ i::()J -00 13 3' Wide, 3" Deep Asphalt Pavement Grind SF 13,270 0.�0 \\,44�. oo Removal 14 HMA Overlay TON 249 \</)'5.c:,o 4lP,(){!n .oo
15 Restripe Detail 2, Two-Way Pavement Marking LF 2,630 ?,..7-0 5J1�-Cl1 16 Restripe Detail 22, Two Directional Pavement LF 125
Marking lo.�w <ol\5.oo
17 White Thermoplastic Striping (12" Stop Bar) SF 24 \\-00 '2-W.oo 18 White Thermoplastic Striping (24" Stop Bar) SF 82 1..1-oO \ I W--f.00 19 White Thermoplastic Marking (White Stop SF 44 \5.CO lru>D. oo Legend) 20 White Thermoplastic Marking (Railroad SF 180 \5.ob 2,1co.oo Pavement Markings) 21 Install Type 1 Sanitary Sewer Manhole EA 10 to{WJ.co �ox>-oo Bid Fonns Page 4 of 13 Last Revised 12/31/20
EXHIBIT A Page 9 to 48 EXHIBIT 2
1101
EXHIBIT A Page 10 to 48 EXHIBIT 2
1102
REV 2024-03-25
Insurance Requirements
Project No. UW21007, Union Street Sanitary Sewer Line Rehabilitation (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.

General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50') of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent).

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.

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 Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. 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.

6. Surety Bonds as described below.

EXHIBIT B Page 11 to 48 EXHIBIT 2
1103
REV 2024-03-25
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may 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 EXHIBIT B Page 12 to 48 EXHIBIT 2
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REV 2024-03-25
CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

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.

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 EXHIBIT B Page 13 to 48 EXHIBIT 2
1105
REV 2024-03-25
Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

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

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

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

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to 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.

EXHIBIT B Page 14 to 48 EXHIBIT 2
1106
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Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B Page 15 to 48 EXHIBIT 2
1107
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.

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Attachment A

COMMUNITY WORKFORCE AND TRAINING

AGREEMENT

FOR THE CITY OF STOCKTON
INTRQDUCTIQN/FINDINC.S
The purpose of this Agreement is to promote efficiency of construction operations performed for and within the City of Stockton and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects subject to this Agreement, and to support the efforts of the City to increase employment opportunities for workers who reside in Stockton, to help increase training and employment opportunities for the City's students in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools.

WHEREAS, the City adopts a five-year Capital Improvement Plan that identifies the public projects necessary to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City unde1takes and anticipates undertaking many of the projects identified in tl1e current and proposed Capital Improvement Plan and other City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has determined that applying the same Agreement to the Capital Improvement Plan and other public works construction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of various skills will be required in the perfonnance of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ("the Council") and employed by contractors and subcontractors who are signatory to agreements with said labor organizations; and WHEREAS, it is recognized that projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disrnption is substantial without an overriding commitment to maintain continuity of work; and 3238-0l?jj 1
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Attachment A
WHEREAS, the interests of the general public, the City and the Contrnctor(s)/Employer(s) would be best served if the construction work proceecled in an orderly mallllcr without disruption due to labor disputes; and
WHEREAS, the Contractor(s)/Emp!oyer(s) and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed 011 the construction projects subject to this Agt·eement in order to pl'omote a satisfactory, continuous and harmonious relationship among the parties to this Agreement; and
WHEREAS, imemployment rates In Stockton have been consistently higher than in California as a whole and statistics indicate that the higher unemployment level in Stockton com:lates to a higher number of families living in poverty and to a higher crime rate; and WffitREAS, due to the lack of jobs, much of the work fol'ce residing in Stockton is forced to commute long distances to find work, causing increased traffic, increased pollution, and other serious environmental impacts; and
WHEREAS, because of the sho1tage of local jobs, many residents of Stockton must leave for work very eal'ly in the moming and return late in the evening, often leaving children and teenagers alone and unsupervised during the clay; and
WHEREAS, absentee parents and unsupervised youth can result in increased problems for families, communlties, and the City as a whole; and WHli1REAS, the contracts for the construction of the projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and state, local and federal laws and regulations; and
WHEREAS, the City has Uie absolute right to select the lowest responsive and responsible bidder for the award of construction contracts on U1e projects; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Capital Improvement Plan pl'ojects and other major City public works projects that will be subject to this Agreement; and

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS llOLLOWS:

ARTICLE I

DEFINITIONS

1. l. "Agreement" memis this Community Workforce and Training Agreement.

1.2 "City" means the City of Stockton and its public employees, including managerial persolll1el.
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Attachment A

1.3 "Contrnctor(s)/Employer(s)" or "Contractor" means nny indivi<lual, firm, partnership or corporation, or combination thereof, includingjoint ventures, that is an independent bl1siness enterprise and has entered into a contract with the City or Project Manager or any of its contractorn 01· subcontractors of any tier, with respect to the construction of any prut of the Project under contract terms and conditions approved by the City and which incorporate this Agreement,

1.4 "Construction Contract" means a contract awarded by the City for public work within the meaning of Chapter 1 (commencing with Section 1720) of P11117 of Division 2 of the California Labor Code.

1.5 "Project" means any construction project of the City whose value as determined by the higher of the engineer's estimate of the total cost of the project or the actual cumulative bid runounts submitted by the contractor or contractors aw111·ded the Construction Contracts for the Project, exceeds one million dollars ($1,000,000), By mutual consent of the City and the Council, ·this threshold amount may be reduced to !Ill amount not below two hundred and fifty thousand dollru·s ($250,000) after one year from the effective date of this Agreement.

1.6 "Union" or "Unions" means the San Joaquin Building and Construction Trades Council, AFL-CIO ("the Council") !llld any other labor organization, including those affiliated with the Council, signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates !llld member organization whose nrunes are subscribed hereto and. who have through their officers executed this Agreement ("Local Unions").

1.7 "Stockton Resident" means a resident of the City of Stockton as defmed by Stockton Municipal Code Section 3.68.095(1)(3).
1,8 "Local Arca Resident" means !Illy Stockton Resident or any individual domiciled within the boundaries of San Joaquin County according to the criteria set forth in Stockton Municipal Code Section 3.68.095(1)(3) for Stockton Residents.

1.9 "Prnjeot Manager" me11ns the business entity 01· City employee designated by the City to oversee all phases of construction on the Project.

1. 10 "Master Agreement" or "Schedule A" means tho Master Collective Bargaining Agreement of each craft union signatory hereto, which shall be on file with the City.

1.11 "Completion" means that point at which the City accepts a project at issue by filing a Notice of Completion, or as otherwise pmvided by applicable state law. "Punch List" items and any other work within the scope of this Agreement not completed prior to commencement of revenue service shall nonetheless be included within the scope of this Agrnement. It is understood by the parties that portions of the Project may be completed in phases and Completion of any such phase may occur prior to Completion of the Project. 3238-017] 3
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ARTICLE II

SCOPE OF AGREEMENT

2.1 Parti(Jl!: The Agreement shall apply and is limited to the City and all Attachment A
Contractor(s)/Employer(s) performing constmction contracts on the Project, including surveying and on-site testing and inspection where such work is traditionally covered by a Master Agreement with a Uniou, and the Council and any other labor organization signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through tholl' officers executed this Agreement. 2,2 Project Description: The Agreement shall govern the award of all Construction Contracts identified by the City as part of the Project. The City has the absolute right to combine, change, consolidate, suspend or cancel Constmction Contract(s) 01· portions of Construction Contrnct( s) identified as part of the Prnj ect. Should the City suspend or remove any individual contract from the Project and thereafter authorize that constmctio11 work be commenced 011 such contract, then such contrnct shall be performed under the terms of this Agreement. Once a Construction Contract is completed it is no longer covered by this Agreement except when a Contractor is clirected to engage in repairs, wa!Tanty work or modifications required by its Co11strnctlon Contract with the City. For the purposes of this Agreement, a Construction Contrnct shall be considered Completed as set forth in Section 1.11 of this Agreement.

2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, on-site construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures, modular furniture installatio11S, and other works and relatecl activities for the Project that is within the craft jurisdiction of one of the Unions and that is part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HV AC, landscaping and temporary fencing, pipelines (including those in linear corddors built to serve the Project), pumps, pump stations, on-site soils and material inspection and testing, and demolition of any existing stmctures required to be performed to complete the Project. This Agreement shall apply to any stait-up, calibration, commissioning, performance testing repair, and operational revisions to systems and/or subsystems for the Project performed after completion, unless it is performed by City employees.

On-site work includes w01-k done for the Project in tempornry yards or areas adjacent to tho Project, and at any on-site or off�site batch plant constructed solely to supply materials to the Project, This Agreement covers nil onsite fabrication work over which the City or any Contractor(s)/Employer(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project.) This Agreement also covern all off-site work, including fabrication trailitionally perfonned by the Unions, that is part of the Project, provided such off-site work is covered by a curl'ent "Master Agreement" or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution date of this Agl'eement. The ftn11lshlng of supplies, equipment or matetials which am stockpiled fot· later use shall not be considered Covered Work; however, the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the constrnction process as well as the off-hauling of debris and excess fill, material and/or mud shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing constrnotion tmcking work shall prnvidc certified payroll records te the City within ten (10) days of a wdtten request or as requirccl by bid specifications, 3238-017jj 4
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Attachment A

2.4 Exclusions from Covered Work
2,4.1 The Agreement shall be limited to construction work on the Project and is not intended to, and shall not affect or govern the awm·d of public wotks contracts by the City wl1ich are not a part of the Project.
2,4.2 The Agreement shall not apply to a Contractor's/Employer's nonconstmction craft employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of Oeneml Foreman ( except those covered by existing Master Agreements), staff engineers or other professional engineers, administrative and management persotmel.

2.4.3 This Agreement shall not apply to work by employees of the City,

2.4.4 This Agreement shall not apply to any work performed on or near 01· leading to the site of work covered by this Agreement that is undertaken by state, county, City or other governmental bodies or their contractors; or by public or private utilities 01· their contractors that is not part of the Project.

2.4.5 This Agreement shall not apply to the Project whet·e the At,,•reement is prohibited by state or federal law or where the el(press conditions for the receipt of non-de minhnis state or federal funding prohibit the City from applying this Agreement to the Project. 2,5 Proiect Labor Disputes: All Project labor disputes involving the application or inte1pretationofthe Master Agreement to which a signatory Contractor(s)/Employer(s) and a signatory Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the Grievance Committee and the Grievance and Arbitration Procedure set forth in Article XII,

2.6 Work covered by this Agreement within the following craft jurisdictions shall be performed tmder the terms of their National Agreements as follows: the National Transient Lodge ("NTU') Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constmctors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/lBEW Joint National Agreement for Instrnment and Control Technicians, with the exception that Articles IV, XII, XIII of this Agreement shall apply to such work.

2.7 Award ofConll'Ucts. It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed tlmt this Agreement shall be included in all invitations to bid 01· solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this Agreement.
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ARTICLE III
EFFECT OF AGREEMI�NT
Attachment A
3 .1 By executing the Agt·eement, the Unions and the City agree to be bmmd by each and all of the provisions of the Agreement.
3 .2 This Agreement shall be included as a condition of the award of Constniction Contracts fol' the Project. By accepting the award of a Constrnction Contract for the Project, whether as contractor or subcontractor, the Contractor(s)/Employer(s) agrees to be bound by each and every provision of the Agreement ancl agrees that it will evidence its acceptance prior to the commencement of work by executing the Agrnement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contrnctor(s)/Employer(s) enters into a subcontract with any subcontractor providing for the performance of a Constrnction Contract, the Contractor(s)/Emp!oyer(s) shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a part of accepting an award of a constrnctfon subcontract to agree in w1'iting, to be bound by each and every provision of this Agreement prior to the commencement of work by executing tl1e Agreement to be Bound in the form attached hereto as Addendum A. 3 .4 This Agreement shall only be binding on the signatory patties hereto, their successors and assigns, and shall not apply to the parents, afl1Iiates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, Any dispute between the Union(s) ancl the Contmctor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and other Contractor(s)/Employer(s) patty to this Agreement.

3.5 It is mutually agreed by tho parties that uny liability by a signatory Union to this Agreement shaU be several and not joint. Any alleged breach of'this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement,

3.6 The provisions of this Agreement, including the Master Agreements of the Local Unions having jurisdiction over the work on the Pmject, incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other locii\, area and/or national agreements which may conflict with or differ from the terms of this Agree111e11t. Where a subject covered by the provisions of this Agreement is also covered by a Master Agt·eement, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, tl1e provisions of the Master Agreement shall prevail.

ARTICLE IV
WORK STOl'PaGRS. STRIKES, SYMPATHY

STRIKES AND J,,OCKOUTS

4.1 The Unions, City and Contractor(s)/Employe1·(s) agrne that for the duration of the Project:
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Attachment A
(1) There shall be no strikes, sympathy strikes, wot1c stoppages, picketing, hand billing 01· othe1wise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employee! on the Prnject, at the job site of the Project or at any other facility of the City because of a dispute on the Project. Nor shall the Unions or any employees employed on the Project participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at the johsite of the Project because of a dispute between Unions and Contractor(s)/Employer(s) on any other project. It shall not be considered a violation of this Article iflabor is withheld by a Union due to lack of payments to a Tmst Fund or failure to make payroll on the Project. Nothing stated in this Agl'eement shall prevent Unions from participating in the actions mentioned in this section on jobsites other than the Project jobsite because of disputes between the Unions and Contractor(s)/Employer(s) on projects other thru1 the Project, (2) As to employees employed on the Pl'Oject, there shall be no lockout of any kind by a Contactm(s)/Employer(s) covered by the Agreement. (3) If a Master Agreement between a Contractor(s)/Employer(s) and the Union expires befo1·e the Contractor(s)/Employer(s) completes the performance of a Construction Contract for work covered under this Agreement and the Union or Contractor(s)/Employer(s) gives notice of demands for a new or modified Master Agreement, the Union agrees that it will not strike the Contractor(s)/Employer(s) on said contract forwoi'lc covered under this Ag1·eement and the Union and the Contractor(s)/Employer(s) agree that the expired Master Agreeme11t shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached between the Union and Contl'llctor(s)/Employer(s). If the new or modified Master Agreement reached between the Union and Contractor(s)/Employer(s) provides that any tem1s of the Master Agreement shall be retroactive, the Contractor(s)/Employer(s) agrees to comply with any retroactive terms of the new or modified Master Agreement which is applicable to employees employed on the Project within seven (7) clays aner the effective date of the new or modified Mastei· Agreement,

4.1. 1, Notification: If the City contends that any Union has violated this Article, it will notify in writing (including email) the Senior Executive of the Cotmcil imd the Senior Executive of the Union, setting forth tho facts alleged to violate the Atticle, prior to instituting the expedited arbitration procedure set forth below, The Senior Executive of Council will inunediately use his/her best efforts to cause the cessation of any violation of this Atticle. The Senior Executive of the Union will immediately infotm the membership of their obligations under this Atticle. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law 01· equity, when a breach of this Article is alleged to have occurred:
(1) A party invoking this proceduro shall notify Robert Hirnch, as the permanent arbitrntor, or, William Riker, as the altemate uncler this procedure, In the event that the permanent arbitrator is unavailable at any time, the altemate will be contacted, If neither is available, then a selection shall be macle from the list of arbitrators in Article XII. Not.ice to the arbitmtor shall be 3238-017] 7
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Attachment A
by the most expeditious means available, with notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the City, to the Council and to the involved Local Union if a Union is alleged to bo in violatio11,
(2) Upon receipt of said notice, tho City will contact the designated arbitrator named above or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists, (3) The ru:hitrntor shall notify the parties by facsimile or telephone of the place and time for the hearing, Said hearing shall be completed in one session, which, with appropriate recesses at the al'bitrntor's discretion, shall 11ot exceed twenty-four (24) hours unless otherwise agreed upon by all parties, A failure of atly party to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbill'ator, (4) The sole issue at the hearing shall be whether 01· not a violation of Article N, Section 4, l of the Agreement has occurred, The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation 01· to awal'd damages, which issue is reserved for comt prnceedings, if any, The award shall be issued in writing within three (3) hoUl's after the close of the hearing, and may be issued without a written opinion, If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shatl not delay compliance with or enforcement of the award. The arbitrntor may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by ha1Jd or registered mail upon issuance,
(5) Such award may be enforced by any Court of competentjw'isdiction upon the filing of this Agreement and all other relevant documents l'eferred to above in the following mMner, Written notice of the filing of such enforcement proceedings shall be given to the othel' party. fu the proceeding to obtain a temporru·y order enforcing the arbitrator's award as issued under Section 4,2 of this Article, all parties waive the dght to a hearing and agree that such proceedings may be ex-pa>'te. Such agreement does not waive any patty's right to participate in a hearing for a final order or enforcement. The Comt's order or orders enforcing the arbitrator's award shall be servecl on all parties by hand or delivered by certified mail. (6) Any rights oreated by statute or law govoming arbitmtion proceedings inconsistent with the above prncedure, or which interfere with compliance, are waived by the parties,
(7) The foes and expenses of the arbitrator shall be divided equally between the party instituting the arhitration proceedings provided in this Article imd the paity alleged to be in breach of its obligation under this Article,
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ARTICLEY
PRE-CONSTRUCTION CQNFicRENCE
Attachment A

5.1 The Project Munager shall convene a pre-constmction conference to be held at least fourteen (14) days pl'ior to the commencement of each construction phase, at a time and location mut,mlly agreeable to the Council. Such conference shall be attended by a representative each from the participating Contractor(s)/Employer(s) and Union(s) and the Project Manager.
5 .2 Review Meetings: In order to ensute the terms of this Agreement a1·e being fulfilled and all concerns pertaining to the City, the Unions, and the Contrnctors are addressed, the Project Manager, General Contractor and Senior Executive of the Council or designated representatives thereof shall meet on a periodic basis during the tet'm of constrnction. The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the te1ms of this Agreement are being fulfilled.

ARTICIJ½-YI

NO DISCRIMINATION

6.1 The Contrnctol'(s)/Employer(s) and Unions agree to comply with all antidiscrimination provisions of fedornl, state and local law, to protect employees and applicants for employment, on the Project.

ARTIClJ<;VJI

UNION SECURITY

7.1 The Contractor(s)/Employer(s) l'ecognize the Union(s) as the sole bargaining representative of all craft employees woddng within the scope of this Agreement.

7.2 All employees performing work covered by Ibis Agreement shall, as a condltion of employment on or before the eighth (8th) cumulative day of employment on the Project, be responsible for the payment of the applicable periodic working dues and fees uniformly required for union membership in the Local Union that is a signatory to this Agreement for the dlll'ation of his or her employment on the l'l"Oject. Nothing in this Agreement is intended to prevent any nonunion employees from joining the Local Union.

7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed 011 the Project.

ARTICLE YIU

REFERRAL

8.1 Contractor(s)/Employer(s) performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registrntion facilities and referral systems established or authorized by the Local Unions ("Job Referral System"). Such Job Referral System shall be operated in a non-discdminatory manner and in full complitmce with all federal, state, and local laws and regulations, including those which require 323&-017] 9
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Attachment A
equal employment opportunities and non-discrimination. The Contractor(s)/Employer(s) shall have the right to reject any applic1.111t referred by the Uni.on(s), in accordance with the applicable Master Ag1·eement.

8.2 Tho Contractor(s)/Employer(s) shall have the unqualified l'ight to select and hire directly all supervisors above general foreman it considers necessary and desirable, without such persons being referred by the Union(s).

8.3 In the event that referral facilities maintained by the Union(s) are 1mable to fill the requisition of a Contractor(s)/Employer(s) for employees within a forty-eight (48) hour period (Satui·days, Sundays and Holidays excluded) after such requisition is made by the Contl'actor(s)/Employer(s), the Contractor(s)/Employer(s) shall be free to obtain work persons from any source. A Contractor who hires any personnel to perform covered work on the Project pursuant to this Section shall immediately provide the approp!'iate Union with the name and uddress of such employee(s) and shall immediately !'Ofer such employee(s) to the appropl'iate Union to satisfy the requirement� of Article VII of this Agreement.

8.4 Unions will exel't their utmost efforts to recrnit sufficient numbe!'s of skilled craft pe!'sons to fulfill the requirements of the Contractor(s)/Employel'(s). Recognizing the special needs of the Project and the acute shortage of sldlled craftspeople, the Unions shall consider a Contractor's request to transfer key employees to work on this Project in a mt1nner consistent with the Union's referral procedui·es.

8.5 The parties to this Agreement support the clevelopment ofincreasecl numbe!'s of skillecl construction wodcel's from the City of Stockton and Sau Joaquin County. To the extent allowed by law, and consistent with the Local Uniou's hiring hall provisions, and as long as they possess the requisite skills and quulifications, Local Area Residents, includingjoumeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9.1 All Contractors/Employers agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, ancl health benefit funds established by the applicahle Master Agreement for each hour worked on the-Project in the amounts designated in the Master Agreements of the appropriate Local Unions. 9,2 By signing this Agreement, the Contl'actor(s)/Employcr(s) adopts and agrees to be bound by the written terms of the legally established Tmst Agreements, as described in section 9,1, specifying the detailed basis on which payments are to be made into, and benefits paid out of; such Tn1st Fimds established by such appropriate local agreements. The Contrnctor(s)/Employer(s) authorizes the parties to such local trnst agreements to appoint trnster-s and succosso!' trnsteos to administer the tmst funds and hereby ratify and accept the trnstees so appointed as if made by the Contractor(s)/Employer(s).

9.3 Wages, How·s, Tel'!ns and Conditions of Employment: The wages, hours and other terms 1.111d conditions of employment on the Project shall be govemed by the Master Agreement of the respective crafts, copies of which shall be on filo with tho City to the extent such Master 323B•Ol7n 10
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Attachment A
Agreement is not inconsistent with this Agreement. All employees covered by this Agreement shall be classified and paid in accordance with the classification and wage scales contained in the appropl'iate local agreements which have been negotiated by the historically recognized bargaining entity and in compliance with the applicable general prevailing wage determination made by the Director of Industrial Relations pursuant to the California Labor Code.

9.4 During the period of construction on this Project, the Contractor(s)/Employer(s) agrees to recognize and put Into effect such increases in wages and recognized fringe benefits as shall be negotiated between the various Unions and the historically recognized local bargaining entity on the effective date as set forth in the applicable agreement. The Unions shall notify the Contractor(s)/Employer(s) in writing of the specific increases in wages and recognized fringe benefits and the date on which they become effective.

9.5 agreement.

Holidays: Holidays shall be in compliance with the applicable Schedule A

ARTICLEX
EMPLOYll)E GRIEVANCE PROCEDURE

10.1 All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the gdevance and arbitration provision contained in the Master Agreement for the craft of the affected employee. No employee wot:!dng on the Project shall be disciplined or dismissed without just cause.

ARTICLE XI
CQMJ!LIANCE
1 I.I It shall be U1e responsibility of tho Contractor(s)/Employer(s) and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article IX.

Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Tmst Funds to collect delinquent Tmst Fund contributions from Employers on the Project. The City shall monitor and enforce compliance with the prevailing wage requirements of the state and Contractors'/Employers' compliance with this Agreement.

ARTICLE XII
GRIEVANCE ARBITRA1JON PROCEDURE

12.1 The parties understand and agree that in the event any dis1mte arises out of the meaning, h1terpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the gl'ieving party (Local Union or City on its own behalf, or on behalf of an employee whom it represents, or a contrncto1· on its own behalf) provides notice in writing to the signatory party with whom it has a dispute witltln five (5) clays after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extenclecl by mutual written agreement of the parties.
3238-017jj 11
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1132
Attachment A

12.2 Gl'ievances shall bo settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the gl'ievance, the Business Representative of the involved Local Union or City, or his/her designee, or the representative of the employee, and the representative of the involved Contractor(s)/Employer(s) shall confer and attempt to resolve the giievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days alter the meeting to resolve the dispute in Step 1, the Intemational Union Representative and the Contractor(s)/Employer(s) involved shall meet within seven (7) working days of the refel'l'al of the dispute to this second step to al1'ive at a satisfactory settlement thel'eof. Meeting minutes shall be kept by the Contrnctor, In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such lo11ge1· time as is i::m1tually agreed upon by all tejlreslmtritives on the Grievance Committee), to confer in an attempt to resolve the grievance, The Grievance Committee shall be comprisell of two (2) representatives of the City; and one (I) representative of the Project Manager, and three (3) representatives of the San Joaquin Building & Constmction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longel' time as mutually agreed upon) it may be referred within five (5) business clays by either party to Step 3.

Step 3: lfthe grievance is not settled in Step 2 within five (5) business days, either party may request the dispute be submitted to arbitration or the time may be extended by mull.ml consent of both parties. Within five (5) business days after referral of a dispute to Step 3, tho representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. If the p81ties are unable to agree on 811 arbitrntor, 811 arbitrator shall be selected by the altemate striking method from the list of five (5) below, The order of striking names from the list of arbitrators shall he dete11nined by a coiu toss, the winner of which shall decide whether they wish to strike first or second. If any of the arbitrators listed below or in Article 4 is no longer wodcing as a labor arbitrator at the time of selection, the City and the Council shall mutually agree to a replacement. In addition, the City and the Council may mutlially agree to add additional arbitrators to those listed below. l. William Riker

2. Barry Winogarcl

3. Thomas Angelo

4. Robert Hirnch
S. William Engler

12.3 The Al'bitrator shall arrange for a hearing 011 the earliest available date from the elate of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator. The decision of the Arbitrator shall be 32)8,01'/jj 12
EXHIBIT D Page 41 to 48 EXHIBIT 2
1133
Attachmant A
final antl binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of' the Agreement. The expense of the Arbitrator shall be borne equally by both parties.

12.4 The time limits specified in any step of the Grievance Procedure set fotth in Section

12.2 may be extended by mutual agreement of the parties initiated by the written reqi1est of one party to the other, at the appropriate step of the Grievmce Procedure. However, failure to prncess a grievance, or failure to respond in writing witb.iu the time litnits provided above, without an agreed upon extension of time, shall be deemed a waiver of such gl'ievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or dispi1tes, In order to encourage the resolution of disputes and grievances at Steps I and 2 of this Grievance Prncedure, the parties agree that such settlements shall not be precedent setting.

ARTICLE XIII

WORK ASSIGNMENTS AND ,JURISWCTIQNAL DISPUTES

13.1 The assignment of Covered Work will be solelytheresponsibility of the Employer performing tho work involved; and such work assignments will be in accordance with the Plan fol' the Settlement of the Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.
13 .2 All jurisdictional disputes on this Prnject between or among the building and constrnction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the foture by the Building and Constrnction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions pruties to this Agreement. 13,3 If a dispute arising under this Atticle involves the Northern California Carpenters Regional Cmmcil or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Axbitmto1·1
s hearing on the dispute shall be held at the
offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) days of the selection of the Arbitrator, All other procedures shall be as specified in the Plan,

13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature am! the Employer's assignment shall be adhered to until the dispute ls resolved. Individual employees violating this section shall be subject to immediate discharge. Bach Employer will conduct a pre-job conference with the Council pl'io1· to commencing work. The Prnject Manager ru1d City will be advised in advance of all such conferences and may participate If they wish. P1·e-job c011ferences for different Employern may be held together.
3238-017] 13
EXHIBIT D Page 42 to 48 EXHIBIT 2
1134

ARTICLE XIV MANAGEMENT
RIGHTS
Attachment A

14.1 The Contractor(s)/Employer(s) shall retain full and, exclusive authority for the management of their operations, including the right to direct theil' workforce in their sole discrntion. Except as provided by Section 2.3 and by the lawful manning provisions in the applicable Master Agreement, no rules, customs or pmctices shall be permitted or observed which limit or restrict production, 01· limit or restrict the working efforts of employees.

ARTICI,EXY

HELMETS TO HARDHATS
15, I The Contractor(s)/Employcr(s) and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans and members of the National Guard and Reserves who are interested in careers in the building and constrnction industry. The Contractor(s)/Employer(s) and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center), a joint LaborManagement Cooperation Trnst Fund, established wider the authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S,C. Section l 75(a), and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C, Sect
ion 186(c)(9), and a charitable tax exempt
organization under Section 50l(c)(3) of the Internal Revenue Code, and the Center's "Helmets to Harclhats" program to setve as a resource fo1· preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, suppmt network, employment opportunities and other needs as identified by the parties,

15.2 The Unions and Contractor(s)/Employer(s) agree to coordinate with the Center to patticipate in an integrntecl database of veterans and members of the National Guard and Rese1ves interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterm1s for bona fide, provable past experience,

15.3 Nothing in this Alticle shall be interpreted to preclude 1my Contractor(s)/Employer(s) that is uot signatory to a Master Agreement to utilize an altemative plan or program for recruiting, training and facilitating construction industry employment opportunities for militaty veterans and members of the National Guard and Rese1ves, Before utilizing such altemative prngrrun on the Project, such Contractor(s)/Em_ployor(s) shall prnvide the City with a description of such plan or program.

ARTTCLEXVI

DRUG & ALCOHOL TESTING

16.1 The use, sale, transfer, purchase 11nd/or possession of a controlled substance, alcohol and/or firearms at any time during the work clay is prohibited.

16.2 The Parties agree to recognize and use the Substance Abuse Program contained in each applicable Union's Schedule A.
3238-017jj 14
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1135

ARTICLE XVII

TERM SAVINGS CLAUSE
Attachment A
17 .1 The pal'ties agt'ee that in the event any article, provision, clause, sentence or word of the Agreement is determined lo be illegal or void as being in contravention of any applicable law, by a comt of competent jurisdiction, the remainder of the Agreement shall remain in full force and eflect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement Is detennined to be illegal or void, by a court of competent jul'isdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or work in question. 17 .2 The parties also agree that in the event that a decision of a court of competent jurisdiction materially niters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

17.3 If a court of competent jlll'isdiction determines that all 01· pmt of the Agreement is invalid and/or eajoins tho City from complying with all or part of its provisions and the City accordingly dete1mines that the Agreement will not be requil'ed as part of an award to a Contractor(s)/Employor(s), the unions will no longer be bound by the pmvisions of Article IV.

ARTICLE XYIU
LOCAL mnE, PRIORITY APl'RENCTICE AND WORKFORCE

DEVELOPMENT PROGRAM

18.1 The objective of the City in creating this Local Hit'e, Pdority Apprentice and Workforce Development Program is to e11hm1ce and encoLll'age employment opportunities for Stockton residents and to enable effective construction career pathways for Local Area Residents through California State approved Joint Apprenticeship Programs. To that end, as part of the Agreement, the City establishes goals for the hiring, training and retention of Local Area Residents.

18.2 Local Hire. The City establishes the following Local Hire goals and commitments:

18.2.1 The patties agree to make a good faith effort to refer on a pl'iority basis, consistent with the non-discriminatory referral procedures of the applicable Union, qualified and available, Local Area Residents for Project work. The parties agree to a goal that Stockton residents shall pe1form a minimum of 50% ofthe hours worked on the Project by the Contrnctors' total construction workforoe. In the event that a sufficient number of Stockton residents m·e not available to fulfill tho 50% local hire requirement, the next tier of residents shall come from anywhere in San Joaquin Cot111ty. The Contractor(s) shall make good faith efforts to reach this goal through the utilization of the Unions' hiring hall procedut·es. The Unions shall exercise theii' best efforts in their recmiting and training of Stockton 1·0s!dent workers and in utilizing their hil'ing hall procedures to facilitate this 50% goal.

18.2.2 The parties also recognize nm! support the City's commitment to provide opportunities for participation on the Project to Stockton businesses through the City's Local Business Preference Ordinance. fa fut1hernnce of this commitment, the parties agree that such 3238-017] 15
EXHIBIT D Page 44 to 48 EXHIBIT 2
1136
Attachment A
Stockton contractors and subcont!'actors awarded work on the Project may request by name, and the Local Union will honor, l'eferxal of persons who have applied to the Local Union for Project work, and who demonstrate the following qualifications:
performed;
(!) possess any license required by state or federal law for the Project work to be (2) have wod,ecl a total of at least two thousand (2,000) hours in the construction craft during the prior two (2) years;
(3) were on the Contractor's active payroll for at least ninety (90) out of the one hundred and twenty (120) calendar days prior to the contract award; and
( 4) have the ability to perform safely the basic functions of the applicable trade; (5) are Stockton residents.

The Union will refe1• to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor's "core" employees as a journeyman and shall repeat the process, one and one, until such Contractor's crew requirements me met 01· until such Contractor has hired five (5) "co1•e" employees, whichever occUJ·s first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor's work, the ratio shall be maintained and when the Contractor's workforce is reduced, employees shall be reduc�d in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring.

18.2.3 The Contractor shall notify the appropriate Union of the name and social security number of each direct hire and each direct hire shall register with the Union's hiring hall and comply with Article VII before commencing Pmject work. If there is any question regmding an employee's eligibility under Section 18.2, the City, at a Union's request, shall obtain satisfactory proof of such from the Contractor.

18.3 Priority Apprenticeship and Workforce Development

18.3 .1 Recognizing the need to develop adequate numbers ofcompetent workers in the construction industry, the Contractor(s)/Employer(s) shall employ apprentices ofa California State approved Joint Apprenticeship Program in the respective crafts to perfo1111 such work as is within their capabilities and which is customarily performed by the crnft in which they are indentured. The apprentice ratios will be in complim1ce with the applicable prnvisions of the California Labor Code and Prevailing Wage Rate Determination.

18.3.2 The parties agree to a goal that 50% of apprentices employed on the Project shall be residents of the City of Stockton 01· other Local Area Residents. In achieving this goal, atrisk youth who reside in the following zip codes within ti1e City of Stockton, shall be given priority in the apprenticeship recruitment process: 95202, 95203, 95204, 95205, and 95206. If sufficient numbers of Stockton residents m·e not available, then a good faith effort will be made by the Unions to utilize residents of San Joaquin County. All apprentices reforrecl to Contrnctors under this 3238,017] 16
EXHIBIT D Page 45 to 48 EXHIBIT 2
1137
Attachment A
Agreement shall be enrolled in State of California approvecl Joint Apprenticeship Progmms. Subject to any legal restrictions, the parties agree to a goal that apprentices will perform twenty percent (20%) of the total craft hours worked 011 the Project unless an applicable Maste1· Agreement provides for a greater percentage. The Unions agree to cooperate with the Contractors in furnishing apprentices as requested and they shall be properly supervised ancl paicl in accordance with the provisions of the applicable Master Agreement.

18.3,3 The Contractors and Unions shall make good faith efforts to reach the apprenticeship goals set forth in this Section 18.3 through the utilization of normal hiring hall and apprentice procedm·es iu1d, when appropriate, the identification of potentially qualified apprentices thl'ough community-based 01•ganlzatio11s wol'ldng in collaboration with the apprentice programs.

The Unions are committed to working with the Contractors and community based orgiu1izatio11s to achieve these goals. At least annually, the Unions and the City will each conduct a Community Career Fair to provide at-risk youth, veterans and others !U1 opportunity to learn about each craft and the process for entering their apprenticeship program. 18,4 Good Faith Efforts. A Contractor 01· subcontrnotor must take the following good faith steps to demonstrate that it ]ms made every effort to reach the Local Hire, Priority Apprenticeship and Workforce Development Progl'am goals of the City, The Contractor or subcontractor shall attend scheduled Pre-Job meetings held tmder this Agreement and shall submit written workforce projections and projected work hotll's 011 a craft-by-craft basis. 18,4.1 Within seven (7) calendat· days afler Notice to Proceed, the Contractor or subcontractor shall meet with the Unions and the City to present its plan for reaching the Local Hire, P1fority Apprenticeship and Workforce Development Program goals.

18.4.2 The Contractor or subcontractor shall notify the Project Manager of the City by U.S. Mail or electronic mail if a Union hiring hall cannot, upon reqllest by the Contractor or Sllbco11tractor, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contmctor or subcontractor to t·etain all evidence of such good faith efforts.

18.4.3 The Contractor or subcontractor may use the "Name Call", "Rehire" or other available hiring hall procedures to reach the goals of this Article XVIII.

18.5 Enforcement, Compliance and Reporting

18.5.1 Contractors will be required to submit Certified Weekly l'ayrnlls to the City along with monthly workforce utilization reports documenting the Contractor's compliance with the requirements clescribed in Ibis Article. At a minimum, the monthly reports must include: 1) data on Stockton and Local Area Residents work hotll' utilization on the Project and Local Aren Residents; and 2) documentation showing any t'equests made to the Union clispatchers for Stockton residents lllld the Union's response to tho request.

18.5.2 The City staff shall .monitor the operntion of the Local Hire, Priority Apprenticeship 1111d Workforce Development Program and shall consider allegations of noncompliance with the goals stated in this Article. If there is a determination by the City that a Contractor or subcontractor has not complied with the goals or demonstrated good faith effotis to l238,0l7jj 17
EXHIBIT D Page 46 to 48 EXHIBIT 2
1138
Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.

18.5,3 For any Project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements of this Article 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.

ARTICLE
X!XIEBM

19. J This Agreement shall become effective 30 days after the day the City Council takes action to authorize its execution, and it shall continue in full force and effect for a period of three (3) yearn, at which time this Agreement may be considered for extension or renew!ll, The.terms of this Agreement shall applyto any Project that isbid or soUcited afl\lr the effective date and before the expiration of this Agreement. The Agreement shall continue to apply to any Project subject to this Agreement until the completion of all Covered Work on the Project,

CITY OF STOCKTON
Name: KURT 0, WILSON
Title: CITY MANAGER
:� Title: tlIIP.I\NliY fi{2 Sl'll'I 'J'O/'l�VJI\} el'C. /

DANIEL CARDOZO
SAN JOAQUJN BUILDING AND CONSTRUCTION TRADES COUNCIL, AFLCIO COUNCIL --------
I
��J( ·--/& ;ne: 5q,,rr.' I( C\,f't.l
• �,z,lr.

Titlo: �e, ,re., t-� / ·n-,�_,
cu,0 re£
32Jll-017jJ fg
Date: 7S / fJ.'j / r • !Ip -"""t
EXHIBIT D Page 47 to 48 EXHIBIT 2
1139
IUNJv[)JNS r/Mi�J.ctJ. duw/k
IEJectrica.l Workers# 595. itb...--- Sheet Metal W Olkers # I 04 oiun<l Uii!.ity/'L _ '3 55
� F G-t-m�(e)L_
l1J3-0l 7jJ 19
Attachment A
arpenters Regional
Council on behalfQfitselfand its
/.

Labory s #73
- -=s: I<�
Toams;tors #439
EXHIBIT D Page 48 to 48 EXHIBIT 2
1140

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, DSS COMPANY dba KNIFE RIVER CONSTRUCTION, 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 MILLION NINE HUNDRED ELEVEN THOUSAND THREE HUNDRED SEVEN AND NO/100 DOLLARS ($1,911,307.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

UNION STREET SEWER REHABILITATION
PROJECT NO. UW21007
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 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 1 1141
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
2 1142
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, DSS COMPANY dba KNIFE RIVER CONSTRUCTION, 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, 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 MILLION NINE HUNDRED ELEVEN THOUSAND THREE HUNDRED SEVEN AND NO/100 DOLLARS ($1,911,307.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

UNION STREET SEWER REHABILITATION
PROJECT NO. UW21007
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 1143
2 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
1144
City of Stockton
Legislation Text
File #: 25-0471, Version: 2
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR THE ON-CALL

PARKS PUMP REPAIRS PROJECT

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

1. Authorize Contract Change Order No. 2 in the amount of $60,000 with Cornerstone Environmental Contractors, Inc. of Concord, CA, for a total contract amount not to exceed $150,000, for the On-Call Parks Pump Repairs, Project No. OM-24-080.

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
On May 15, 2024, Public Works entered into a Service Contract in the amount of $60,000 with Cornerstone Environmental Contractors, Inc. (Cornerstone) of Concord, CA, as authorized by the City Manager, to provide on-call pump repair services to diagnose, repair, and modify well and booster pumps on Airport Way and Michael Avenue, at Laughlin and Sousa Parks, and any unanticipated repairs that will continue through the duration of the contract.

On December 24, 2024, Public Works executed Contract Change Order (CCO) No. 1 with Cornerstone of Concord, CA, in the amount of $30,000, to provide adequate purchasing authority due to additional repairs needed for aging equipment.

It is recommended that Council approve CCO No. 2, in the amount of $60,000, with Cornerstone of Concord, CA, for the On-Call Parks Pump Repairs, Project No. OM-24-080 (Attachment A). The total revised contract amount will be $150,000.

DISCUSSION
Background
The Parks Section of the Public Works Department is responsible for managing irrigation and well pump repairs at City facilities, including, but not limited to, parks, greenbelts, and street landscaped areas. On March 12, 2024, bids were solicitated to 10 vendors. On March 25, 2024, one bid was received from Cornerstone of Concord, CA.

City of Stockton Page 1 of 3 Printed on 5/8/2025
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File #: 25-0471, Version: 2
On May 15, 2024, Public Works entered into a Service Contract in the amount of $60,000 with Cornerstone, as authorized by the City Manager, to provide on-call pump repair services to diagnose, repair, and modify well and booster pumps on Airport Way and Michael Avenue, at Laughlin and Sousa Parks, and any unanticipated repairs that will continue through the duration of the contract.

On December 24, 2024, Public Works executed CCO No. 1 with Cornerstone, in the amount of $30,000, to provide adequate purchasing authority due to additional repairs needed for aging equipment.

On March 27, 2025, a car accident caused damage to the booster pump, backflow, bollards, and underground piping on Airport Way and Michael Avenue. Cornerstone evaluated the damage and provided a quote for the repairs needed to restore the streetscape irrigation along Airport Way.

Present Situation
The Parks Section of the Public Works Department is responsible for managing irrigation and well pump repairs at City facilities, including, but not limited to, parks, greenbelts, and street landscaped areas. On March 12, 2024, bids were solicitated to 10 vendors. On March 25, 2024, one bid was received from Cornerstone of Concord, CA.

Council approval is needed for CCO No. 2 with Cornerstone because the cumulative amount of CCO No. 2 exceeds the administrative change order authority allowed under the existing contract. CCO No. 2 will ensure adequate funding is available for the current known repairs and for any unanticipated repairs that will continue through the duration of the contract.

The revised contract amount, including previously approved CCOs, will be $150,000.

It is recommended that Council approve CCO No. 2, in the amount of $60,000, with Cornerstone for the On-Call Parks Pump Repairs, Project No. OM-24-080 (Attachment A).

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 the internal resources to diagnose and repair wells and booster pumps at City streetscape locations and parks.

2. The City must continue to irrigate parks, greenbelts, and landscaped street areas.

3. This bid was originally solicited as an informal bid, under $100,000 not requiring Council approval. Due to the volume of damages, the contract amount will now exceed $100,000 and requires Council approval.

FINANCIAL SUMMARY
There is sufficient funding in the Public Works Parks General Fund and Landscape Maintenance City of Stockton Page 2 of 3 Printed on 5/8/2025
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File #: 25-0471, Version: 2
District Operating Budgets to approve CCO No. 2 with Cornerstone in the amount of $60,000. With the approval of CCO No. 2, the total revised contract amount with Cornerstone will be $150,000.

Attachment A - CCO No. 2 with Cornerstone
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ATTACHMENT A
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City of Stockton
Legislation Text
File #: 25-0382, Version: 1

ADOPT A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE

FIBER SEGMENT CONSTRUCTION PHASE II PROJECT

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

1. Appropriate funds in the amount of $884,999.79 from the Congestion Mitigation and Air Quality Improvement Program to the Fiber Segment Construction Phase II, Project No.

WT25039/Federal Project No. CMCRPL-5008(216).

2. Appropriate funds in the amount of $114,661.21 from the Public Facilities Fees Air Quality to the Public Facilities Fees Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216).

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

4. Award a Professional Services Contract to Kimley-Horn and Associates, Inc. of Oakland, CA, in the amount of $658,970.24 for professional engineering services for design of the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008 (216).

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 currently leases fiber services for traffic signal communications, monitoring, remote camera feeds, and internet services at key City facilities. The City is actively working to reduce the dependency on leased fiber service by expanding on existing City-owned fiber infrastructure. In 2023, the City completed its Fiber Optic Master Plan (FOMP), envisioning a completely City-owned fiber optic network. The Fiber Segment Construction Phase II project will install fiber trunk line segments 2, 3, and 4, identified in the FOMP. The fiber segments are located in the downtown core and extend on March Lane via Pershing Avenue. In 2024, the City received federal funding for the project from the Congestion Mitigation and Air Quality (CMAQ) Improvement Program. The funding is administered by Caltrans who recently provided authorization to proceed with design.

On January 16, 2025, the City advertised a Request for Proposals (RFP) for professional engineering services for the Fiber Segment Construction Phase II project. On February 20, 2025, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Kimley-Horn and Associates, Inc. of Oakland, CA, to be the most qualified and highest ranked firm.

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File #: 25-0382, Version: 1
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract, in the amount of $658,970.24, with Kimley-Horn and Associates, Inc.

It is also recommended that Council adopt a resolution authorizing the appropriation of funds in the amount of $884,999.79 from the CMAQ federal grant funding and $114,661.21 from the Public Facilities Fees Air Quality to the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216). It is anticipated that design will be completed by winter 2026.

DISCUSSION
Background
The City currently leases fiber service from a utility company to provide interconnected communications of City traffic signals and various facilities. Many of the City’s traffic signals use leased fiber services to communicate with other signals, which also allows staff to monitor and control signals remotely. Interconnected communication of signals also allows programming of signal timing to maximize the efficient flow of traffic. In addition, leased fiber service supports remote camera feeds at signals and designated locations, as well as internet services at key City facilities.

The City is actively working to reduce the dependency on leased fiber service by expanding on existing City-owned fiber infrastructure. In 2023, the City completed its FOMP, envisioning a completely City-owned fiber optic network. In accordance with the FOMP, construction recently began on the Phase I fiber trunkline project located along El Dorado Street with connections to essential downtown City buildings. The Phase I project was funded with American Rescue Plan Act funding and will be completed by summer 2025.

The Fiber Segment Construction Phase II project entails installation of fiber trunk line segments 2, 3, and 4, identified in the FOMP. This project includes the remainder of the downtown core and extends on March Lane via Pershing Avenue. In 2024, the City received federal funding from the CMAQ Improvement Program, in the amount of $5,543,921, for the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216). An 11.4 percent local match in the amount of $603,613 is required. The funding is administered by Caltrans, who recently provided authorization to proceed with design in the total estimated amount of $999,661. Caltrans allocated $884,999.79 in federal funds. The City required local match is $114,661.21. The funding will cover design, administration, and contingency costs of the project.

Present Situation
On January 16, 2025, the City advertised an RFP for professional engineering services for the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216). On February 20, 2025, two proposals were received from the following firms:
· Kimley-Horn and Associates, Inc. (Oakland, CA)
· Advanced Mobility Group (Walnut Creek, CA)
The Selection Committee evaluated and ranked the proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications and technical ability, project approach, local preference, and cost proposal.

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File #: 25-0382, Version: 1
Kimley-Horn and Associates, 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 $658,970.24 with Kimley-Horn and Associates, Inc., which is reasonable for a project of this nature.

The scope of services generally includes, but is not limited to, investigating potential utility conflicts; designing fiber structure and placement; preparation of detailed plans, specifications, and cost estimates; assisting with environmental clearance; and engineering support during construction.

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 expertise or staff resources to produce the project plans, specifications, and estimate, as well as the environmental clearance documents.

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

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

FINANCIAL SUMMARY
With the appropriation of funds, there will be sufficient funding in the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216), to award a Professional Services Contract to Kimley-Horn and Associates, Inc. in the amount of $658,970.24.

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
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ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRIATING FUNDS AND AWARDING A PROFESSIONAL

SERVICES CONTRACT FOR THE FIBER SEGMENT CONSTRUCTION PHASE II PROJECT NO. WT25039/FEDERAL PROJECT NO. CMCRPL-5008(216) On January 16, 2025, the City advertised a Request for Proposals (RFP) for professional engineering services for the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216). Two proposals were received; and
The City is actively working to reduce the dependency on leased fiber service by expanding on existing City-owner fiber infrastructure. In 2023, the City completed its Fiber Optic Master Plan (FOMP), envisioning a completely City-owned fiber optic network; and After review of the proposals, it was determined Kimley-Horn and Associates, Inc. to be the best fit for the project as they had completed both the Fiber Optic Master Plan and the design for fiber segment 1; and
Appropriation of funds in the amount of $884,999.79 from the Congestion Mitigation and Air Quality (CMAQ) Improvement Program federal grant funding and $114,661.21 from the Public Facilities Fees Air Quality to the Fiber Segment Construction Phase II project is needed to install fiber trunk line segments 2, 3, and 4, identified in the FOMP. Staff negotiated a fee in the amount of $658,970.24 with Kimley-Horn and Associates, Inc. for professional engineering services; 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 $884,999.79 from the CMAQ Improvement Program federal grant funding to the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL5008(216).

2. The City Council approves the appropriation of funds in the amount of $114,661.21 from the Public Facilities Fees Air Quality to the Public Facilities Fees Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL5008(216).

3. The City Council awards a Professional Services Contract between the City of Stockton and Kimley-Horn and Associates, Inc. in the amount of $658,970.24, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
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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:
a. The City does not have sufficient expertise or staff resources to produce the project plans, specifications, and estimate, as well as the environmental clearance documents.
b. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest. c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

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 _____May 13, 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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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this ____day of ____2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and KIMLEY-HORN AND ASSOCIATES, INC. whose address is 1300 CLAY STREET, SUITE 900, OAKLAND, CA 94612 (“Consultant”) for the FIBER SEGMENT CONSTRUCTION PHASE II PROJECT NO. WT25039/FEDERAL PROJECT NO. CMCRPL-5008(216), hereinafter referred to as “Project”.

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $658,970.24 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

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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 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 JUNE 30, 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 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

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assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

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The 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, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit F.

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

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential.

Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

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11. TERMINATION. The City may terminate this Contract upon thirty (30) calendar days written notice to Consultant with the reason for termination stated in the notice. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and
employment tax purposes for all of Consultant’s personnel. ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

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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: Kimley-Horn and To City: Public Works Director Associates, Inc. City of Stockton
1300 Clay Street, Suite 900 22 E. Weber Ave., Rm. 301
Oakland, CA 94612 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

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

Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

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21. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. FEDERAL PROVISIONS. Consultant shall comply with the Federal Aid Consultant Contract Provisions which are attached hereto as Exhibit “G” and incorporated herein by this reference.

25. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

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

27. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract. //
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EXHIBIT 1
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City of Stockton  TRCAOAK004596.2025  20

DETAILED WORK PLAN
We have prepared a detailed Work Plan that is based on our detailed understanding of the project and lessons learned from Phase I of the Fiber Segment Construction. This project will involve the installation of new fiber optic infrastructure, traffic signal cabinet improvements and connections to the fiber optic infrastructure installed under Phase I of the overall Stockton Fiber Optic Master Plan.

TASK 1 - BACKGROUND RESEARCH
Background research will include a detailed field review of the project corridor and a review of readily available and relevant project documents and design standards. We will prepare utility information request letters (to be on City letterhead). Based on the utility and City record drawing information, we will conduct field investigations to determine where the above-ground and visible sections of the existing utilities are located.

Task 1.1 - Field Investigations
The Kimley-Horn team (and City staff, if available) will walk the project corridor to identify items that could affect the installation of the fiber optic infrastructure, such as existing streetlights, sidewalk widths, traffic signal cabinets, readily visible above ground utilities, and utility indications (e.g. pull boxes, valve covers, etc), bridges, culverts, or driveways.

Task 1.2 - Utility Coordination
In order to successfully complete the project, it will be necessary to identify all existing facilities within the project area and resolve any conflicts with the project’s proposed improvements. Our team will compile public utility system maps, as-built traffic signal plans, previous design plans, and details for use in project design; and submit utility information request letters to privately-owned utility companies with facilities in the public right-of-way that may be affected by this project. The utility owners listed below have been identified by DigAlert and the Project scope as possibly having facilities present in the project area. Our Team has experience in working with these utilities in accordance with all applicable statutory and regulatory requirements, including: the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (49 CFR Part 24), as amended; the Real Property Acquisition Guidelines (Title 25, California Code of Regulations); and the City’s own policies and procedures.
• AT&T – Distribution
• California Water Services
• CIV Net
• Comcast
• Level 3 / Lumen
• MCI – Worldcom
• Pacific Gas & Electric
• Sprint / Cogent
• Terradex
• TPX Communications
• Utility Telecom Group
We will serve as the City’s primary liaison with utility owners in the vicinity of the proposed improvements and will work with them to identify utility conflicts, coordinate utility plan reviews, conduct necessary coordination meetings, and coordinate with the utility companies for any required utility relocations. This will consist of the preparation of utility letters (Notice to Owner) with project location exhibits. Based on our experience from other City projects, utility requests on City letterhead may allow the City to avoid paying utility coordination fees (payment of fees is not included in the Kimley-Horn team’s scope of services). All affected or potentially affected utilities in the vicinity of proposed work will be shown on the design plans and we will coordinate and plan meetings with the utility owner, the design team, and the City to discuss the project design, the utility conflict, relocations alternatives, and a plan to resolve the conflict. Should potholing be required, it is assumed to be the responsibility of the utility companies.

Task Deliverables
 Utility Facility Maps  Relocation Claim Letters  Notice to Owner Letters Task 1.3 - Topographic Surveys
Our subconsultant, Unico Engineering, will complete Right-of-Way and topographic surveys at various locations prior to the start of the detailed design. The Kimley-Horn team will collect topographic surveys at up to 10 critical downtown locations that will require more detailed field measurements in the vicinity of traffic signal controllers, where proposed conduit and pull boxes could impact existing features. Unico will also complete topographic surveys at up to four intersections along N Pershing Avenue between W March Lane and W Fremont Street. These locations will be identified in coordination with the Client based on field walkthrough and utility research. Survey locations will be determined based on where proposed conduit and pull boxes could potentially significantly impact existing features. The survey information will be used to design new curb ramps and/or sidewalks as needed. Once the collection of topographic surveys is completed, we will review the findings alongside our field visit notes to identify potential conflicts and develop a plan to address them prior to starting detailed design.

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City of Stockton  TRCAOAK004596.2025  21
Survey control will tie into the City’s listed survey monuments. The survey will provide right-of-way and easements based on County records and will be tied to the City’s Horizontal and Vertical System. Kimley-Horn will include language in the PS&E package to preserve all monumentation affected by the work being performed.

The topographic surveys will establish horizontal and vertical control derived from local City of Stockton-approved NAD83, California State Plane Coordinates, and NAVD88 benchmarks. Land Surveying will include mapping research, horizontal and vertical control, boundary and right-of-way surveying. We will coordinate closely with the City to obtain the necessary mapping, documentation, traffic control, and permitting required for this project. Survey monuments will be identified, listed, and shown on construction plans. We will include language in the PS&E package to preserve all monumentation affected by the work being performed.

Kimley-Horn will identify required permits, prepare required permit applications, and assist the City with negotiations relative to permit conditions, if required. It is assumed permit fees will be paid by the City.

Task Deliverables
 Field Notes and Photos
 Copies of Utility Request Letters
 Right-of-Way and Topographic Survey (up to 10
intersection corners)
 List of Required Permits
TASK 2 - ENVIRONMENTAL SERVICES
Task 2.1 - Technical Studies – Draft
Based on the results of the approved Preliminary Environmental Study (PES) prepared by the City, Kimley-Horn will prepare drafts of the following environmental documents:

Task 2.1.1: Initial Site Assessment (ISA) for Hazardous Waste As a subconsultant to Kimley-Horn, Northgate Environmental Management (Northgate) will conduct a Phase I Initial Site Assessment (ISA) for the project. The purpose of the Phase I ISA is to acquire and review information regarding the history of activities on the Project Area and adjacent area in order to evaluate the potential presence of Recognized Environmental Conditions (RECs). The term “Recognized Environmental Conditions” means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

Northgate will prepare a Phase I ISA of the Project Area in accordance with the Preparation Guidelines for Initial Site Assessment Checklist for Hazardous Waste (Appendix DD of the Caltrans Project Development Procedures Manual). The ISA will also be conducted in general accordance with Phase I Environmental Site Assessment guidance: ASTM E-1527-21, Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process and 40 Code of Federal Regulations (CFR) Part 312, Standards and Practices for All Appropriate Inquiry—Final Rule. The Phase I ISA will consist of the tasks described below. These include a historical review, Project Area reconnaissance, regulatory agency review, evaluation, and report preparation.

Historical Review. Relevant information from public documents and other sources will be gathered to chronicle historical land use within the Project Area that might indicate the potential presence of hazardous waste and other hazardous chemical and material storage. Aerial photographs and historical maps, such as Sanborn fire insurance maps, will be reviewed, where available. Potential environmental liens on properties and interviews with owners, tenants, and others familiar with potentially impacted properties within the Project Area will be conducted, as appropriate.

Project Area Reconnaissance. A drive-by reconnaissance including a walk-through of selected portions of the Project Area will be performed. Particular attention will be paid to evidence of past property utilization, chemical use and storage, and dumping. Features that Northgate will look for include soil stains, above- and below-grade tanks, landfills, drums, ponds, distressed vegetation, and other evidence of the possible presence of hazardous waste.

Regulatory Agency Review. A review of regulatory agency databases of known contaminated sites will be conducted to evaluate the regulatory status of the Project Area and identify the location and status of known contaminated sites within the general vicinity. Fiber segments 2-4 within the Project Area will be evaluated as a linear corridor and downtown core with a 0.25-mile buffer. Available information on file at the United States Environmental Protection Agency, California Environmental Protection Agency, California Regional Water Quality Control Board, local environmental health departments, fire departments, building and planning departments, and other local agencies will be evaluated for indications of use, storage, or known or suspected releases of hazardous waste in the Project Area and the surrounding area. Agency files pertaining to reported releases, remedial activities, permits, hazardous waste treatment, storage, and disposal will be reviewed, as appropriate.

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Evaluation. Northgate will evaluate the data gathered during the assessment on hazardous waste and hazardous chemical and material storage, including both regulated sites and potential undocumented contamination. Relevant information will be evaluated, conclusions made, and recommendations prepared in a manner consistent with the ISA Checklist for Hazardous Waste. High risk hazardous waste sites will be identified and discussed. Areas potentially impacted by asbestos containing material (ACM) and aerially deposited lead (ADL) will also be identified, as appropriate. This evaluation will ultimately support the determination of hazardous waste sites that could impact the Project.

Northgate’s findings are generally presented to the client by telephone or meeting, and a decision is jointly made whether to recommend sampling or other evaluations.

Report Preparation. A detailed Phase I ISA report will be prepared that summarizes and documents the methods of the assessment, discusses the assessment findings, and presents conclusions and recommendations. The Phase I ISA will identify the presence of any RECs, including potential environmental concerns related to soil, soil vapor, and shallow groundwater quality that could impact project construction and worker safety. These conclusions will also include any sites identified as Controlled Recognized Environmental Conditions and Historical Recognized Environmental Conditions. A draft of our report will be submitted for client review and comment prior to the final report.

Northgate’s reports are reviewed and signed by a Qualified Environmental Professional.

If the ISA findings suggest that significant contamination may be encountered during Project construction, this information will be provided to the City project manager to support decisions pertaining to the need for any localized soil, soil vapor, or groundwater investigations, and any potential modifications to the Project construction plans and health and safety plans to avoid or minimize impacts. Recommendations related to soil management during construction will also be considered.

Limitations. This scope of work proposed for this ISA is designed to evaluate RECs, the potential for an existing release, past release, or a material threat of a release of hazardous substances into the soil, groundwater, or structures within the Project Area. It should be recognized that some limitations are inherent in the evaluation of subsurface conditions, and certain conditions may not be detected. Thus, this assessment cannot provide a guarantee that all potential contamination will be identified.

Task 2.1.2: Location Hydraulic Study (LHS) and Summary Floodplain Encroachment Report Kimley-Horn will prepare a Location Hydraulic Study for the proposed project based upon published guidance from Caltrans (Standard Environmental Reference Volume 1 – Chapter 17). The project is understood to involve work within a Special Flood Hazard Area (SFHA) designated by FEMA within the City of Stockton; however, it is unclear whether the work required will involve the use of fill (or grading in general) within the SFHA. The flooding is understood to involve two sources:

1. Flooding from San Joaquin River (South of Fremont Street).

2. This task is limited to the development of the required text and narrative information specified by SER Volume 1- Chapter 17, consisting generally of:

1. General location information and geographic references

2. Hydraulic Data (provided by the City based upon above referenced Drainage Master Plan)

3. Floodplain and elevation location based upon the NFHL

4. Traffic information (based upon other prior studies or environmental documents)

5. Evacuation Routes, school, and mail routes (provided by the City)

6. Summary Floodplain Encroachment Report Narrative
The environmental documents will include technical studies, documents, and reports as required to obtain NEPA Clearance. Kimley-Horn will submit the draft environmental documents to Caltrans District 10 Local Assistance for review.

Task Deliverables
 Draft Technical Studies
Task 2.2 - Technical Studies - Final
Upon receiving comments from Caltrans District 10 Local Assistance on the draft documents, Kimley-Horn will address up to two rounds of reasonable, non-conflicting comments and submit the final documents for approval.

Task Deliverables
 Comments Disposition Table  Final Technical Studies

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TASK 3 - PREPARE PS&E DOCUMENTS
Kimley-Horn will prepare and complete the plans, specifications, and estimate (PS&E) documents for the project, which will include construction ready improvement plans, traffic control plans (as necessary), technical specifications, and engineer’s estimate.

Task 3.1 - Base Mapping
Prior to the development of the 65% PS&E documents, our first step will be to set up the intersection and roadway base plans with the new information we have collected (i.e., field work, survey data, etc.) for this project. This effort includes updating utility information based on information received from the City and utility companies. Kimley-Horn will prepare an overall base map showing existing information that will facilitate the design and installation of the project’s improvements in accordance with the City of Stockton Standard Plans and Specifications, the current CA MUTCD (as appropriate), and in compliance with ADA requirements.

Task 3.2 - 65% Design
Once the Base Mapping is complete (Task 3.1), Kimley-Horn will begin the preparation of the 65% design. The 65% design will show the basic design elements. The design will show initial proposed elements such as new conduit routing, fiber-optic cable, pull boxes and splice vaults, traffic signal controller cabinet, and fiber-optic connections.

Kimley-Horn will complete the design in AutoCAD Civil 3D format and will adhere to City design standards and requirements. We will use standard City plan sheet borders, title blocks, and general notes. The anticipated breakdown of sheets for the 65% plans is as follows:
• Cover Sheet
• General Notes
• Cable Routing Diagram
• Fiber Interconnect Plans [35 sheets]
• Standard Details [3 sheets]
Kimley-Horn will prepare the 65% plans, specifications, and estimate package. The plans will include electrical details, communications network layout, new equipment locations, conduit/cable routing, fiber splicing, cabinet modifications, and end equipment integration.

The 65% specifications will be a full draft with initial boilerplate language and all anticipated project elements and requirements including the bid list and bid item descriptions. The 65% cost estimate will consist of a complete bid list and quantities at the current design stage and will include a contingency as well as possible alternate bid items that may need to be considered based on the City’s construction budget.

It is assumed that the Project will not need new PG&E service points or Caltrans Encroachment Permits. Preparation and/or submission of PG&E service applications or Caltrans Encroachment Permit applications shall be considered as additional services.

At this stage in the design, Kimley-Horn is proposing to research commercially available fiber asset management tools that would serve to document and track the City-owned fiber optic infrastructure and fiber assignments. Kimley-Horn will present the results for the City’s consideration to implement as part of the overall City Fiber Network Program.

Task Deliverables
 65% Design Plans (6 hardcopies and electronic PDF)
 65% Technical Specifications (6 hardcopies and electronic PDF)  65% Engineers Estimate of Probable Construction Cost (6 hardcopies and electronic PDF)  Brief Technical Memorandum on Fiber Asset Management Tools Task 3.3 - 90% Design
Following City review of the 65% PS&E package, we will produce a 90% PS&E package. This set will resolve and incorporate comments received on the 65% PS&E review and include additional 90% design details. It is assumed that comments will be in the form of redlines on the documents.

Kimley-Horn will provide responses to the redlines and submit these marked up drawings and sheets with the 90% submittal package.

Task Deliverables
 65% Redlined Markups with Responses
 90% Design Plans (6 hardcopies and electronic PDF)
 90% Technical Specifications (6 hardcopies and electronic PDF)  90% Engineers Estimate of Probable Construction Cost (6 hardcopies and electronic PDF)

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Task 3.4 - 100% Design (check print)
Upon completion of the 90% design review, Kimley-Horn will organize a design review meeting to discuss comments. It is assumed that comments will be in the form of redlines on the documents. Kimley-Horn will provide responses to the redlines and submit these marked up drawings and sheets with the 100% check print submittal package. Based on the review comments on 90% PS&E, the approved version of the 90% PS&E will be advanced to the 100% check print completion level. Kimley-Horn will submit the draft 100% PS&E to the City for a final plan check review.

Kimley-Horn assumes that public outreach for this project will be conducted by the City. Kimley-Horn anticipates that the City will utilize 95% Plans as an exhibit uploaded to City’s on-line comment system. The City will review public comments and summarize into a consolidated set of non-conflicting comments to be addressed in the 100% Design. Comments are expected to be minor in nature; substantial redesign at this stage will be considered as additional services.

Task Deliverables
 90% Redlined Markups with Responses
 100% Checkprint (electronic PDF)
 100% Technical Specifications (6 hardcopies and electronic PDF)  100% Engineers Estimate of Probable Construction Cost (6 hardcopies and electronic PDF)
Task 3.5 - 100% Design (Construction Ready PS&E Documents) The Final PS&E will be prepared following completion of the City’s plan check review. The final, full-sized (24” x 36”) hard copy (mylar) plans will be wet-signed by the professional engineer in responsible charge. The Final PS&E will be submitted to the City for use in advertising and constructing the project. One digital file of each of the plans, specifications, and estimate will be submitted to the City for record.

Task Deliverables
 Final Bid-Ready PS&E (6 hard copies and electronic PDF)  100% Checkprint Redlined Markups with Responses
 Final Check Print Prior to Plotting Mylars
 Final mylar plan set (24-inch x 36-inch) stamped and signed, final signed cost estimate, and final signed technical specifications  AutoCAD Format Drawing Files
Task 3.6 - Prepare Right of Way Certification
Kimley-Horn will prepare the Right-of-Way Certification package for the City to submit to the Caltrans District Local Assistance Engineer’s office for review. The NEPA clearance documents will be submitted with the Right-of-Way Certification package and will be prepared and submitted with 90% PS&E submittal.

Task Deliverables
 Right-of-Way Certification package – Draft Submittal to City (electronic PDF) Task 3.7 - Prepare Request for Authorization (RFA) Package Kimley-Horn will prepare a Request for Authorization (RFA) package for the City to submit to the Caltrans District Local Assistance Engineer’s office for construction authorization. The RFA package will include required forms and documents.

Task Deliverables
 Request for Authorization Package – Submittal to City (electronic PDF) Task 4 - COORDINATION/MEETINGS
Task 4.1 - Coordination/Meetings/Schedules
For this task, the coordination and meeting activities will include the following:
• Attend the project kick-off meeting, a pre-construction meeting, and a post-construction meeting • Arrange and attend conference calls and field meetings with the City to discuss and present the proposed designs and review design plan comments (up to four meetings – one for each design submittal – and up to two field visits) • Prepare the base project schedule and provide monthly updates during the PS&E stage (using Microsoft Project) • Attend up to four meetings for the submittal of plans and grant compliance documents in addition to those described above, and to coordinate utility service and adjustments. Any necessary modifications to the final design requested by the utility company will be provided upon written authorization from the City and for an additional fee to be agreed upon prior to starting work The project schedule will show the tasks, duration, milestones, assignments, critical paths, successors, predecessors, and other relevant data.

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SCHEDULE
Kimley-Horn has provided a preliminary schedule based on the information provided in the RFP. The schedule assumes a May 2025 award, as stipulated in the RFP, and that the PS&E documents would be completed (with receipt of the E-76 for Construction) by November 2025. Our construction estimate assumes that the project would be complete by beginning of 2027.

ID Task Name Duration Start Finish
1 Notice to Proceed (Assumed) 0 days Mon 5/19/25 Mon 5/19/25 2 Kickoff Meeting 0 days Wed 5/21/25 Wed 5/21/25
3 TASK 1 - BACKGROUND RESEARCH 95 days Mon 5/19/25 Fri 9/26/25 4 Task 1.1 - Field Investigations 10 days Wed 5/21/25 Tue 6/3/25 5 Task 1.2 - Utility Coordination 93 days Wed 5/21/25 Fri 9/26/25 6 Prepare Project Limits Exhibit 5 days Wed 5/28/25 Tue 6/3/25 7 Utility Information (Utility Request Letters) 3 days Wed 6/4/25 Fri 6/6/25 8 Utility A Letters (Preliminary Design) 3 days Wed 5/21/25 Fri 5/23/25 9 Utility B Letters (65% Design) 3 days Wed 7/9/25 Fri 7/11/25 10 Utility C Letters (100% Design) 3 days Wed 9/24/25 Fri 9/26/25 11 Task 1.3 - Topographic Surveys (As Needed) 40 days Mon 5/19/25 Fri 7/11/25 13 TASK 2 - ENVIRONMENTAL SERVICES 70 days Wed 5/21/25 Tue 8/26/25 14 Technical Studies - Draft 30 days Wed 5/21/25 Tue 7/1/25 18 Caltrans Review 20 days Wed 7/2/25 Tue 7/29/25
19 Technical Studies - Final 10 days Wed 7/30/25 Tue 8/12/25 20 NEPA Clearance 0 days Tue 8/26/25 Tue 8/26/25
21 TASK 3 - PREPARE PS&E DOCUMENTS 125 days Wed 5/21/25 Tue 11/11/25 22 Task 3.1 - Base Mapping 10 days Wed 5/21/25 Tue 6/3/25 23 Task 3.2 - 65% PS&E 25 days Wed 6/4/25 Tue 7/8/25
24 City Review 15 days Wed 7/9/25 Tue 7/29/25
25 Task 3.3 - 90% PS&E 25 days Wed 7/30/25 Tue 9/2/25
26 City Review 15 days Wed 9/3/25 Tue 9/23/25
27 Task 3.4 - 100% Design (check print) 10 days Wed 9/24/25 Tue 10/7/25 28 City Review 5 days Wed 10/8/25 Tue 10/14/25
29 Task 3.5 - 100% Design (Construction Ready) 10 days Wed 10/15/25 Tue 10/28/25 30 Right of Way Certification 5 days Wed 9/3/25 Tue 9/9/25 31 City Review of Right of Way Certification 5 days Wed 9/10/25 Tue 9/16/25 32 Request for Authorization (RFA) Package 7 days Wed 9/17/25 Thu 9/25/25 33 City Review of RFA Package 5 days Fri 9/26/25 Thu 10/2/25 34 RFA Submittal to Caltrans Local Assistance 3 days Fri 10/3/25 Tue 10/7/25 35 Caltrans RFA review (E-76 for Construction) 25 days Wed 10/8/25 Tue 11/11/25 36 Receive E-76 for Construction 0 days Tue 11/11/25 Tue 11/11/25 37 Task 4 - COORDINATION/MEETINGS 136 days Wed 5/21/25 Wed 11/26/25 38 Coordination/Meetings/Schedules 136 days Wed 5/21/25 Wed 11/26/25 39 TASK 5 - BID & CONSTRUCTION SUPPORT 290 days Wed 11/26/25 Tue 1/5/27 40 Bid Support (Project Advertisement) 25 days Wed 11/26/25 Tue 12/30/25 41 Construction Contract Award 0 days Tue 3/24/26 Tue 3/24/26 42 Construction Start (anticipated) 0 days Tue 6/16/26 Tue 6/16/26 43 Construction (assumed duration) 140 days Wed 6/24/26 Tue 1/5/27 44 TASK 6 - RECORD DRAWINGS 5 days Wed 1/6/27 Tue 1/12/27 Notice to Proceed (Assumed)
Kickoff Meeting
Utility B Letters (65% Design)
Utility C Letters (100% Design)
NEPA Clearance
Task 3.1 - Base Mapping
Task 3.2 - 65% PS&E
Task 3.3 - 90% PS&E
Task 3.4 - 100% Design (check print)
Task 3.5 - 100% Design (Construction Ready)
Right of Way Certification
Request for Authorization (RFA) Package
RFA Submittal to Caltrans Local Assistance
Receive E-76 for Construction
Bid Support (Project Advertisement)
Construction Contract Award
Construction Start (anticipated)
Construction (assumed duration)
May '25 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Dec '26 Jan '27 Feb '27 Updated: 5/30/2023

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Insurance Requirements
(Fiber Segment Construction Phase II - Project No. WT25039) 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 $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

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

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

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

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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.

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

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

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

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

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

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

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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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Federal-Aid Consultant Contract Provisions

FIBER SEGMENT CONSTRUCTION PHASE II
City Project No. WT25039/Federal-Aid Project No. CMCRPL-5008(216)

TABLE OF CONTENTS
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ARTICLE I INTRODUCTION.................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS..................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS........................................................................... 6 ARTICLE VI TERMINATION................................................................................................................ 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 12 ARTICLE X SUBCONTRACTING........................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES............................. 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................. 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION........................ 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................. 22 ARTICLE XIX INSURANCE................................................................................................................. 28 ARTICLE XX FUNDING REQUIREMENTS.......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 29

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ARTICLE XXII CONTINGENT FEE...................................................................................................... 29 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 30 ARTICLE XXV SAFETY ...................................................................................................................... 30 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA.................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT............................................................................... 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXII TITLE VI ASSURANCES........................................................................................... 33 ARTICLE XXXIII NOTIFICATION......................................................................................................... 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES........................................................................................................... 39 Additional California Department of Transportation (Caltrans) Exhibits Incorporated:

Exhibit 10-O2 “Consultant Contract Disadvantaged Business Enterprise Commitment”

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ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

KIMLEY-HORN AND ASSOCIATES, INC.

Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be:
____________________
The name of the “LOCAL AGENCY” is as follows:

CITY OF STOCKTON
The Contract Administrator for LOCAL AGENCY will be JEFFREY AUBE B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated _02/20/25_. The approved CONSULTANT’s Cost Proposal is attached hereto Exhibit B and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
See Exhibit A, Scope of Services of the Professional Services Contract.

B. Right of Way
See Exhibit A, Scope of Services of the Professional Services Contract.

C. Surveys
See Exhibit A, Scope of Services of the Professional Services Contract.

D. Subsurface Investigations
See Exhibit A, Scope of Services of the Professional Services Contract.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by

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CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.

H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on ____________, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2027, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

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B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $658,970.24. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $658,970.24.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

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E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or

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Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the

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LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any

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Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and

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veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

C. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

D. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

E. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

F. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

G. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

H. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated

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therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

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B. The goal for DBE participation for this AGREEMENT is__17 %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

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4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.

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b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)

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If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations

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and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

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I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: No later than the 10th of the month following the month of any payment(s), the CONSULTANT must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the LOCAL AGENCY administering the contract.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
See Section 3 of the Professional Services Contract.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

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ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and CHAD REED, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the

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construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract

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administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract

ARTICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract

ARTICLE XXXIV CONTRACT
Refer to the Professional Services Contract

ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract

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City of Stockton
Legislation Text
File #: 25-0233, Version: 1
APPROVE MOTION TO AUTHORIZE AMENDMENT NO. 1 TO THE DARK FIBER LICENSING

AGREEMENT WITH AT&T CALIFORNIA

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

1. Authorize the City Manager to execute Amendment No. 1 to the Dark Fiber Licensing Agreement between the City of Stockton and Pacific Bell Telephone Company dba AT&T California.

2. Authorize the City Manager to execute all documents, including, but not limited to, modifications and amendments to the Dark Fiber Licensing Agreement.

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
On June 19, 2018, by Motion No. 2018-06-19-1121, Council authorized a Dark Fiber Licensing Agreement between the City of Stockton and Pacific Bell Telephone Company dba AT&T California (AT&T) (Attachment A). The fiber network establishes communication to the City’s traffic signals and provides internet connections to the Municipal Utilities Department (MUD), Public Works Operations and Maintenance (O&M), City Hall, Main Police Department, and Fire Station No. 2. The fiber network infrastructure is owned by AT&T and leased to the City for use. The current agreement will expire on July 1, 2025, and an amendment to extend the term of the service is essential to provide continued fiber communications to signals, cameras, and internet services to MUD, O&M, City Hall, Main Police Department, and Fire Station No. 2.

AT&T and the City have negotiated an amendment to the existing agreement at a monthly license fee of $38,100. This is a reduction from the previous contract amount of $42,000 per month. The amendment will allow the City to continue to use the existing AT&T dedicated fiber optic service for an additional five-year term plus two optional one-year extensions for a total of seven years. Staff assessed alternative technologies and market rates for dedicated fiber and determined that extending the existing agreement as negotiated is the best option and the price is reasonable.

It is recommended that Council authorize the City Manager to execute Amendment No. 1 to the Dark Fiber Licensing Agreement with AT&T (Attachment B).

City of Stockton Page 1 of 3 Printed on 5/8/2025
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File #: 25-0233, Version: 1

DISCUSSION
Background
In November 1994, the Citywide Traffic Signal System Upgrade Master Plan was approved by Council. The major goal of this master plan was to create a Stockton Traffic Management System (STMS) for the City that could be used to improve traffic flow through improved traffic congestion management. The STMS is comprised of City traffic signals, a central traffic control computer and communication software, traffic monitoring cameras, and a fiber optic network serving as the communication backbone for the system. The fiber optic network would also provide communication links to transmit full motion real time video for use by the Police Department for surveillance and enable the Information Technology Department to provide internet and communications to MUD, O&M, City Hall, Main Police Department, and Fire Station No. 2.

On September 11, 1995, Council adopted Resolution No. 95-0450 authorizing the execution of an agreement with AT&T for the installation of the first phase of a Citywide fiber optic network to link City Hall, approximately 250 traffic signals, and three remote sites at Caltrans District 10, San Joaquin County, and MUD. All in all, Council subsequently authorized a total of seven contract amendments with AT&T that facilitated the completion of seven phases of fiber network installation that was completed in March 2003. Once the fiber network installation was completed for all phases, a 15- year license and maintenance agreement period began with a set expiration date of March 2018.

On June 19, 2018, Council approved Motion No. 2018-06-19-1121 authorizing a new seven-year Dark Fiber Licensing Agreement with AT&T. The monthly licensing fee for service and maintenance was $42,000. This included 560 dark fiber segments at a rate of $75 per segment. This license agreement is set to expire on July 1, 2025 (Attachment A).

In 2023, the City completed its Fiber Optic Master Plan (FOMP) The FOMP sets the framework of City-owned fiber that will reduce the dependency on leased fiber service and maintenance agreements with AT&T. As the City moves to implement segments of the FOMP, AT&T will remove those City-owned segments from AT&T’s service and maintenance contract. The City has progressed with installation of City-owned fiber segments per the FOMP, which has reduced the total AT&T fiber service segments from 560 to 508.

Present Situation
The current agreement will expire on July 1, 2025, and an amendment to extend the term of the service is essential to provide continued fiber communications to signals, cameras, and internet services to MUD, O&M, City Hall, Main Police Department, and Fire Station No. 2. AT&T and the City have negotiated an amendment to the existing agreement at a monthly license fee of $38,100. This is a reduction from the previous contract amount of $42,000 per month. The amendment will allow the City to continue to use the existing AT&T dedicated fiber optic service for an additional five-year term plus two optional one-year extensions for a total of seven years. Staff assessed alternative technologies and market rates for dedicated fiber and determined that extending the existing agreement as negotiated is the best option and the price is reasonable.

City of Stockton Page 2 of 3 Printed on 5/8/2025
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File #: 25-0233, Version: 1
The important terms of the contract are as follows:
· The City’s monthly fiber service charge is $38,100 per month. · The City’s monthly fiber service was reduced by $3,900 per month from the previous agreement.
· AT&T will calculate fiber service charges based on $75 per segment inclusive of maintenance. · AT&T is responsible for all maintenance and repair costs. · The City is responsible for fiber service interruptions not caused by AT&T. · AT&T will remit monthly billings for Fiber Service beginning July 1, 2025. · The City can add or terminate fiber network segments as needed. · AT&T will adjust service as the City-owned fiber infrastructure expands.

Amendment No. 1 with AT&T will allow the continuation of the existing fiber network service while the City continues to build out City-owned fiber infrastructure per the FOMP. The full build out the FOMP is anticipated to take many years and is dependent on the availability of funding. Staff believes that competitive grant sources are available as fiber infrastructure touches on many trending transportation grants in the area of sustainability, smart city, or congestion management. Staff anticipates that additional contract amendments with AT&T will be needed in the future, but with reduced service.

It is recommended that Council authorize the City Manager to execute Amendment No. 1 to the Dark Fiber Licensing Agreement with AT&T (Attachment B).

FINANCIAL SUMMARY
The annual cost of this agreement is $457,200. The contracted costs will be split between the Police Department (57%), the Public Works Department (34%), and MUD (9%), as these departments are the primary users of the fiber optic networks. The Public Works Department has reciprocal agreements with the County and Caltrans to allow access to traffic monitoring systems, and their use of the network is minimal. The following cost allocations are based on current use of the network and the cost of providing service via other means and are subject to change. Sufficient funding is available in the Fiscal Year 2025-26 Adopted Budget for this contract as follows:

Department Funding Source Amount
Police Dept 3519-320-640005-100-000-20-35-000-000- $ 260,604 Public Works 4510-702-630006-240-242-30-45-000-000- $ 155,448 MUD 6513-000-640005-610-000-00-65-000-000- $ 41,148
Total $ 457,200
Future funding for the contract will be allocated during the annual budget process.

Attachment A - Original Dark Fiber Licensing Agreement with AT&T California Attachment B - Amendment No. 1 to the Dark Fiber Licensing Agreement with AT&T California City of Stockton Page 3 of 3 Printed on 5/8/2025
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Licensed Fibers
AMENDMENT No. 1 and STATEMENT OF WORK No. 1
508 Fiber Licensed Segments for the City of Stockton
This Amendment No. 1 and Statement of Work No. 1 (“SOW Amendment”) is entered into between AT&T (as identified below) and City of Stockton, California (“City of Stockton” or “Customer”), as of the date of the last signature below (the “SOW Amendment Effective Date”) and incorporates the terms and provisions set forth in the Master Dark Fiber License Agreement between AT&T Services, Inc. and City of Stockton dated June 28, 2018, (the “Agreement”) and the terms and conditions set forth in Statement of Work No. 1 dated July 1, 2025 ("SOW No.1”). This SOW Amendment contains revisions to removal of Segments and renewal of Segments provided under Schedule 1 of SOW No. 1 as set forth below. In the event of any conflict or inconsistency between the terms of the Agreement, or those set forth in SOW No. 1, and this SOW Amendment, the terms of this SOW Amendment shall prevail only insofar as concerns the subject matter of this SOW Amendment. Capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. The following is an Amendment to the Agreement dated July 1, 2025, and last signed June 6, 2018. Unless stated below, all other terms, conditions, and pricing are unchanged.

Recitals
WHEREAS, AT&T and The City of Stockton into SOW No. 1 and AT&T and USCC desire to amend SOW No. 1, as set forth herein.

NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Segments in Table 1 of Attachment No.1 of Schedule 1 to SOW No. 1 are deleted in its entirety and an amended and restated Site, as set forth in Attachment 1 Table 2(attached hereto).

2. Except as set forth in this Amendment No. 1, SOW NO. 1 and the Agreement remain in full force and effect. Capitalized terms not defined in this Amendment No. 1 shall have the meaning ascribed to them in SOW NO. 1 or the Agreement, as applicable. In the event of a conflict between this Amendment No. 1, SOW NO. 1, and/or the Agreement, this Amendment No. 1 shall control insofar as pertains to the subject

3. Monthly License Charges for Each Dark Fiber Segment. As compensation for licensing each Dark Fiber Segment for the Authorized Use, Licensee agrees to pay a monthly license charge (“Monthly Recurring Charge” or “MRC”) set forth in Table A each month for each of the Dark Fiber Segments listed in Exhibit

1. The MRC begins to apply to each Dark Fiber Segment on the Billing Commencement Date.

4. Article 2.3 of the Master Agreement titled “Extension After End of Agreement Term” is hereby amended to include the following language:

At the end of the Second Extension Period, Licensee elects to a sixty (60) month term (“Third Extension Period”). At the end of this 60-month Third Extension Period, Licensee may again extend the term of this Agreement by 12 months upon 60-days written notice, at the same prices, terms, and conditions contained herein (“Fourth Extension Period”). At the end of this 12-month Fourth Extension Period, Licensee may again extend the term of this Agreement by 12 months upon 60-days written notice, at the same prices, terms, and conditions contained herein. (“Fifth Extension Period”).

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

5. Exhibit A added to update Performance Agreement from the Master Agreement

6. Exhibit B added to update Other Performance Failures from the Master Agreement

7. Exhibit C added to update Termination Fees, Interruption Reporting and Fiber Restoration/Repair

8. AT&T shall cooperate in the review of billings to the City for fiber service that may not be accurate with service or activated segments. The review shall be scheduled at a mutually agreed-upon time by both parties. Reimbursements or credits to the City shall be processed upon a proper accounting, investigation, and verification
IN WITNESS WHEREOF, the Parties hereto have executed this SOW Amendment on the day and year below written, but effective as of the SOW Amendment Effective Date.

The City of Stockton, California
(by its authorized representative)
Pacific Bell Telephone Co., Inc. (“AT&T”)
(by its authorized representative)
By: By:

Name: Name:

Title:

Title:

Date: Date:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Exhibit 1
Table A
Billing Commencement Date July 1, 2025
Monthly Recurring Charges per
Dark Fiber Segment
$75.00
Total Number of Dark Fiber
Segments
508
Total Monthly Recurring Charges $38,100

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Attachment 1
Amended and Segment Site List of SCHEDULE 1 to SOW No. 1 Table 1: Disconnected Dark Fiber Segment List

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Table 2: Dark Fiber Site Location Details by Segment

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

ATTACHMENT B
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This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Exhibit A

PERFORMANCE AGREEMENT
This Exhibit A applies to all Licensed Fiber or Licensed Pairs present in an SOW.

1. INTERRUPTION CREDITS AND OTHER REMEDIES
Subject to the exclusions set forth in this Section 2, if a Licensed Pair has an Interruption (defined in Section 2.9 of the Agreement and further described in this Exhibit A), AT&T shall provide Customer with Service Level Credit(s) as set forth in this Exhibit A.

An Interruption (as defined in Section 2.9 of the Agreement) occurs when a Licensed Pair becomes unusable to Licensee because of a failure of a facility component of such Licensed Pair, and such lack of usability is not attributable to an exclusion set forth in this Section 2 of this Exhibit A. To be an Interruption, Licensee must experience a complete loss of use of both of the fibers in a Licensed Pair. An Interruption period starts when an inoperative Licensed Pair is reported to AT&T and ends when the Licensed Pair is returned to Licensee’s use.

Interruptions will be measured according to the creation and closing of a relevant ReportingTrouble. A trouble ticket shall commence at the time Customer calls or emails supplier and end at the time both parties confirm the Interruption is resolved.

The credit allowance for an Interruption or for a series of Interruptions shall be calculated based on the applicable MRCs for the Licensed Pairs which were Interrupted.

Licensee shall be credited for an Interruption of 8 hours or greater are as set forth in the Table below:

Interruption Trouble Ticket Credits due to Customer
Less than 8 hours $0
At least 8 hours but less than 24 hours 25% of the Licensed Pair MRC At least 24 hours but less than 48 hours 50% of the Licensed Pair MRC At least 48 hours but less than 72 hours 75% of the Licensed Pair MRC 72 hours or greater 100% of the Licensed Pair MRC
All Interruption Credits shall be capped, for any billing period, at 100% of the applicable monthly MRCs for the affected Licensed Pair.

All Interruption Credits shall be applied to the billing subaccount(s) of the impacted Licensed Fiber. All requests for credit must be submitted to AT&T by Licensee within ninety (90) days after the end time date for the trouble ticket that was created for the Interruption. Such credits due to Customer as set forth in this Exhibit shall be credited to Customer within two (2) billing cycles.

All Interruption Credits shall be deemed Licensee’s sole remedy for Interruptions, and not a penalty. All Interruption Credits shall be credited to Customer in Accordance with this Exhibit A.

The Interruption provisions, measurements, and eligibility for Interruptions Credits shall exclude conditions wherein performance was adversely affected by any of the following conditions:
(1) Force Majeure;
(2) Failures of any structures, facilities, services, or equipment provided by Licensee or its Affiliates, or any employee, contractor, or third party acting on their behalf;
(3) Interruptions caused by acts or omissions of Licensee, its Affiliates, or any employee, contractor, or any third party acting on their behalf. (4) Interruptions of a service during any period in which Licensee elects not to release a Licensed Pair for testing and/or repair or AT&T is not afforded Access to the A Location or the Z Location where the affected Licensed Pair is terminated. (5) Periods negotiated by AT&T and Licensee for the release of a Fiber Pair for (1) maintenance purposes, (2) to make rearrangements, or (3) to implement an order for a change in the Fiber Pair.
(6) Failures of any structures, facilities, services, or equipment on Licensee’s side of either demarcation point.

ATTACHMENT B
1245
This contract is VOID if AT&T has not received a signed original from CUSTOMER by 7/01/2025 unless it is accepted after that date by AT&T, as reflected by its execution after CUSTOMER has executed. This document is not binding until executed by both AT&T and CUSTOMER.

AT&T and Customer Confidential Information
02/13/2025 12:00 PM DOC ID:

Exhibit B

OTHER PERFORMANCE FAILURES

Chronic Failure of Licensed Pair.

In the event that a Licensed Pair experiences four (4) or more Interruptions – with each Interruption lasting longer than two (2) hours with the same root cause - in any consecutive three (3) month period (“Chronic Failure”), Licensee may terminate the license for the affected Licensed Pair without any charge or liability whatsoever arising from such termination. Any termination of a Licensed Pair by Licensee due to Chronic Failure must be exercised by written notice to AT&T provided within sixty (60) days after the occurrence of the last Interruption of the Chronic Failure. Such written notice must specify an effective date of termination for the affected license, which date is not more than 120 days after such written notice. If no other Licensed Pair remains under the associated SOW, the SOW for the affected Licensed Pair shall also terminate simultaneously with the termination of the license for the affected Licensed Pair.

Exhibit C

1. Termination Fees. If Licensee elects to terminate additional licenses for Dark Fiber Segments identified in Exhibit A for any reason prior to the expiration of the Agreement or the then-current First or Second Extension Periods, other than as a remedy to an uncured material breach by AT&T, Licensee shall notify AT&T’s representative in writing of segment termination. AT&T shall confirm in writing that the segment has been terminated.

There will be no early termination fees and no recurring charges following segment termination.

2. Interruption Reporting. Licensee will report all Interruptions to the Maintenance Supervisor [insert contact information]. When reporting Interruptions, Licensee AT&T will perform testing to isolate any fault/continuity loss to the AT&T side of the demarcation point prior to notifying AT&T and / or requesting a dispatch of technical support personnel to the applicable site location.

3. Fiber Restoration / Repair. Upon notification by Licensee to AT&T of an Interruption, AT&T and Licensee shall cooperate to Investigate such Interruption, and AT&T shall use commercially reasonable efforts to correct or repair the Interruption. AT&T shall provide expedited responses to critical connections to City facilities including the Fire Department, Municipal Utilities Department, and City Yard.

Performance Obligations
AT&T shall perform routine and preventative maintenance of the Licensed Fibers, including the following:
i. AT&T and Licensee will utilize the contact information as set forth below [insert contact information] for any coordination needed when performing maintenance of the Licensed Fibers;
ii. AT&T shall establish membership in the local Call Before Your Dig (“CBYD”) program and perform all cable and conduit locate activities required to protect the Licensed Fibers;
iii. AT&T shall be responsible for timely fiber restoration for fiber cuts of Licensed Fibers; iv. If a scheduled maintenance activity is canceled or delayed, the scheduling Party shall inform the other Party so that the maintenance activity may be rescheduled.

ATTACHMENT B
1246
City of Stockton
Legislation Text
File #: 25-0282, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE LED STREET LIGHTS CONVERSION, PHASES 7 AND 8 PROJECT

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

1. Approve Notice of Exemption No. NOE 06-25 under the California Environmental Quality Act for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

2. Approve the plans and specifications for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

3. Award a Construction Contract in the amount of $604,125 to Bear Electrical Solutions, LLC of Alviso, CA, for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

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 project will convert the final phases of the City’s high-pressure sodium (HPS) residential street light inventory to light-emitting diode (LED) luminaires. HPS lights use substantially more energy and converting to LED luminaires will lower ongoing operating costs.

The LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017, will include converting 1,785 HPS residential streetlights primarily north of Hammer Lane to LED (Attachment A). Public Works estimates annual energy savings of approximately $104,500 from the Phases 7 and 8 conversions. The project is included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On February 20, 2025, the City received four bids for this project. Star Energy Management, Inc., the lowest bidder, did not possess the required valid Class-A license at the time of the bid. After a thorough review, Public Works, in coordination with the City Attorney’s Office, determined the bid non -responsive.

It is recommended that Council award a Construction Contract to the second lowest responsive bidder, Bear Electrical Solutions, LLC, in the amount of $604,125. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE 06-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

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File #: 25-0282, Version: 1
Construction is anticipated to begin in summer 2025 and be completed by fall 2025, weather permitting.

DISCUSSION
Background
The City is responsible for operating and maintaining approximately 19,800 streetlights. The majority of these streetlights utilized HPS as a light source, which was the most efficient light source available. Recent improvements to LED technology have increased efficiency and reduced initial product costs, and LED streetlights are the new preferred light source. LED streetlights use less energy and have a longer luminaire lifetime than HPS, which reduces ongoing costs for electricity and general maintenance. Staff recognized the potential savings to be achieved by converting the City’s streetlight inventory and developing a plan for incremental conversions, starting with the higher wattage HPS streetlights located on arterial roads. Conversion of these lights generates the most significant reduction in electrical consumption with an average of 60 percent, which yields the greatest financial and carbon footprint impact.

Council previously authorized the LED Street Lights Conversion, Phases 1, 2, 3, and 5 projects, which provided the conversion of 4,100 (200-watts), 1,600 (150-watts), and 7,800 (100-watts) street light fixtures. Phase 4 of the project was canceled, and the funding was allocated to the Street Lights LED Replacement, Project No. WD19017, to replace failing LED lights with new LED fixtures supplied by the manufacturer. Phase 6 of the project converted 1,500 HPS streetlights north of the Calaveras River. The number of street light fixtures converted depended on the amount of funding available. Prior phases have provided for the conversion of all residential streetlights south of the Calaveras River, plus all streetlights located along arterial and collector roadways Citywide.

The LED Street Lights Conversion, Phases 7 and 8, project will include converting 1,785 HPS residential streetlights primarily north of Hammer Lane to LED (Attachment A). Phases 7 and 8 are the final phases of the project, completing all HPS streetlights.

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 January 29, 2025, the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017, was advertised for bids. On February 20, 2025, four bids were received with the following results:

COMPANY NAME BID AMOUNT
Star Energy Management, Inc. (Oroville, CA) $584,270
Bear Electrical Solutions, LLC (Alviso, CA) $604,125
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File #: 25-0282, Version: 1
St. Francis Electric, LLC (San Leandro, CA) $735,494
Tennyson Electric, Inc. (Livermore, CA) $864,750
Engineer’s Estimate $764,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

Star Energy Management, Inc., the lowest bidder, did not possess the required valid Class-A license at the time of the bid. Public Works, in coordination with the City Attorney’s Office, determined that Star Energy Management, Inc.’s failure to comply with the Special Provisions and the California Business and Professional Code section 7028.1(c) resulted in a non-responsive bid.

The bid from Bear Electrical Solutions, LLC, the second lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA, in the amount of $604,125 for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a categorical exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE06-25 under CEQA.

Construction is anticipated to begin in summer 2025 and be completed by fall 2025, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding in the LED Street Lights Conversion, Phases 7 and 8, Project No.

WD24017, to award a Construction Contract to Bear Electrical Solutions, LLC in the amount of $604,125.

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
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EIGHT MILE RD

PERSHING AV

EIGHT MILE RD

DAVIS RD

THORNTON RD

EL DORADO ST

WEST LN

PACIFIC AV

MARCH LN

ALPINE AV

CHEROKEE RD

AIRPORT WY

CENTER ST

LOWER SACRAMENTO RD

WILSON WY

PACIFIC AV

DR MLK JR BL

HOLMAN RD

HOLMAN RD

TRINITY P K

WEST LN

MORADA LN THORNTON RD

HAMMER LN HAMMER LN PERSHING AV
BENJ.HOLT DR

MARCH LN

HARDING WY

WEST LN

WATERLOO RD

WILSON WY

NAVY DR

FREMONT ST

MARCH LN

EL DORADO ST

CHARTER WY
µ
0 0.3 0.6 1.2 1.8 2.4
Miles
LEGEND
Project Locations
LED STREET LIGHTS CONVERSION, PHASES 7 AND 8,
PROJECT NO. WD24017

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
1250
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 06-25,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LED STREET LIGHTS CONVERSION, PHASES 7 AND 8, PROJECT NO. WD24017
On February 20, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed bids offered for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017; and
The project will convert 1,785 high-pressure sodium residential streetlights primarily north of Hammer Lane to light-emitting diode luminaires; and Bear Electrical Solutions, LLC is the second lowest responsive bidder in the amount of $604,125, 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 filing of Notice of Exemption No. NOE 06-25 under the CEQA for the LED Street Lights Conversion, Phases 7 and 8, Project No.

WD24017, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

3. The City Council awards a Construction Contract between the City of Stockton and Bear Electrical Solutions, LLC, in the amount of $604,125, 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.
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4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1252
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 15062

PROJECT DATA
Project Title: LED Street Lights Conversion Phases 7 & 81 Project No. WD24017 CEQA Exemption File No.: NOE 06-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton's Public Works Department's project scope includes converting approximately 1,785 residential streetlight luminaries from existing high-pressure sodium streetlights to light-emitting diode (LED) lights located along various City streets.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section 15061 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ ......X The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (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, _x_
therefore, CEQA does not apply.

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

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
February 19. 2025
(DATE OF PREPARATION)
By ________________
c�:r;uL- _
Chanel Teach, 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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
1253
Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017

CONSTRUCTION CONTRACT
This contract is made and entered into on _________ , by and between BEAR ELECTRICAL SOLUTIONS, LLC., a STATE OF CALIFORNIA CORPORATION, with a business address at 1252 STATE STREET, ALIVSO, CA 95002, 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 LED Street Lights Conversion Phases 7 and 8, PROJECT NO. WD24017, 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 $604,125 or as otherwise mutually agreed to in a Contract Change Order.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

EXHIBIT 2 Page 1 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017
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.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Subsubcontractor. 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.

EXHIBIT 2 Page 2 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 45 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as 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.

EXHIBIT 2 Page 3 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017
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 Page 4 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017
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.

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.

EXHIBIT 2 Page 5 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017
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.

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 EXHIBIT 2 Page 6 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017
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. //
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EXHIBIT 2 Page 7 of 32
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Local Construction Contract – LED STREET LIGHTS CONVERSION PHASES 7 AND 8, PROJECT NO.

WD24017

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: STEVE COLANGELO

INTERIM CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

BEAR ELECTRICAL SOLUTIONS, LLC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

EXHIBIT 2 Page 8 of 32
1261
LED STREET LIGHTS CONVERSION PHASES 7 AND 8
PROJECT NO. WD24017

BID DING SCHE DU LE
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
1 Bid Forms
Description Unit Quantity
Mobilization & Traffic Control 1 LS
Convert Existing HPS Street Lights to LED 1,785 EA (Contractor to Furnish Luminaire, Photo Cell, Etc.) Unit price
r
·�oocr
4 J ;2&- -- J
Total Price

17.,.,'f-i O(J O -
>fJ>o tu· I
TOTAL BID -----�----------- /- 6o'f- /�S- -
BIDDER'S NAME Bear Electrical Solutions, LLC.

Last Revised 03/05/2024
EXHIBIT A EXHIBIT 2 Page 9 of 32
1262
EXHIBIT A EXHIBIT 2 Page 10 of 32
1263
Exhibit B:

Insurance Requirements
(Electrical)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $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 Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

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

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 EXHIBIT B EXHIBIT 2 Page 11 of 32
1264
deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

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.

EXHIBIT B EXHIBIT 2 Page 12 of 32
1265

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

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

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

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

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

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

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

EXHIBIT B EXHIBIT 2 Page 13 of 32
1266
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.

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 14 of 32
1267
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 15 of 32
1268
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

EXHIBIT C EXHIBIT 2 Page 16 of 32
1269
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C EXHIBIT 2 Page 17 of 32
1270
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2 Page 18 of 32
1271
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

EXHIBIT C EXHIBIT 2 Page 19 of 32
1272
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2 Page 20 of 32
1273
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2 Page 21 of 32
1274
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

EXHIBIT C EXHIBIT 2 Page 22 of 32
1275
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2 Page 23 of 32
1276
Subject:

B.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2 Page 24 of 32
1277
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2 Page 25 of 32
1278
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C EXHIBIT 2 Page 26 of 32
1279

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C EXHIBIT 2 Page 27 of 32
1280

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C EXHIBIT 2 Page 28 of 32
1281

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SIX HUNDRED FOUR THOUSAND ONE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($604,125), 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:

LED STREET LIGHTS CONVERSION PHASES 7 AND 8
PROJECT NO. WD24017
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 the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2 Page 29 of 32
1282
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 30 of 32
1283

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

That we, BEAR ELECTRICAL SOLUTIONS, LLC., a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SIX HUNDRED FOUR THOUSAND ONE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($604,125), 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:

LED STREET LIGHTS CONVERSION PHASES 7 AND 8
PROJECT NO. WD24017
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 2 Page 31 of 32
1284
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 32 of 32
1285
City of Stockton
Legislation Text
File #: 25-0283, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE DECORATIVE STREET LIGHT CONVERSION TO

LED PROJECT

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

1. Transfer funds in the amount of $375,000 from the Light Up Stockton, Project No. WD25046, to the Decorative Street Light Conversion to LED, Project No. WD25049.

2. Approve Notice of Exemption No. NOE05-25 under the California Environmental Quality Act for the Decorative Street Light Conversion to LED, Project No. WD25049.

3. Approve the plans and specifications for the Decorative Street Light Conversion to LED, Project No. WD25049.

4. Award a Construction Contract in the amount of $325,430 to St. Francis Electric, LLC of San Leandro, CA, for the Decorative Street Light Conversion to LED, Project No. WD25049.

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, including 2,269 decorative streetlights throughout the City, 624 of which are located in the downtown area. The Decorative Street Light Conversion to LED project will convert 133 decorative metal halide (MH) streetlights in the downtown area to Light Emitting Diode (LED) luminaires (Attachment A).

On February 20, 2025, the City received five bids for this project. Star Energy Management, Inc. submitted the lowest bid; however, they do not possess the electrical licenses required to perform this work as stated in the bid documents. Therefore, Public Works determined their bid was nonresponsive. On February 27, 2025, Star Energy Management, Inc. submitted a bid protest. Public Works’ staff, in coordination with the City Attorney’s Office, reviewed the bid protest and determined that their bid was non-responsive.

It is recommended that Council award a Construction Contract to the lowest responsive bidder, St.

Francis Electric, LLC, in the amount of $325,430. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE05-25 under the California Environmental Quality Act (CEQA), approving the plans and specifications, and transferring funds for the project.

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File #: 25-0283, Version: 1
Construction is anticipated to begin in summer 2025 and be completed by fall 2025, weather permitting.

DISCUSSION
Background
The City is responsible for operating and maintaining approximately 19,800 streetlights, including 2,269 decorative MH streetlights throughout the City, 624 of which are located in the downtown area.

Recent improvements to LED technology has increased efficiency and reduced initial product costs, making LED streetlights the preferred light source. LED streetlights use less energy, have a longer luminaire lifetime than MH, and reduce ongoing electricity and general maintenance costs.

Conversion of these lights generates the most significant reduction in electrical consumption, with an average of 60 percent, which yields the greatest financial and carbon footprint impact.

On February 4, 2025, by Resolution No. 2025-02-04-1213, Council allocated $2 million in discretionary funding for the Light Up Stockton Project. The funding provides for the replacement and repairs of 367 non-functioning streetlights. Additionally, the project will convert the remaining 133 decorative MH streetlights in the downtown area to LED luminaires, providing more efficient and safer lighting for the public (Attachment A).

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

Present Situation
On January 31, 2025, the Decorative Street Light Conversion to LED, Project No. WD25049, was advertised for bids. On February 20, 2025, five bids were received with the following results:

COMPANY NAME BID AMOUNT
Star Energy Management (Oroville, CA) $180,425
St. Francis Electric, LLC (San Leandro, CA) $325,430
Bear Electrical Solutions, LLC (Alviso, CA) $351,025
Ray’s Electric (Oakland, CA) $358,840
Tennyson Electric, Inc. (Livermore, CA) $429,525
Engineer’s Estimate $254,525
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File #: 25-0283, Version: 1
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

On February 20, 2025, the City received five bids for this project. Star Energy Management, Inc. submitted the lowest bid; however, they were disqualified for not possessing the electrical licenses required to perform this work as stated in the bid documents. On February 27, 2025, Star Energy Management, Inc. submitted a bid protest against the City’s requirement for a Class-A California contractor’s license for this project. The City determined that Star Energy Management, Inc. failed to possess the required valid Class-A license at the time of bid. Public Works’ staff, in coordination with the City Attorney's Office, reviewed the bid protest in detail and determined that Star Energy Management, Inc.’s failure to comply with the Special Provisions and the California Business and Professions Code section 7028.15(e) resulted in a non-responsive bid.

The bid from St. Francis Electric, LLC, the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $325,430, for the Decorative Street Light Conversion to LED, Project No. WD25049.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a categorical exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE05-25 under CEQA.

Construction is anticipated to begin in summer 2025 and be completed by fall 2025, weather permitting.

FINANCIAL SUMMARY
With the transfer of funds in the amount of $375,000 from the Light Up Stockton, Project No.

WD25046, to the Decorative Street Light Conversion to LED, Project No. WD25049, there will be sufficient funds to award a Construction Contract to St. Francis Electric, LLC in the amount of $325,430.

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 5/8/2025
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COMMERCE ST

SUTTER ST

DING WY
GRANT
WALNUT

MADISON ST
AV

CLEVELAND

SUTTER ST

MAGNOLIA

VINE ST
MAPLE

CALIFORNIA ST

WYANDOTTE
ELM

CENTER ST

WILLOW ST

PARKVIEW CT

LA FOLLETTE

WOOD LN
PINE

PARK ST
ST

MONROE ST

CEMETERY LN

VAN BUREN ST
BRYAN

HAWTHORNE ST
ALDER

SAN JOAQUIN ST

ACACIA ST

EUCALYPTUS

HUNTER ST
ST
ST

CIFIC AV
DAMS
TAFT
PALM

CHESTNUT
SPERRY
ST
CASTLE

EL DORADO ST

FLORA ST
ST
ST

HUNTER ST

WOOD LN

MCCLOUD AV

MAPLE ST
ST
µ
0 0.03250.065 0.13 0.195 0.26
Miles
LEGEND
Project Locations (133 Lights)
DECORATIVE STREET LIGHTS CONVERSION TO LED, PROJECT NO. WD25049

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
1289
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TRANSFERRING FUNDS, APPROVING THE NOTICE OF EXEMPTION NO. NOE05-25, APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING

A CONSTRUCTION CONTRACT FOR THE DECORATIVE STREET LIGHT CONVERSION TO LED, PROJECT NO. WD25049
On February 20, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Decorative Street Light Conversion to LED, Project No. WD25049; and
The project will convert 133 decorative metal halide (MH) streetlights in the downtown area to Light Emitting Diode (LED) luminaires; and Star Energy Management, Inc. submitted the lowest bid; however, they do not possess the electrical licenses required to perform this work as stated in the bid documents. Therefore, Public Works determined their bid was non-responsive; and On February 27, 2025, Star Energy Management, Inc. submitted a bid protest.

Public Works’ staff, in coordination with the City Attorney’s Office, reviewed the bid protest and determined that Star Energy Management, Inc.’s bid was non-responsive; and St. Francis Electric, LLC is the lowest responsive bidder in the amount of $325,430 and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the transfer of funds in the amount of $375,000 from the Light Up Stockton, Project No. WD25046, to the Decorative Street Light Conversion to LED, Project No. WD25049.

2. The City Council approves the filing of Notice of Exemption No. NOE05-25 under the CEQA for the Decorative Street Light Conversion to LED, Project No.

WD25049, 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 Decorative Street Light Conversion to LED, Project No. WD25049.
1290

4. The City Council awards a Construction Contract between the City of Stockton and St. Francis Electric, LLC, in the amount of $325,430, 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.

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 May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1291
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Decorative Street Light Conversion to LED, Project No. WD25049 CEQA Exemption File No.: NOE 05-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton's Public Works Department's project scope includes converting approximately 133 decorative streetlights to light-emitting diode (LED) bulbs located along various City streets.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section 15061 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ __x_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (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

PUBLIC WORKS DEPARTMENT
February 19, 2025
(DATE OF PREPARATION)
By ________________ _
cri�olrChanel Teach, 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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
1292
Local Construction Contract – DECORATIVE STREET LIGHT CONVERSION TO LED PROJECT NO. WD25049

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ST.

FRANCIS ELECTRIC, LLC., a STATE OF CALIFORNIA CORPORATION, with a business address at 975 CARDEN STREET, SAN LEANDRO, CA 94577, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of DECORATIVE STREET LIGHT CONVERSION TO LED, PROJECT NO. WD25049, 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 $325,430.00, 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.

EXHIBIT 2