Agenda packet — City Council and Concurrent Authorities, June 24, 2025 (part 2 of 4)

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025
Customer AT&T
City of Stockton
Street Address:

City: State/Province:

Zip Code: Country: USA
The applicable AT&T Participating Carriers
Customer Contact (for Notices) AT&T Contact (for Notices) Name:

Title:

Street Address:

City:

State/Province:

Zip Code:

Country: USA
Telephone:

Email:

Name: Erica Zamora
Street Address:

City: San Francisco State/Province: CA
Zip Code: Country: USA
Telephone: 415.839.1829 Email: [email protected] Sales/Branch Manager: Richard Laine SCVP Name: Chris Congo
Sales Strata: Public Sector - SLED Sales Region: West With a copy (for Notices) to :

AT&T
208 S. Akard Street
Dallas, TX 75202
ATTN: Master Agreement Support Team
Email: [email protected]
AT&T Solution Provider or Representative Information (if applicable) Name: Company Name:

Agent Street Address: City: State: Zip Code: Country: USA Telephone: Email: Agent Code
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.

Customer (by its authorized representative) AT&T (by its authorized representative) By: By:

Printed or Typed
Name:

Title: Title:

Date: Date:

For AT&T internal use only: Contract Ordering and Billing Number (CNUM):
425 N. El Dorado St
Stockton CA
95202
Vince Jose
IT Supervisor
425 N. EL Dorado St
Stockton, CA 95210
(209) 937-8252
[email protected]
Steve Colangelo
Interim City Manager

ATTACHMENT A
125
WK# - TBD
Please sign by September 22, 2025.

For AT&T Administrative Use Only
Pricing Schedule No. __________
Original Effective Date: __________
AT&T Switched Ethernet Service SM (with Network On Demand ) Pricing Schedule Provided Pursuant to Custom Terms
UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 2 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

1. SERVICES
Service Service Publication Location
AT&T Switched Ethernet Service SM https://cpr.att.com/pdf/commonEthServGuide.html AT&T Switched Ethernet Service SM Third-Party
Access (3PA)
https://serviceguidenew.att.com/sg_flashPlayerPage/ASE3PA AT&T Switched Ethernet (TCAL) https://serviceguidenew.att.com/sg_flashPlayerPage/ASE Network on Demand https://cpr.att.com/pdf/publications/NOD_Guide.pdf AT&T Inside Wiring https://cpr.att.com/pdf/publications/ASE_Inside_Wiring_Service_Guide_Attachment.pdf AT&T Entrance Facility Construction https://cpr.att.com/pdf/service_publications/EFC_Attachment.pdf AT&T Managed Switched Ethernet on DemandSM http://serviceguidenew.att.com/sg_flashPlayerPage/AMSEOD

2. PRICING SCHEDULE TERM, EFFECTIVE DATES
Pricing Schedule Term 60 months
Start Date of Minimum Payment Period, per Service
Component
Later of the Effective Date or installation of the Service Component Rate Stabilization per Service Component Rates as specified in this Pricing Schedule for each Service Component are stabilized until the end of the Pricing Schedule Term.

3. MINIMUM PAYMENT PERIOD
Service Components Percentage of Monthly Recurring Charge Applied for Calculation of Early Termination Charges
Minimum Payment Period
per Service Component
All Service Components 50% plus any unpaid or waived
non-recurring charges
60 months

3.1. Minimum Payment Period – Calculation of Early Termination Charges For services purchased through Network on Demand, the “Monthly Recurring Charge” used for the purposes of computing any appli cable termination liability (early termination charges) under the relevant service publication or the customer’s master agreement is determined as follows:
(i) the total Monthly Recurring Charges payable for the terminated service for the three months prior to the date of termination (or such shorter period as the terminated service had been installed if terminated less than three months after installation), divided by (ii) the number of days in such period, times (iii) 30 days. The Minimum Payment Period for CIR, CoS, or CIR and CoS Packages are coterminous with the Minimum Payment Period of the associated Customer Port Connection; however, early termination charges are not incurred as a result of changes to CIR, CoS, or CIR and CoS Packages while the associated Customer Port Connection is still in service.

4. ADDS; MOVES; and UPGRADES

4.1. Adds
Orders for Service Components in excess of quantities listed Attachment A (“Adds”) permitted only as specified below:

Service Components
Permitted for Adds
Site(s) Permitted
for Adds
Monthly Recurring
Rates
Non-recurring Charges Additional
Requirements
All Service Components listed
in Attachment A
Site(s) listed in
Attachment A
As provided in Section 5 As provided in Section 5,
plus any additional special
construction charges that
may be assessed

4.2. Moves
Per applicable Service Publication

ATTACHMENT A
126
WK# - TBD
Please sign by September 22, 2025.

Page 3 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

4.3. Upgrades

4.3.1. Upgrades to a Higher Speed
Customers may upgrade their CIR to a higher speed without incurring Termination Charges if such increases do not require physical changes to AT&T's equipment or connections at Customer Site(s). In addition, customers may upgrade their Class of Service without incurring Termination Charges provided the upgrade does not include any reduction in the customer’s existing CIR.

4.3.2. Pricing for Service Reconfiguration - Increase in CIR or CoS* Service Components Monthly Recurring Rate and Non -recurring Charges Committed Information Rate (CIR) or Class of Service (CoS) specified in Attachment A
As specified in Attachment A
*only increases which do not require physical changes to AT&T's equipment or connections at Customer Site(s)

ATTACHMENT A
127
WK# - TBD
Please sign by September 22, 2025.

Page 4 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

5. RATES and CHARGES

5.1. AT&T SWITCHED ETHERNET SERVICE – 21-State AT&T ILEC Footprint

5.1.1. Initial Site and Service Configuration
The initial sites and configuration of Services covered under this Pricing Schedule are identified on Attachment A . This Pricing Schedule is Customer’s initial order for the Services shown on Attachment A. Port Connections and CIR/CoS growth components are listed in section 5.1.2.

5.1.2. Monthly Recurring Charges (MRCs)
All Monthly Recurring Charges (MRCs) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Customer Port Connection MRC, the Committed Information Rate MRC, and any associated feature MRC(s) .

5.1.2.1. Custom er Port Connection MRC
Customer Port Connection
Port Type Customer Port Connection Speed MRC
Basic Port
100 Mbps $150.00
1000 Mbps (1 Gbps) $150.00
10000 Mbps (10 Gbps) $450.00
PPCoS Port
100 Mbps $150.00
1000 Mbps (1 Gbps) $150.00
10000 Mbps (10 Gbps) $450.00

5.1.2.2. Bandwidth MRC
CIR Speeds
Basic Port Connections Per Packet Class of Service (PPCoS) Non-Critical
High
Business
Critical
Medium
Business
Critical High
Interactive Real Time Business
Data
Critical Data MultiMedia
Standard
MultiMedia
High
2 Mbps $34.68 $44.40 $54.12 $63.84 $73.56 $34.68 $44.40 $63.84 $73.56 4 Mbps $42.38 $52.50 $62.63 $72.75 $82.88 $42.38 $52.50 $72.75 $82.88 5 Mbps $46.22 $56.55 $66.88 $77.21 $87.53 $46.22 $56.55 $77.21 $87.53 8 Mbps $53.92 $64.65 $75.38 $86.12 $96.85 $53.92 $64.65 $86.12 $96.85 10 Mbps $63.15 $74.37 $85.59 $96.81 $108.03 $63.15 $74.37 $96.81 $108.03 20 Mbps $92.39 $105.15 $117.91 $130.67 $143.42 $92.39 $105.15 $130.67 $143.42 50 Mbps $132.15 $147.00 $161.85 $176.70 $191.55 $132.15 $147.00 $176.70 $191.55 100 Mbps $139.33 $154.56 $169.79 $185.02 $200.24 $139.33 $154.56 $185.02 $200.24 150 Mbps $183.54 $201.09 $218.64 $236.20 $253.75 $183.54 $201.09 $236.20 $253.75 250 Mbps $187.55 $205.32 $223.09 $240.85 $258.62 $187.55 $205.32 $240.85 $258.62 400 Mbps $195.59 $213.78 $231.97 $250.16 $268.35 $195.59 $213.78 $250.16 $268.35 500 Mbps $203.63 $222.24 $240.85 $259.46 $278.08 $203.63 $222.24 $259.46 $278.08 600 Mbps $211.67 $230.70 $249.74 $268.77 $287.81 $211.67 $230.70 $268.77 $287.81 1000 Mbps $223.72 $243.39 $263.06 $282.73 $302.40 $223.72 $243.39 $282.73 $302.40

ATTACHMENT A
128
WK# - TBD
Please sign by September 22, 2025.

Page 5 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025
CIR Speeds
Basic Port Connections Per Packet Class of Service (PPCoS) Non-Critical
High
Business
Critical
Medium
Business
Critical High
Interactive Real Time Business
Data
Critical Data MultiMedia
Standard
MultiMedia
High
2000 Mbps $92.93 $121.50 $150.08 $178.65 $207.23 $92.93 $121.50 $178.65 $207.23 2500 Mbps $139.95 $171.00 $202.05 $233.10 $264.15 $139.95 $171.00 $233.10 $264.15 4000 Mbps $182.70 $216.00 $249.30 $282.60 $315.90 $182.70 $216.00 $282.60 $315.90 5000 Mbps $234.00 $270.00 $306.00 $342.00 $378.00 $234.00 $270.00 $342.00 $378.00 7500 Mbps $276.75 $315.00 $353.25 $391.50 $429.75 $276.75 $315.00 $391.50 $429.75 9500 Mbps $328.05 $369.00 $409.95 $450.90 $491.85 $328.05 $369.00 $450.90 $491.85 10000 Mbps $370.80 $414.00 $457.20 $500.40 $543.60 $370.80 $414.00 $500.40 $543.60

5.1.2.3. Feature MRC
Feature MRC
Enhanced Multicast $70.00

5.1.2.4. Diverse Access Feature Charges
Feature MRC
Diverse Access $250.00

5.1.3. Non -Recurring Charges (NRCs)
Standard Non-Recurring Charges (NRCs) for installation of new Customer Port Connections, per the applicable Service Publication, will be waived.

5.1.4. Additional Charges
Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply.

ATTACHMENT A
129
WK# - TBD
Please sign by September 22, 2025.

Page 6 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

5.2. AT&T SWITCHED ETHERNET SERVICE THIRD PARTY ACCESS (3PA) - Outside 21 -State AT&T ILEC Footprint

5.2.1. Monthl y Recurring Charges (MRCs)
All Monthly Recurring Charges (MRCs) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Third-Party Access connection, local mileage MRC, the bandwidth MRC, and any associated feature MRC(s). Availability, Price Group and Access Mileage Group associated with Third Party Access are subject to change, based on the availability and pricing of access connections from the third-party providers. The Price Group and Access Mileage Group applicable to each Customer location are determined at the time of Customer’s order.

5.2.1.1. Third-Party Local Switched and Dedicated Access Connection MRC Port
Speeds
Port Type Group1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 Group 12 2 Mbps Switched $95.85 $231.29 $446.27 $270.06 $287.63 $304.69 $480.81 $520.76 $304.69 $483.80 $429.42 $270.06 4 Mbps Switched $95.85 $244.29 $469.17 $293.02 $293.02 $304.69 $480.81 $520.76 $304.69 $483.80 $427.05 $293.02 5 Mbps Switched $95.85 $273.79 $480.80 $304.69 $304.69 $304.69 $480.81 $520.76 $304.69 $483.80 $424.65 $304.69 8 Mbps Switched $95.85 $316.29 $619.65 $319.80 $347.30 $264.70 $615.67 $525.95 $270.68 $621.65 $563.50 $319.80 10 Mbps Switched $95.85 $345.29 $615.67 $264.70 $343.32 $264.70 $615.67 $525.95 $270.68 $621.65 $559.51 $278.74 20 Mbps Switched $99.40 $402.29 $624.66 $305.98 $386.01 $305.98 $624.66 $677.69 $317.95 $636.62 $762.24 $460.41 50 Mbps Switched $99.40 $505.96 $823.57 $363.10 $502.08 $363.10 $823.57 $776.02 $393.01 $853.48 $924.65 $573.68 100 Mbps Switched $102.95 $744.67 $942.20 $439.62 $594.04 $439.62 $942.20 $1,093.80 $499.45 $1,002.04 $1,071.36 $790.59 150 Mbps Switched $106.50 $880.00 $1,267.86 $497.13 $821.43 $589.58 $1,488.06 $1,243.15 $828.91 $1,727.39 $1,514.94 $1,023.58 250 Mbps Switched $106.50 $1,021.52 $1,228.66 $457.93 $782.22 $589.58 $1,488.06 $1,433.85 $828.91 $1,727.39 $1,475.74 $984.38 400 Mbps Switched $106.50 $1,124.00 $1,372.94 $517.98 $703.30 $589.58 $1,488.06 $1,676.57 $828.91 $1,727.39 $1,747.78 $1,186.23 500 Mbps Switched $110.05 $1,166.66 $1,448.86 $550.38 $723.05 $550.38 $1,448.86 $1,823.26 $849.54 $1,748.02 $1,708.57 $1,147.02 600 Mbps Switched $113.60 $1,300.00 $1,428.38 $730.65 $730.65 $730.65 $1,428.38 $2,025.06 $1,089.65 $1,787.37 $1,909.90 $1,348.35 1000 Mbps Switched $113.60 $1,311.00 $1,446.59 $611.28 $739.04 $667.44 $1,446.59 $2,706.06 $1,265.78 $2,044.93 $1,790.54 $1,228.99 2 Mbps - 50
Mbps
Dedicated $315.00 $885.00 $885.00 $1,200.00 $1,650.00 $2,050.00 $2,450.00 N/A N/A N/A N/A N/A >50 Mbps -
100 Mbps
Dedicated $420.00 $1,320.00 $1,320.00 $1,500.00 $3,000.00 $4,000.00 $6,550.00 N/A N/A N/A N/A N/A >100 Mbps
- 250 Mbps
Dedicated $420.00 $1,320.00 $1,320.00 $1,500.00 $3,000.00 $4,000.00 $6,550.00 N/A N/A N/A N/A N/A >250 Mbps
- 500 Mbps
Dedicated $478.80 $1,800.00 $1,800.00 $2,750.00 $3,500.00 $4,600.00 $7,000.00 N/A N/A N/A N/A N/A >500 Mbps
- 600 Mbps
Dedicated $630.00 $3,098.00 $3,098.00 $4,500.00 $5,650.00 $7,200.00 $7,800.00 N/A N/A N/A N/A N/A 1000 Mbps Dedicated $120.70 $3,438.00 $1,980.90 $5,500.00 $6,958.33 $9,250.00 $9,576.44 N/A N/A N/A N/A N/A 10000
Mbps
Dedicated $173.95 $6,250.13 $1,785.25 $7,500.00 $9,575.44 $11,000.00 $1,191.42 N/A N/A N/A N/A N/A

ATTACHMENT A
130
WK# - TBD
Please sign by September 22, 2025.

Page 7 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025
Port
Speeds
Port Type Group 13 Group 14 Group 15 Group 16 Group 17 Group 18 Group 19 Group 20 Group 21 Group 22 Group 23 Group 24 2 Mbps Switched $642.55 $340.97 $567.04 $436.25 $304.69 $270.06 $378.25 $270.06 $270.06 $270.06 $249.57 $249.57 4 Mbps Switched $642.55 $356.86 $567.04 $436.25 $304.69 $293.02 $378.25 $293.02 $293.02 $293.02 $263.64 $263.64 5 Mbps Switched $642.55 $362.88 $567.04 $436.25 $304.69 $319.80 $378.25 $304.69 $309.88 $304.69 $290.73 $290.73 8 Mbps Switched $770.35 $389.41 $708.12 $634.19 $452.88 $319.80 $392.36 $319.80 $377.24 $319.80 $359.81 $319.80 10 Mbps Switched $770.35 $455.63 $708.12 $634.19 $452.88 $264.70 $392.36 $336.67 $508.37 $313.09 $385.63 $288.37 20 Mbps Switched $898.15 $605.01 $756.22 $1,015.62 $743.09 $305.98 $461.71 $396.54 $597.05 $379.91 $751.42 $395.43 50 Mbps Switched $1,093.40 $927.46 $839.42 $1,815.16 $1,408.18 $363.10 $636.73 $537.93 $878.04 $470.33 $974.78 $546.01 100 Mbps Switched $1,299.30 $1,020.82 $957.04 $2,425.47 $1,835.50 $439.62 $766.55 $635.50 $1,018.18 $558.00 $1,578.76 $972.48 150 Mbps Switched $1,686.25 $1,040.43 $1,276.48 $3,122.50 $2,506.14 $497.13 $818.30 $727.23 $1,031.86 $617.07 $3,635.69 $1,050.06 250 Mbps Switched $1,686.25 $1,136.00 $1,276.48 $4,593.79 $3,881.44 $457.93 $818.30 $718.21 $1,067.24 $653.65 $5,129.95 $1,220.84 400 Mbps Switched $1,945.40 $1,146.92 $1,276.48 $4,593.79 $3,881.44 $589.58 $818.30 $661.17 $1,058.60 $643.49 $5,129.95 $1,357.91 500 Mbps Switched $1,945.40 $1,152.64 $1,417.78 $5,063.19 $4,339.89 $550.38 $818.30 $637.12 $1,051.12 $624.49 $5,791.87 $1,511.84 600 Mbps Switched $2,204.55 $1,104.08 $1,455.65 $6,914.51 $6,063.51 $730.65 $1,162.71 $651.14 $1,069.35 $601.74 $6,294.00 $1,590.43 1000 Mbps Switched $2,595.05 $1,111.06 $1,622.07 $6,914.51 $6,063.51 $667.44 $1,162.71 $757.78 $1,341.80 $577.53 $6,545.43 $2,193.64 2 Mbps - 50
Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >50 Mbps -
100 Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >100 Mbps
- 250 Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >250 Mbps
- 500 Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >500 Mbps
- 600 Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1000 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10000
Mbps
Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

ATTACHMENT A
131
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 8 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

Port Speeds Port Type Group 25 Group 26 Group 27 Group 28 Group 29 Group 30 2 Mbps Switched $270.06 $249.57 $236.07 $249.57 $403.00 $756.07 4 Mbps Switched $293.02 $263.64 $236.07 $294.99 $437.36 $833.54 5 Mbps Switched $304.69 $290.73 $236.07 $343.03 $440.00 $897.87 8 Mbps Switched $319.80 $257.56 $236.07 $386.46 $445.00 $1,009.83 10 Mbps Switched $243.64 $257.56 $236.07 $389.62 $450.00 $1,134.86 20 Mbps Switched $320.02 $304.43 $255.15 $537.38 $550.00 $1,390.09 50 Mbps Switched $405.21 $490.63 $300.24 $615.30 $707.08 $1,699.89 100 Mbps Switched $622.12 $633.05 $356.21 $635.91 $899.73 $2,164.20 150 Mbps Switched $616.46 $640.01 $458.97 $812.39 $982.06 $2,500.00 250 Mbps Switched $703.61 $687.48 $458.97 $1,015.40 $1,200.00 $3,384.11 400 Mbps Switched $712.42 $687.48 $458.97 $1,015.40 $1,369.24 $3,600.00 500 Mbps Switched $760.96 $703.01 $470.83 $1,015.40 $1,403.09 $4,030.63 600 Mbps Switched $769.26 $692.33 $466.82 $919.64 $1,800.00 $5,500.00 1000 Mbps Switched $737.63 $779.25 $527.00 $919.64 $1,999.00 $5,636.21 2 Mbps - 50
Mbps
Dedicated N/A N/A N/A N/A N/A N/A
>50 Mbps - 100
Mbps
Dedicated N/A N/A N/A N/A N/A N/A
>100 Mbps - 250
Mbps
Dedicated N/A N/A N/A N/A N/A N/A
>250 Mbps - 500
Mbps
Dedicated N/A N/A N/A N/A N/A N/A
>500 Mbps - 600
Mbps
Dedicated N/A N/A N/A N/A N/A N/A
1000 Mbps Dedicated N/A N/A N/A N/A N/A N/A
10000 Mbps Dedicated N/A N/A N/A N/A N/A N/A

ATTACHMENT A
132
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 9 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

5.2.1.2. Third -Party Local Switched Access Mileage MRC

Third-Party Local Switched Access Mileage MRC Price Groups Port Connection Speed Mileage A Mileage B
Fixed Per Mile Fixed Per Mile
2 Mbps – 1000 Mbps $0.00 $110.05 $0.00 $110.05
Applicability of mileage will be determined during address qualification.

5.2.1.3. Third -Party Local Dedicated Access Mileage MRC

Third Party Local Dedicated Access Mileage MRC Price Groups Port
Connecti
on Speed
Mileage A Mileage B Mileage C Mileage D Mileage E Mileage F Mileage G Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile 2 Mbps -
50 Mbps
$189.85 $6.75 $0 $0 $315.95 $29.11 $315.95 $29.11 $0 $61.77 $0 $0 $0 $0 >50 Mbps
- 100
Mbps
$277.97 $9.02 $0 $0 $397.6 $36.21 $397.6 $36.21 $0 $66.74 $0 $0 $0 $0 >100 Mbps
- 250
Mbps
$277.97 $11.29 $0 $0 $397.6 $51.12 $397.6 $51.12 $0 $69.58 $0 $0 $0 $0 >250 Mbps
- 500
Mbps
$518.66 $16.97 $0 $0 $727.75 $94.43 $727.75 $94.43 $0 $98.69 $0 $0 $0 $0 >500 Mbps
- 600
Mbps
$822.61 $24.85 $0 $0 $1121.8 $203.06 $1121.8 $203.06 $0 $139.87 $0 $0 $0 $0 1000
Mbps
$1296.11 $35 $202.35 $102.95 $2403.35 $348.61 $2403.35 $348.61 $0 $155.49 $0 $0 $0 $0 10000
Mbps
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

ATTACHMENT A
133
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 10 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

5.2.1.4. Third -Party Bandwidth MRC

CIR Speed Non-Critical High Business Critical
Medium
Business Critical
High
Interactive RealTime
2 Mbps $50.42 $51.98 $54.58 $57.17 $59.78
4 Mbps $52.38 $54.00 $56.70 $59.40 $62.10
5 Mbps $54.35 $56.03 $58.83 $61.63 $64.43
8 Mbps $55.66 $57.38 $60.25 $63.11 $65.99
10 Mbps $58.93 $60.75 $63.79 $66.83 $69.86
20 Mbps $65.48 $67.50 $70.88 $74.25 $77.63
50 Mbps $104.76 $108.00 $113.40 $118.80 $124.20
100 Mbps $157.14 $162.00 $170.10 $178.20 $186.30
150 Mbps $196.43 $202.50 $212.63 $222.75 $232.88
250 Mbps $229.16 $236.25 $248.06 $259.88 $271.69
400 Mbps $294.64 $303.75 $318.94 $334.13 $349.31
500 Mbps $327.38 $337.50 $354.38 $371.25 $388.13
600 Mbps $392.85 $405.00 $425.25 $445.50 $465.75
1000 Mbps $491.06 $506.25 $531.56 $556.88 $582.19
2000 Mbps $916.65 $945.00 $992.25 $1,039.50 $1,086.75 2500 Mbps $1,113.08 $1,147.50 $1,204.88 $1,262.25 $1,319.63 4000 Mbps $1,636.88 $1,687.50 $1,771.88 $1,856.25 $1,940.63 5000 Mbps $1,964.25 $2,025.00 $2,126.25 $2,227.50 $2,328.75 7500 Mbps $2,160.68 $2,227.50 $2,338.88 $2,450.25 $2,561.63 9500 Mbps $2,226.15 $2,295.00 $2,409.75 $2,524.50 $2,639.25 10000 Mbps $2,291.63 $2,362.50 $2,480.63 $2,598.75 $2,716.88

5.2.2. Additional Charges
Charges for associated features or additional Service options may apply per Service Publication.

ATTACHMENT A
134
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 11 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

5.3. AT&T MANAGED SWITCHED ETHERNET ON DEMAND

5.3.1. Monthly Recurring Charges
AT&T Managed Switched Ethernet on Demand - PLUS MRC – 60-Month Term Managed Router* Committed Information Rate (CIR) MRC
100 Mbps <100M $134.00
100M $134.00
<100M $142.00
1 Gbps
100M to 250M $171.00
>250M to 500M $299.00
>500M to 1G $310.00
10 Gbps
>1G $361.00
>1G to 5G $534.00
>5G to 10G $754.00
*Managed Router priced according to ASEoD port capacity.

6. SPECIAL TERMS, CONDITIONS or OTHER REQUIREMENTS

6.1. Special Conditions for 10 Gbps Customer Port Connections With respect to 10 Gbps Ports, Customer may use the Business Center Portal to order such Ports, to request and schedule changes to the CIR (subject to the port configurations shown in Attachment A, Table 2) or CoS of such Ports, or to establish or change EVCs associated with such Ports. Real Time Class of Service is not available for EVCs exceeding 1000 Mbps. EVCs exceeding 1000 Mbps are subject to network availability.

6.2. Accelerated Discount
Accelerated Discount Liability upon early termination of any Service Component Special Construction Charges
Discount
$148,955.89 for site 1767 W
Hammer Ln Stockton CA 95209
100% of the accelerated discount divided by the number of months in the Pricing Schedule Term multiplied by the number of months remaining in the Pricing Schedule Term at date of termination

ATTACHMENT A
135
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 12 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

ATTACHMENT A
RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION City of Stockton
A-1. Rates and Charges; Initial Order Quantities
Service Components Quantity New MRC, per Unit
Customer Port Connection - 1 Gbps - Basic, USOC: EYQFX 21 $150.00 100 Mbps CIR - Interactive - Basic Only, USOC: R6ELX 19 $185.02 1000 Mbps CIR - Interactive - Basic Only, USOC: R6EZX 2 $282.73

A-2. Minimum Quantity New Commitment
Required Installation Date Monthly Shortfall Charge
Within six (6) months after the
Effective Date, excluding AT&T delay
50% of MRC (partial months prorated) for each “Quantity New” Service Component not installed by Required Installation Date until installed or, if not installed, until the end of the Pricing Schedule Term

A-3. Initial Sites and Service Configuration

Jurisdiction: By selecting AT&T Switched Ethernet Service provided as interstate access service, Customer acknowledges and certifies that the interstate traffic (including Internet and international traffic) constitutes more than ten percent (10%) of the total traffic on any Service.

Internet and International traffic are always considered interstate. The nature of the traffic, not merely the physical endpoints of the facility, determines whether the Port is Interstate or Intrastate.

Table 1. Complete a line for each Customer Port Connection Port ID
#
Street Address City State Jurisdiction Geographic Location 1 110 W Sonora St Stockton CA Intrastate Within 21 State ILEC Footprint 2 1818 S Fresno Ave Stockton CA Intrastate Within 21 State ILEC Footprint 3 1116 E 1st St Stockton CA Intrastate Within 21 State ILEC Footprint 4 5525 Pacific Ave Stockton CA Intrastate Within 21 State ILEC Footprint 5 3499 Manthey Rd Stockton CA Intrastate Within 21 State ILEC Footprint 6 1501 Picardy Dr Stockton CA Intrastate Within 21 State ILEC Footprint 7 1767 W Hammer Ln Stockton CA Intrastate Within 21 State ILEC Footprint 8 550 E Harding Way Stockton CA Intrastate Within 21 State ILEC Footprint 9 2903 W March Ln Stockton CA Intrastate Within 21 State ILEC Footprint 10 1211 E Swain Rd Stockton CA Intrastate Within 21 State ILEC Footprint 11 4010 E Main St Stockton CA Intrastate Within 21 State ILEC Footprint 12 3606 Hendrix Dr Stockton CA Intrastate Within 21 State ILEC Footprint 13 3019 McNabb St Stockton CA Intrastate Within 21 State ILEC Footprint 14 22 E Weber Ave Stockton CA Intrastate Within 21 State ILEC Footprint 15 1575 S Lincoln St Stockton CA Intrastate Within 21 State ILEC Footprint 16 3606 Hendrix Dr Stockton CA Intrastate Within 21 State ILEC Footprint 17 525 N Center St Stockton CA Intrastate Within 21 State ILEC Footprint 18 7400 West Ln Stockton CA Intrastate Within 21 State ILEC Footprint 19 1002 Embarcadero Stockton CA Intrastate Within 21 State ILEC Footprint 20 11373 N Lower Sacramento Rd Lodi CA Intrastate Within 21 State ILEC Footprint 21 22 E Weber Ave Stockton CA Intrastate Within 21 State ILEC Footprint

ATTACHMENT A
136
WK# - TBD

Please sign by September 22, 2025.

UA Required
ROME OPP: 1-RP2EQBF SR-1077707
RLR: 1740522.1.0
AT&T and Customer Confidential Information

Page 13 of 13 ends

[ASE_NoD_custom] PS 101824
AT&T Solution No. 4065271
CT-Owner: kh2586 04.14.2025

Table 2. Service Components and Features associated with Customer Port Connections identified above within the 21 -State ILEC Footprint . This Pricing Schedule shall constitute Customer’s order for Service at the locations listed below.

Port
ID #
Customer Port
Connection Speed
CIR Speed CIR Speed for
Ports 10 Gbps &
Above
Class of Service Diverse
Access
Add’l MAC
Addresses
Enhanced
Multicast
1 1 Gbps Basic 1000 Mbps N/A Interactive No No No
2 1 Gbps Basic 100 Mbps N/A Interactive No No No
3 1 Gbps Basic 100 Mbps N/A Interactive No No No
4 1 Gbps Basic 100 Mbps N/A Interactive No No No
5 1 Gbps Basic 100 Mbps N/A Interactive No No No
6 1 Gbps Basic 100 Mbps N/A Interactive No No No
7 1 Gbps Basic 100 Mbps N/A Interactive No No No
8 1 Gbps Basic 100 Mbps N/A Interactive No No No
9 1 Gbps Basic 100 Mbps N/A Interactive No No No
10 1 Gbps Basic 100 Mbps N/A Interactive No No No
11 1 Gbps Basic 100 Mbps N/A Interactive No No No
12 1 Gbps Basic 100 Mbps N/A Interactive No No No
13 1 Gbps Basic 100 Mbps N/A Interactive No No No
14 1 Gbps Basic 100 Mbps N/A Interactive No No No
15 1 Gbps Basic 100 Mbps N/A Interactive No No No
16 1 Gbps Basic 100 Mbps N/A Interactive No No No
17 1 Gbps Basic 100 Mbps N/A Interactive No No No
18 1 Gbps Basic 100 Mbps N/A Interactive No No No
19 1 Gbps Basic 1000 Mbps N/A Interactive No No No
20 1 Gbps Basic 100 Mbps N/A Interactive No No No
21 1 Gbps Basic 100 Mbps N/A Interactive No No No

Table 3. Service Components and Features associated with Customer Port Connections identified above outside the 21 State ILEC Footprint . This Pricing Schedule shall constitute Customer’s order for Service at the locations listed below.

Port
ID #
Access Type Customer Port
Connection
Speed
Access
Price Group
Access
Mileage Group
Access
Mileage
CIR Speed Class of Service

End of Document

ATTACHMENT A
137
City of Stockton
Legislation Text
File #: 25-0510, Version: 1

APPROVE A MOTION AUTHORIZING INCREASED EXPENDITURE AUTHORITY AND

CONTINUED PARTICIPATION IN CALNET (STATE OF CALIFORNIA) CONTRACTS WITH AT&T

CORPORATION AND COMCAST

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

1. Authorize the City Manager, or designee, to continue to utilize the State of California CALNET NextGeneration (NextGen) contracts (Attachment A) for telecommunication services, which expire on June 30, 2028;

2. Authorize the City Manager, or designee, to continue to utilize the State of California CALNET Legacy 4 contracts (Attachment B), which expire on June 30, 2026, and exercise any optional extensions to these agreements;

3. Authorize the City Manager, or designee, to amend the CALNET NextGen and CALNET Legacy 4 agreements for services and products from authorized vendors (Attachment C) for an increased total estimated amount of $2,423,842, beginning July 1, 2025, through the respective extension periods of each agreement;

4. Approve findings that support and justify an exception to the competitive bid process; and

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

Summary
The City has used CALNET programs to procure technology services since 2000. The CALNET contracts provide the City simple and cost-efficient access to telecommunications and network services. By piggybacking on the State’s competitive bidding process and subsequent agreements to purchase communication services and products under the same pricing arrangements, the City can forego lengthy procurement processes and the burden of managing a contract. However, the current contract, CALNET NextGeneration and CALNET Legacy 4, is expiring. Therefore, this recommendation is for the City of Stockton to leverage CALNET NextGen and Legacy 4 pricing by utilizing the remaining extensions.

Staff recommend that the City Council authorize increased purchase authority for a total estimated amount of $2,423,842, to continue utilizing the CALNET contracts for telecommunication services through June 30, 2028, including any optional extensions.

City of Stockton Printed on 6/18/2025Page 1 of 4
powered by Legistar™
138
File #: 25-0510, Version: 1

DISCUSSION
Background
The City has used CALNET programs to procure technology services since 2000. The CALNET contracts provide easy access to telecommunications and network services by enabling the city to order services using a simple ‘Authorization to Order’ form. This eliminates the costly and lengthy procurement process and eliminates the burden of managing a contract. The CALNET program includes provisions to allow other non-state governmental agencies to use the State’s competitive bidding process and subsequent agreements to purchase communication services and products under the same pricing arrangements, allowing local agencies to forego lengthy procurement processes. This comprehensive program includes many vendors such as AT&T, Verizon and Comcast and discounts on internet connectivity, cell phone services, computer network equipment and services, traffic/police camera installation and maintenance, VOIP phone services, etc.

The most recent CALNET program the City has participated in is the State of California CALNET NextGeneration (NextGen) and State of California CALNET Legacy 4 (Legacy 4), which the City Council authorized with motion 2021-06-22-1208 on June 22, 2021. The agreements in this program were extended and currently expire on June 30, 2025.

CALNET was also used for various City equipment purchases, such as Public Works Traffic Camera System expansion, Police Wireless infrastructure, the build-out of 400 E. Main, and the Voice over Internet Protocol (VoIP) system.

The City has used CALNET contracts for the following:
− Dedicated phone lines for alarms, elevators, and sites not equipped with VoIP. − Long Distance Services.
− Dedicated data lines such as T1’s used to connect Libraries, PD substations, Fire Houses, and Radio Towers.
− Internet Connectivity.
− Structured Cabling.
− VoIP Maintenance.
− Network Hardware Maintenance.
− Traffic/Police Surveillance Camera Installation and Maintenance. − Network Hardware Purchases.
− Cell or Mobility Services.
− Consulting Services.
− E-Rate rebate program eligibility.

The CALNET contracts are negotiated at the State level with vendors that include AT&T, Verizon, Comcast, and numerous others.

Present Situation
The City continues to use CALNET programs to procure communications and data technology services through the NextGen and Legacy 4, which currently expire on June 30, 2025. This motion would authorize the City to exercise the State of California’s remaining extensions through June 30, 2028, including any optional extensions. By utilizing the NextGen and Legacy 4 contracts for City of Stockton Printed on 6/18/2025Page 2 of 4
powered by Legistar™
139
File #: 25-0510, Version: 1
telecommunication services and products, we ensure continued service and the ability to contract new services at the State’s discounted pricing.

Over the past three years, the City spent an average of $676,543 on NextGen and Legacy 4 services. The projected, current-year spend for FY 2024-25 is estimated at $732,251. Comcast network services have been expanded to several locations, including Police remote sites and EDD Parking Facilities. Comcast services are expanding further and scheduled to be installed at the new City Hall. The estimated cost of continuing telecommunication services over the next three years using NextGen and Legacy 4 is $2,423,842 (Table 1).

Table 1: Estimated Annual Spend for CALNET NextGeneration and Legacy 4 Services Projected Current
Year Spend
FY 2025-26 FY 2026-27 FY2027-28 TOTAL
AT&T Corp $564,722 $592,958 $622,606 $653,736 $1,869,300 Comcast $167,529 $175,905 $184,701 $193,936 $554,542 Total $732,251 $768,863 $807,307 $847,672 $2,423,842 The CALNET NextGen and Legacy 4 agreements contain many telecommunications categories, which may contain multiple service providers. The categories include:

1. Dedicated Transport

2. Carrier DOS Services

3. Long Distance Calling

4. Toll-Free Voice Calling

5. Analog Services

6. Multiprotocol Label Switching (MPLS) Data Network Services

7. Standalone VoIP Services

8. Cloud Hosted VoIP Services

9. Metropolitan Area Network (MAN) Ethernet Services

10.Flat Rate Internet Services

11.Sustained Bandwidth Internet Services and Features

12.Standard Contact Center Services

13.Custom Contact Center Services

14.Converged VoIP Services

15.Broadband with Internet Services
City of Stockton Printed on 6/18/2025Page 3 of 4
powered by Legistar™
140
File #: 25-0510, Version: 1
While the City does not currently utilize all vendors attached to the CALNET NextGen agreements, the Information Technology Department will have the opportunity to identify and order appropriate future services through any authorized vendor on the contract in the future. It is recommended that the City Council authorize increased purchase authority for a total estimated amount of $2,423,842, to continue utilizing the CALNET contracts for telecommunication services through June 30, 2028, including any optional extensions.

Findings
Stockton Municipal Code Section 3.68.070(A)(5) provides an exception to the competitive bidding process where the City accesses the terms of a competitively bid and negotiated cooperative purchasing agreement and where the City Council has approved findings that support and justify the exception. The findings are as follows:

1. The City’s Procurement Office recommends and approves the use of the CALNET NextGen and Legacy 4 contracts, as they meet the criteria as an exception to the competitive bidding process by way of secured competitive pricing, making it a valuable alternative to the standard bid requirement.

2. The State of California has established cooperative agreements with multiple telecommunication vendors for governmental members, including the City of Stockton. These agreements provide discounts for products and services by leveraging the State’s purchasing power.

3. Service providers associated with the contracts are leaders in telecommunications, and through the CALNET NextGen and Legacy 4 agreements, they provide the lowest rates.

4. The City has ongoing business relationships with several vendors listed on the contract, which has benefited the City with discounted pricing and reliable timeliness.

FINANCIAL SUMMARY
Expenditures for services using CALNET NextGen and Legacy 4 agreements are estimated for a total amount of $2,423,842, through June 30, 2028, including any optional extensions. (Table 1).

All purchases made from these cooperative agreements will be funded through the Technology Internal Service Fund 510, project accounts, or department accounts and will not exceed budget authority approved through the annual budget process. There is no impact on the General Fund.

Attachment A - CALNET NextGeneration Standard Agreement Amendment Attachment B - CALNET Legacy 4 Standard Agreement Amendment Attachment C - CALNET NextGeneration and Legacy 4 Authorized Vendors City of Stockton Printed on 6/18/2025Page 4 of 4
powered by Legistar™
141

REGISTRATION NUMBER

AGREEMENT NUMBER AMENDMENT NUMBER
C4-DNCS-19-01-40 23

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
California Department of Technology

CONTRACTOR NAME
AT&T Corp.

2. The term of this
Agreement is:

April 14, 2020, or upon approval of TECH 213 by CDT-OSTP, whichever is later through June 30, 2028.

3. The maximum amount of this
Agreement after this Amendment is:
$0.00
(Zero Dollars and Zero Cents)

4. The parties agree to comply with the terms and conditions of the amendment. All documents and actions noted below are by reference and made part of the Agreement and incorporated herein:

In accordance with IFB C4DNCS19 Part 1 General Instructions, Section 1.3 Contract Term, the State exercises its remaining three (3) one-year optional term extensions for Categories 20, 21, 22, 23, 24, 25, 27, 28, 29 and 30.

Effective upon CDT OSTP approval of this Amendment the revisions are as follows:

A. Revises term end date of the Agreement:

From: June 30, 2025
To: June 30, 2028
All other terms remain the same.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR
Department of Technology (CDT),
Office of Statewide Technology
Procurement (OSTP)
Use Only
CONTRACTOR NAME (If other than an individual, state whether a corporation, partnership, etc.) EXEMPT PER:

AT&T Corp.

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING
Samantha J Thibault, Director - Sales, State of California

ADDRESS
2700 Watt Avenue, Suite 1213, Sacramento, CA 95821

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
California Department of Technology, Office of Technology Services

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING
Chaeny Emanavin, Deputy State Chief Technology Officer

CONTRACTING AGENCY ADDRESS
P.O. Box 1810, MS Y-12, Rancho Cordova, CA 95741-1810

STATE OF CALIFORNIA

DEPARTMENT OF TECHNOLOGY

OFFICE OF STATEWIDE TECHNOLOGY PROCUREMENT

STANDARD AGREEMENT AMENDMENT
TECH 213A (rev. 09/2024)

ATTACHMENT A
142

STATE OF CALIFORNIA

DEPARTMENT OF TECHNOLOGY

OFFICE OF STATEWIDE TECHNOLOGY PROCUREMENT

STANDARD AGREEMENT AMENDMENT
TECH 213A (rev. 09/2024)

REGISTRATION NUMBER

AGREEMENT NUMBER
C4-DNCS-19-001-31

AMENDMENT NUMBER
08 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
California Department of Technology

CONTRACTOR NAME
Comcast Business Communications, LLC

2. The term of this
Agreement is:

April 14, 2020, or upon approval of TECH 213 by CDT-OSTP, whichever is later through June 30, 2028.

3. The maximum amount of this
Agreement after this Amendment is:
$0.00
(Zero Dollars and Zero Cents)

4. The parties agree to comply with the terms and conditions of the amendment. All documents and actions noted below are by reference and made part of the Agreement and incorporated herein:

In accordance with IFB C4DNCS19 Part 1 General Instructions, Section 1.3 Contract Term, the State exercises its remaining three (3) one-year optional term extensions for Categories 23, 24, and 30.

E
ffective upon CDT OSTP approval of this Amendment the revisions are as follows:

A. R
evises term end date of the Agreement:

From: June 30, 2025
To: June 30, 2028
All other terms remain the same.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR
CONTRACTOR NAME (If other than an individual, state whether a corporation, partnership, etc.)

Comcast Business Communications, LLC

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING
Wolfgang Lewis, Vice President

ADDRESS
9601 E. Panorama Circle, Centennial, CO 80112

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
California Department of Technology, Office of Technology Services

CONTRACTING AGENCY AUTHORIZED SIGNATURE

DATE SIGNED

PRINTED NAME AND TITLE OF PERSON SIGNING
Chaeny Emanavin, Deputy State Chief Technology Officer

CONTRACTING AGENCY ADDRESS
P.O. Box 1810, MS Y-12, Rancho Cordova, CA 95741-1810 Department of Technology (CDT),
Office of Statewide Technology
Procurement (OSTP)
Use Only
EXEMPT PER:

ATTACHMENT A
143

STATE OF CALIFORNIA

DEPARTMENT OF TECHNOLOGY

STATEWIDE TECHNOLOGY PROCUREMENT

STANDARD AGREEMENT AMENDMENT
TECH 213A (rev. 06/2020)

REGI STRATION NUMBER

AGREEMENT NUMBER
C4-LEG-12-10-TS-01

AMENDMEN T NUMBER
8 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
California Department of Technology

CONTRACTOR NAME
AT&T Corp.

2. The term of this
Agreement is:

Category 16 January 3, 2019 through June 30, 2026, with three (3) one-year options to extend.

Category 17 - January 3, 2019 through June 30, 2026, with three (3) one-year options to extend.

3. The maximum amount of this
Agreement after this Amendment is:
$0.00
(Zero Dollars and Zero Cents)

4. The parties agree to comply with the terms and conditions of the amendment. All documents and actions noted below are by reference and made part of the Agreement and incorporated herein:

In accordance with Legacy Telecommunication Voice and Data Services Part 1 - General Instructions Section 1.2 TERM, the State exercises two (1) one-year options to extend Categories 16 and 17.

Effective upon CDT STP approval of this Amendment the revisions are as follows:

A. Revises term end date of the Agreement:

From: June 30, 2024
To: June 30, 2026
All other terms and conditions remain the same.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR
CONTRACTOR NAME (If other than an individual, state whether a corporation, partnership, etc.) AT&T Corp.

CONTRACTOR AUTHORIZED SIGNATURE DATE SIG NED

PRINTED NAME AND TITLE OF PERSON SIGNING
Samantha J Thibault, Director - Sales, State of California

ADDRESS
2700 Watt Avenue, Rm. 4022, Sacramento, CA 95821

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
California Department of Technology, Office of Technology Services

CONTRACTING AGENCY AUTHORIZED SIGNATURE

DATE SI GNED

PRINTED NAME AND TITLE OF PERSON SIGNING
Chaeny Emanavin, Deputy State Chief Technology Officer

CONTRACTING AGENCY ADDRESS
P.O. Box 1810, MS Y-12, Rancho Cordova, CA 95741-1810

Department of Technology (CDT),
Statewide Technology Procurement (STP)
Use Only
EXEMPT PER:

ATTACHMENT B
144
FirstNet

9.1 15 16 17 18 19.1 19.2 20 21 22 23 24 25 27 28 29 30 Broadband
for Public
Safety
Dedicated
Transport
Long
Distance
Calling
Toll-Free
Calling
Legacy Cellular
Business
Services
CALNET First
Responders
Cellular
Services
MPLS Data
Network
Standalone
VoIP
Cloud Hosted
VoIP
Metropolitan
Area Network
Ethernet
Flat Rate
Internet
Services
Sustained
Bandwidth
Internet
Standard
Contact
Center
Services
Custom
Contact
Center
Services
Converged
VoIP
Broadband
with Internet
Service
Airespring
Aspen Aspen
AT&T
Mobility AT&T AT&T AT&T AT&T AT&T
Mobility AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T Charter Charter Charter Charter
Comcast Comcast Comcast
Crown
Castle
Crown
Castle
Crown
Castle
ENA
Granite Granite Granite Granite Granite Granite
InterVision InterVision
Lumen
(CenturyLink)
Lumen
(Level3)
Lumen
(CenturyLink)
Lumen
(Level3)
Lumen
(Level3)
Lumen
(Level3)
Lumen
(CenturyLink)
Lumen
(CenturyLink)
Lumen
(CenturyLink)
Mergent
NTT

NWN NWN NWN NWN NWN NWN NWN NWN
Red River
SOS dba

TEAMSOS
SOS dba

TEAMSOS
T-Mobile T-Mobile
Verizon Verizon Verizon Verizon
Wireless
Verizon
Wireless Verizon Verizon Verizon Verizon Verizon Verizon Verizon Verizon Verizon Astound
(Wave)
Astound
(Wave)
Astound
(Wave)
Astound
(Wave)
Zayo Zayo Zayo Zayo
Legacy Cellular Data Network and Communication Services 4/8/2025

ATTACHMENT C
145
City of Stockton
Legislation Text
File #: 25-0605, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO.1 WITH SILVA

LANDSCAPE FOR STORMWATER DRAINAGE BASIN MAINTENANCE

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing Contract Change Order No. 1 to Agreement Number 423000298 with Silva Landscape for the maintenance of ten storm drainage detention basins to extend and fund the existing contract for an additional two years in the amount of $314,050 for a total contract not-to-exceed amount of $765,850.

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

Summary
The Municipal Utilities Department (MUD) encompasses the Water, Wastewater, and Stormwater Utilities, which are regulated for the protection of public health and the environment and supported by user fees. The Stormwater Utility consists of 77 pump stations, over 600 miles of pipeline, and 22,500 drain inlets that route stormwater from city streets into local basins and waterways. Regular system maintenance is necessary to prevent flooding from storm runoff. The Stormwater Utility is also responsible for oversight and compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit, which requires extensive monitoring and public outreach programs to promote water quality in the Sacramento San Joaquin River Delta.

In addition, the Stormwater Utility manages a consolidated storm drainage maintenance district and six industrial storm drainage basin maintenance districts throughout the City. These Storm Drainage Maintenance Assessment Special Districts were formed pursuant to State law and the Stockton Improvement Procedure Code. The districts provide for the maintenance and operation of capital improvements that impart a special benefit to a designated area, including stormwater quality treatment and flood control.

If approved by the City Council, Contract Change Order No. 1 (Exhibit 1 to the Resolution) will add $314,050 to the original contract with Silva Landscape of Patterson, CA, and extend the contract term through June 30, 2027, for a total amount not-to-exceed $765,850.

DISCUSSION
Background
The Stormwater Utility manages the inspection and maintenance of ten storm drainage detention City of Stockton Printed on 6/18/2025Page 1 of 3
powered by Legistar™
146
File #: 25-0605, Version: 1
basins throughout Stockton. The basins provide flood control and function as stormwater quality treatment devices required by the NPDES permit. Regular inspection and maintenance of all the basins is needed to ensure proper functionality and compliance with regulatory requirements.

The City Council, pursuant to Resolution Nos. 85-0416, 86-1059, 88-0492, 88-0552, and 99-0400, established the formation of the following five storm drainage basin maintenance districts for flood control:

1. Arch Road Industrial Park

2. Charter Way Industrial Site

3. Western Pacific Industrial Park

4. Stockton Airport Business Center

5. Airport Gateway Center
In addition, Resolution 05-0392 established the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, which oversees three stormwater quality treatment basins required by the NPDES permit:

1. Riverbend Basin

2. Morada Basin (Cannery Park - Zones 2A & 2B)

3. ProLogis Park at Duck Creek Basin
The City also operates and maintains storm drainage basins that provide flood control to areas not covered by a Storm Drainage Maintenance Assessment District. The two stormwater quality treatment basins are:

1. Arch Road Basin

2. El Dorado Street Basin
On November 11, 2022, by Resolution 2022-11-15-1209, the City Council awarded a three-year contract to Silva Landscape for the inspection and maintenance of the ten basins. The contract may be extended for a total of five years.

Present Situation
Storm basin maintenance for eight storm basin maintenance assessment districts is funded by annual levied assessments. Designated Stormwater Utility Funds cover the operational costs for the Morada Basin (Cannery Park) and other non-assessment district basins.

Extending contracted services improves water quality, provides effective flood control, and protects properties within these communities. Maintenance activities include trash removal, mowing, weed abatement, and repairs to irrigation systems, channels, and flumes, as necessary to improve water quality and comply with regulatory requirements.

Staff recommend that the City Council adopt a resolution authorizing Contract Change Order No. 1 with Silva Landscape to extend and fund the existing stormwater drainage basin maintenance contract for two additional years in the amount of $314,050, for a total contract not-to-exceed amount of $765,850.

City of Stockton Printed on 6/18/2025Page 2 of 3
powered by Legistar™
147
File #: 25-0605, Version: 1

FINANCIAL SUMMARY
Funding for the Silva Landscape maintenance services contract extension for FY 2025-26 and FY 2026-27 will be requested during the annual budgeting process.

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

City of Stockton Printed on 6/18/2025Page 3 of 3
powered by Legistar™
148
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO.1 FOR $314,050.00 WITH

SILVA LANDSCAPE FOR STORMWATER DRAINAGE BASIN MAINTENANCE

The City currently contracts with Silva Landscape for the maintenance of ten storm drainage detention basins at various locations throughout Stockton (Agreement Number 423000298); and

In addition to providing flood control, these basins also function as stormwater quality treatment devices required by the National Pollutant Discharge Elimination System (NPDES) permit; and

Extending contracted services improves water quality, provides e ffective flood control, and protects properties within these communities. Maintenance activities include trash removal, mowing, weed abatement, and repairs to irrigation systems, channels, flumes, as necessary to improve water quality and comply with regulatory requirements; now, therefore,

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

1. Contract Change Order No. 1 for additional funds of $314,050.00 with Silva Landscape, the total not -to-exceed amount of $ 765,850 is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 24, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CMPC
City Clerk of the City of Stockton

149

CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000298 1
This Amendment Number --'---to the above referenced Agreement is entered Into on July 1, 2025: between the City of Stockton ("City") and Silva Landscape "Contractor'.

RECITALS
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, stat es no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and Exhibit A, Option to Renew, states both Parties may extend this Agreement up to two (2) additional one (1) year renewals, however, the total term of the Agreement including the extended term shall not exceed 5 years; and The City needs to extend the term specified in Paragraph 2 of the Standard Agreement for two (2) years for continued services in accordance with Exhibit 1; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $314,050 to pay for the two (2) year extension with annual increases in accordance with Exhibit 1 and Exhibit A 1.

Now therefore, the City and the Contractor mutually agree as follows:

1. The termination date in Exhibit 1 of the Standard Agreement is amended to: June 30, 2027

2. The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhi bit E, Section 1.1, will now read as follows:

The maximum the Contractor shall be paid on th is Agreement is $ 765 850 (hereafter the "not to exceed" amount). The "not to exceed" amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement's sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

Initial Term the maximum not to exceed amount is $451,800.

Extended Term the maximum not to exceed amount is $314,050.

Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $765,850.

All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

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

CONTRACTOR
David Silva DRA Silva I andscape
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
PO Box 607 Patterson Ca 95363
Address
1 (Rev. 02.13.25)
EXHIBIT 1
150
Steve Colangelo, Interim City Manager
ATTEST:

Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 02.13.25)

CITY OF STOCKTON
Date
EXHIBIT 1
151
EXHIBIT A1
Contract Pricing Effective July,1 2025 -June 30, 2026 (FY 25-26) , Annual Task Pricing. Below Is the updated price for the services and reimbursable expenses as described In Exhibit A of this Agreement.

Task Description
-- --
Stockton Airport Business Center Mobilization,
1 Demobilization, Bonds, Permits, and Insurance on
all work.
2 Stockton Airport Business l;Elhter Inspections ana
Reports '
Stockton Airport Business Center Maintenance
Services
4 Stockton Airport Business Center Annual Discing
and Mowing Basin Slopes
5 Stockton Airport Business Center Annual Grading
and Sediment Removal
--
Arch
Road Industrial Park Mobilization,
6 Demobilization, Bonds, Permits, and Insurance on
all work.
7 Arch Road Industrial Park Inspections and Reports
8 Arch Road Industrial Park Maintenance Services
9 Arch Road Industrial Park Annual Discing and
Mowing Basin Slopes
10 Arch Road Industrial ParK Annual Grauing ana
Sediment Removal -
Task Price
-
$675.00X 2
$800.00X 2
..
$3,000,00 X2
• $4,000.00 1
$2,000.00 1
$675.00 X2
$800.00 X 2
II
$3,000.00 X 2
$4,000.00 1
$2,000.00 1
EXHIBIT 1
152
EXHIBIT 1
153
EXHIBIT 1
154
EXHIBIT 1
155
I
EXHIBIT A1
Contract Pricing Effective July 1, 2026 - June 30, 2027 (FY 26-27) 'Annual Task Pricing. Below Is the updated price for the services and reimbursable expenses as described In Exhibit A of this Agreement.

Task Description Task Price
--- ·-
Stockton Airport Business Center Moblllzatlon, $900,00X 21 Demoblllzatlon, Bonds, Permits, and Insurance on all work.
-- Stockton Airport Business Center Inspections and2 $800.00X 2Reports 3 Stockton Airport Business Center Maintenance $3,000.00 X2Services 4 Stockton Airport Business Center Annual Discing
and Mowing Basin Slopes
.$4,000,00 1
-- --
5 Stockton Airport Business Center Annual Grading .$2,000.00 1and Sediment Removal - �
Arch Road lndustrlal Park Mobilization, $900.00 X26 Demobilization, Bonds, Permits, and Insurance on all work.
7 Arch Road Industrial Park Inspections and Reports $800.00 X 2. � 8 Arch Road Industrial Park Maintenance Services $3,000.00 X 2 9 Arch Road Industrial Park Annual Discing and $4,000.00 1Mowing Basin Slopes 10 Arch
Road Industrial Park Annual Grading and $2,000.00 1Sediment Removal EXHIBIT 1
156
EXHIBIT 1
157
EXHIBIT 1
158
EXHIBIT 1
159
City of Stockton
Legislation Text
File #: 25-0672, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE MORMON SLOUGH IMPROVEMENTS PROJECT

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

1. Transfer funds in the amount of $50,000 from the Sidewalk, Curb, and Gutter Repairs Program Fiscal Year 2023-24 SB1, Project No. WD24004, to the Mormon Slough Improvements, Project No. WD25034.

2. Approve the Notice of Exemption No. NOE24-25 under the California Environmental Quality Act for the Mormon Slough Improvements, Project No. WD25034.

3. Approve the plans and specifications for the Mormon Slough Improvements, Project No.

WD25034.

4. Award a Construction Contract in the amount of $427,569 to FBD Vanguard Construction, Inc. of Livermore, CA, for the Mormon Slough Improvements, Project No. WD25034.

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 remove, replace, and/or install sidewalks, curbs, and gutters, and American with Disabilities Act (ADA) compliant curb ramps located near Spanos Elementary School. Improvements will also be made along Sutter Street between Hazelton Avenue and the railroad tracks, and along Aurora Street between Hazelton Avenue and Scotts Avenue (Attachment A).

On May 8, 2025, the City received two bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, FBD Vanguard Construction, Inc., in the amount of $427,569. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE24-25 under the California Environmental Quality Act (CEQA), approving the plans and specifications, and transfer funds for the project.

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

DISCUSSION
Background
On July 9, 2024, by Resolution No. 2024-07-09-1508, Council allocated $3 million in discretionary City of Stockton Printed on 6/18/2025Page 1 of 3
powered by Legistar™
160
File #: 25-0672, Version: 1
funding for various projects Citywide to benefit our community. The funding provided $425,000 for the Mormon Slough Improvements project. The project improvements include installation of sidewalks where they currently do not exist, removal and replacement of failed curbs, gutters, sidewalk segments, and installation of ADA-compliant curb ramps located near Spanos Elementary School. Improvements will also be made along Sutter Street between Hazelton Avenue and the railroad tracks, and along Aurora Street between Hazelton Avenue and Scotts Avenue (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 was less than $1 million.

Present Situation
On April 8, 2025, the Mormon Slough Improvements, Project No. WD25034, was advertised for bids.

On May 8, 2025, two bids were received with the following results:

COMPANY NAME BID AMOUNT
FBD Vanguard Construction, Inc. $427,569
(Livermore, CA)
Valentine Corporation $768,369
(San Rafael, CA)
Engineer's Estimate $376,250
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project; however, the bidders are all located outside of the City of Stockton and San Joaquin County and are not entitled to a bid preference. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from FBD Vanguard Construction, Inc., 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 FBD Vanguard Construction, Inc., in the amount of $427,569, for the Mormon Slough Improvements, Project No. WD25034.

The project is in conformance with the City's General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE24-25 under CEQA.

City of Stockton Printed on 6/18/2025Page 2 of 3
powered by Legistar™
161
File #: 25-0672, Version: 1
Construction is anticipated to begin and be completed in summer 2025, weather permitting.

FINANCIAL SUMMARY
With the transfer of funds in the amount of $50,000 from the Sidewalk, Curb, and Gutter Repairs Program Fiscal Year 2023-24 SB1, Project No. WD24004, to the Mormon Slough Improvements, Project No. WD25034, there will be sufficient funding available to award a Construction Contract to FBD Vanguard Construction, Inc. in the amount of $427,569.

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 Printed on 6/18/2025Page 3 of 3
powered by Legistar™
162

GRANT ST

HUNTER ST

AURORA ST

STKN COLL
ST

SCOTTS AV

ANDERSON ST

LAFAYETTE ST

MARKET ST

INDEPEN-
DENCE
PARK

JEFFERSON ST

RR (SPRR)

CENTER ST

CHURCH ST

HAZELTON

AVSPANOS
BN

LIBERTY
PARK

UPRR (SPRR)

SUTTER ST
ALEX G

MAIN ST
ELEM.

CALIF. ST
CALIF. ST

JACKSON ST
SONORA

BN&SF RR

GLEASON
PARK

JEFFERSON ST

PILGRIM

SAN JOAQUIN ST

WORTH S

SUTTER ST

ANDERSON ST

INTL ELEM

GRANT ST
HAZE
CT
UNIO
PAR

HUNTER ST

WEBER AV

STANISLAUS ST
CALIF. ST

SAN JOAQUIN ST

LAFAYETTE
PARK
S

STANISLAUS ST
WAH

AMERICAN ST

AMERICAN

UPRR (SPRR)

WORTH ST

WASHINGTON ST

AURORA ST

MARKET ST

SAN JOAQUIN ST GRANT ST
TEAM

CHARTER
SCHOOL

MARKET ST

EL DORADO ST

PILGRIM ST

CLAY ST

SUTTER ST
SONORA

STANISLAUS ST

AURORA ST

STKN COLL

INTL SEC

WEBER AV
ST

MERLOT LN

MORMON SLOUGH
C

HAZELTON AV
HUNTER

AMERICAN ST

MAIN ST

ANNEL ST

UNION ST

MAIN ST

AMERICAN ST

MORMONSLO

BN&SF RR

CHURCH ST
μ
0 0.06 0.12 0.18 0.240.03
Miles
Mormon Slough Improvements
Project No. WD25034

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
LEGEND
!( Curb Ramp Installation
Sidewalk Repair
Public Schools
Parks
$77$&+0(17$

SCOTTS AV
163
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE TRANSFER OF FUNDS, NOTICE OF EXEMPTION NO. NOE24-25, APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING

A CONSTRUCTION CONTRACT FOR THE MORMON SLOUGH IMPROV EMENTS, PROJECT NO. WD25034

On May 8, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Mormon Slough Improvements, Project No. WD25034; and

The project will remove, replace, and/or install sidewalks, curbs, and gutters, and Americans with Disabilities Act compliant curb ramps located near Spanos Elementary School. Improvements will also be made along Sutter Street between Hazelton Avenue and the railroad tracks , and along Aurora Street between Hazelton Avenue and Scotts Avenue; and

FBD Vanguard Construction, Inc. is the lowest responsive bidder in the amount of $427,569; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 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 $50,000 from the Sidewalk, Curb, and Gutter Repairs Program Fiscal Year 2023-24 SB1, Project No. WD24004, to the Mormon Slough Improvements, Project No. WD25034.

2. The City Council approves the filing of Notice of Exemption No. NOE24-25 under the CEQA for the Mormon Slough Improvements, Project No. WD25034, 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 Mormon Slough Improvements, Project No. WD25034.

4. The City Council awards a Construction Contract between the City of Stockton and FBD Vanguard Construction, Inc., in the amount of $427,569, 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.

//
164

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

PASSED, APPROVED, and ADOPTED June 24, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

165
TO: COUNTY CLERK

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 E Weber Ave., Ste 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: Mormon Slough Improvements, Project No. WD25034 CEQA Exemption File No.: NOE 24-25
Applicant: City of Stockton, Public Works Department
Project Description/Location: The City of Stockton's Public Works Department's scope of work includes the installation and/or removal and replacement of sidewalks, curb and gutters, and curb ramps along Sutter Street between Hazelton Avenue and Scotts Avenue.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California EnvirenmentalQuality-Act (GEQA}pursuantto-the following section(s) of the State CEQAGuidelines (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
By��
Adriana Garibay , rnjectMaager
May 81 2025
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
166
Loc
al Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)

CONSTRUCTION CONTRACT
T
his c ontract is made and entered into on _____________, by and between FBD VANGUARD CONSTRUCTION, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 550 GREENVILLE ROAD, LIVERMORE , CA 94550, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W
I T N E S S E T H:

W
HEREAS, plans and specifications for the construction of MORMON SLOUGH IMPROVEMENTS (PROJECT NO. WD25034), 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 ________________.

NO
W, THEREFORE , in consideration of the pr omises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SC
OPE 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. C
OMPENSATION. 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 $427,569.00, or as otherwise mutually agreed to in a Contract Change Order.

3. I
NSURANCE. 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

Page 1 of 38 ends

167
Loc
al Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (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.

T
he 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.

T
he limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A
ll 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.

P
olicies 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.

T
he CITY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

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

CO
NTRACTOR 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.

CO
NTRACTOR 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.

EXHIBIT 2

Page 2 of 38 ends

168

Local Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)

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 30 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 EXHIBIT 2

Page 3 of 38 ends

169
Loc
al Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)
during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A
working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of 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.

I
f 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. TI
TLE VI
T
itle 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-act- of-1964.

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

SCRIMINATION AND HARASSMENT POLICY
T
he 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, EXHIBIT 2

Page 4 of 38 ends

170
Loc
al Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)
investigating, and resolving complaints of discrimination and harassment in the workplace.
c. L

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e 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. PR

EVAILING WAGE
C
ONTRACTOR 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 Calif ornia. 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) EXHIBIT 2

Page 5 of 38 ends

171

Local Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)
hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. The CONTRACTOR to whom the contract is awarded shall 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 EXHIBIT 2

Page 6 of 38 ends

172
Loc
al Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)
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 depos it. 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.

A
ny 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.

P
rocessing 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.

C
ONTRACTOR 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.

EXHIBIT 2

Page 7 of 38 ends

173

Local Construction Contract – FBD VANGUARD CONSTRUCTION, INC. – PROJECT NO. WD25034 (Updated 10/18/23)

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:

FBD VANGUARD CONSTRUCTION, INC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

EXHIBIT 2

Page 8 of 38 ends

174

MORMON SLOUGH IMPROVEMENTS
PROJECT NO. WD25034

BIDDING 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.

Item Description Quantity Unit Unit price Total Price
1 Mobilization 1 LS 40,000- 40 1000-
2 Traffic Control 1 LS 21,224- 21,224
3 Water Pollution Control 1 LS (.o,000- c.o,·ooo-
4 Concrete Sidewalk Installation (All Work Complete In- 900 SF ·30- 21 ooo-Place) I 5 Concrete Sidewalk Removal and Replacement (All Work 2,825 SF 42- \ \ (s', uso-Complete In-Place) 6 Vertical Curb and Gutter Installation (All Work Complete 155 LF 74- \\,410-In-Place) 7 Vertical Curb and Gutter Installation (All Work Complete 180 LF 84 ... \S>\ 20-In-Place) 8 Curb-Ramp Installation Per COS Standard Detail R-64 13 EA l0,2CO- \�2, (90()-(All Work Complete In-Place) 9 Curb Ramp Installation Per COS Detail 'Wheelchair 1 EA Cf,000- 9,ooa-Ramp Modified A' (All Work Complete In-Place 10 Concrete Driveway Apron Installation up to 8" depth (All 135 SF 33- 4,455-Work Complete In-Place) 11 Concrete Driveway Apron Removal and Replacement up 610 SF 45- 27,4'50 ... to 8" depth (All Work Complete In-Place) Bid Forms Last Revised 03/05/2024

EXHIBIT A
EXHIBIT 2

Page 9 of 38 ends

175
Item
12 13
Description Quantity
Adjust Maintenance Hole to Grade 1
Remove and Replace additional AC pavement (up to 8" 300 thick) (All Work Complete In-Place) TOTAL BID $ 421 \ 5(p9
Unit Unit price Total Price
EA 2,CDOO ·'"' 2,eooo-
SF 20- Lo,ooo-
BIDDER'S NAME ,FBD Vanguard Construction, Inc.

Bid Forms Last Revised 03/05/2024

EXHIBIT A
EXHIBIT 2

Page 10 of 38 ends

176

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

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

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

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

1. 2.

3. List of Subcontractors
Non-Collusion Declaration
DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
FBD Vanguard Construction, Inc.

Name of Firm
550 Greenville Road
Address
833032 A,B,C-8
Contractor Lie. No. & Classification
(925)245-1300
Phone
Livermore
City
CA
State
90-0249076
Tax I.D. No.
94550
Zip
02/28/2026
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the repr esentations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Bid Forms

BIDDER SIGN
<= HERE Billie Sposeto, President
Title
Last Revised 03/05/2024

EXHIBIT A
EXHIBIT 2

Page 11 of 38177 ends

2/10/25, 12:50 PM
()4
- - � -
EST. UJ27 -- -- - -

FBD VANGUARD CONSTRUCTION INC
eCPR Public Search
Public Works Support
Contractors
Projects
Register
,Home ) Contractor ) FBD VANGUARD CONSTRUCTION INC

FBDVANGUARDCONSTRUCTION INC
Contractor
Contractor business email
[ [email protected]
Contractor c ation eff date
[ 2022-07-01
Contractor first name
Billie
Contractor mailing city
[ LIVERMORE
Log in
1 / 4

EXHIBIT A
EXHIBIT 2

Page 12 of 38178 ends

2/10/25, 12:50 PM
Contractor mailing state
CA
Contractor mailing zip
[ 94550
Contractor physical city
[ Livermore
Contractor physical state
CA
Contractor physical zip
[ 94550
Contractor certify date
[ 2022-05-19
Contractor company type
[ Corporation
Contractor craft legacy

FBD VANGUARD CONSTRUCTION INC
Operating Engineer; Laborer; Cement Maso
Contractor craft snow
Contractor c ation exp date
[ 2025-06-30
Contractor date deactivated
Contractor dba name

FBD VANGUARD CONSTRUCTION INC
2/4

EXHIBIT A
EXHIBIT 2

Page 13 of 38179 ends

2/10/25, 12:50 PM
Contractor entity number
[ C2278990
Contractor ID
[ 1000008493
Contractor last name
[ Sposeto
Contractor mailing address2
Contractor physical address1
[ 550 Greenville Rd.

Contractor physical address2
Contractor source
[ SNOW
Contractor we cert date
[ 2022-02-01
Contractor we exp date
[ 2023-02-01
Contractor we policy number
[ 54309637
Contractor we selection
[ Insured by carrier
Contractor legal entity name

FBD VANGUARD CONSTRUCTION INC
3/4

EXHIBIT A
EXHIBIT 2

Page 14 of 38180 ends

2/10/25, 12:50 PM FBD VANGUARD CONSTRUCTION INC
[ FBD VANGUARD CONSTRUCTION INC )
Contractor mailing address1
[ 550 GREENVILLE ROAD
Contractor wc carrier
[ FBD VANGUARD CONSTRUCTION INC
C] Checked
Terms.& Conditions
,Privacv Policy
Disclaimer
Nondiscrimination Notice
Accessibility
di,r.ca.gov
Copyright 2024 State of California
4/4

EXHIBIT A
EXHIBIT 2

Page 15 of 38181 ends

REV 2024-03-25
Exhibit B:

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

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

1. Co
mmercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Au
tomobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.

3. Wo
rkers’ 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. Ra
ilroad Protective Liability Insurance. Railroad Protective Liability insurance on behalf of City as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to City before the work may be commenced and until the original policy is forwarded to City.

5. Su
rety Bonds as described below.

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

Self -Insured Retentions

EXHIBIT B
EXHIBIT 2

Page 16 of 38 ends

182
REV 2024-03-25
S
elf-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.

O
ther Insurance Provisions
T
he insurance policies are to contain, or be endorsed to contain, the following provisions:

1. T
he 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. F
or 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.

EXHIBIT B
EXHIBIT 2

Page 17 of 38 ends

183
REV 2024-03-25

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

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

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

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

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

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

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

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

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

EXHIBIT B
EXHIBIT 2

Page 18 of 38 ends

184
REV 2024-03-25

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

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

Verification of Coverage

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond

EXHIBIT B
EXHIBIT 2

Page 19 of 38 ends

185
REV 2024-03-25

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

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

Certificate Holder Address

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

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

EXHIBIT B
EXHIBIT 2

Page 20 of 38 ends

186
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

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

EXHIBIT C
EXHIBIT 2

Page 21 of 38 ends

187
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 non employee 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 22 of 38 ends

188
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 23 of 38 ends

189
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 24 of 38 ends

190
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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 25 of 38 ends

191
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 26 of 38 ends

192
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 non employees 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 27 of 38 ends

193
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 non employee to cease the conduct.

EXHIBIT C
EXHIBIT 2

Page 28 of 38 ends

194
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 29 of 38 ends

195
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially

EXHIBIT C
EXHIBIT 2

Page 30 of 38 ends

196
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 31 of 38 ends

197
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 32 of 38 ends

198

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 33 of 38 ends

199

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 34 of 38 ends

200
BO

ND FOR FAITHFUL PERFORMANCE
KN
OW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and
, a c orporation, organized and existing under the laws of the State of and d uly 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 FOUR HUNDRED TWENTY - SEVEN THOU SAND FIVE HUNDRED SIXT Y-NINE AND 00/100 DOLLARS ($427,569.00), 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:

ORMON SLOUGH IMPROVEMENTS
(PROJECT NO. WD25034)
N
OW, 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 EXHIBIT 2

Page 35 of 38 ends

201

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

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY

By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

EXHIBIT 2

Page 36 of 38 ends

202

BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That we, FBD VANGUARD CONSTRUCTION, INC. a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

FOUR HUNDRED TWENTY -SEVEN THOUSAND FIVE HUNDRED SIXT Y-NINE AND 00/100 DOLLARS ($427,569.00) 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:

MORMON SLOUGH IMPROVEMENTS
(PROJECT NO. WD25034)

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 37 of 38 ends

203
t
his 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.

S
IGNED AND SEALED on .

APPR
OVED AS TO SURETY: By:

P RINCIPAL

S URETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

A TTORNEY-IN-FACT
By:

DEPUTY CI TY ATTORNEY
EXHIBIT 2

Page 38 of 38 ends

204
City of Stockton
Legislation Text
File #: 25-0355, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 5 FOR CITY OF

STOCKTON CUSTODIAL SERVICES

RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 5 in the amount of $1,115,201.26 with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM-22-005.

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 14, 2022, by Motion No. 2022-06-14-1212, Council awarded a Service Contract, in the amount of $5,147,404.59, to Imperial Maintenance Services, Inc. of Stockton, CA, for routine and specialized custodial services across 22 City-owned or leased facilities.

Contract Change Order (CCO) No. 5 adds supplemental kennel cleaning services at the Animal Services Center, additional custodial services at the Municipal Utilities Department (MUD) Administrative Building, and Public Works’ Fleet vehicle cleaning services to address operational needs and ensure clean, safe, and functional environments for City staff and the public.

It is recommended that Council approve CCO No. 5, in the amount of $1,115,201.26, with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM- 22-005 (Attachment A). The contract is set to expire on June 30, 2027. Funding for additional services will be encumbered on a fiscal year basis through the annual budgeting process (Attachment B). The total contract amount will be $6,767,601.97 through Fiscal Year (FY) 2026-27, with the option to extend the contract two additional years and increase the contract amount to $7,824,990.20.

DISCUSSION
Background
Public Works is responsible for custodial services for City facilities. The City does not have the staff resources to provide custodial services at all other City facilities. Public Works maintains a Service Contract with Imperial Maintenance Services, Inc. for routine and specialized custodial services across 22 City-owned or leased facilities. These services are critical to ensure clean, safe, and functional environments for City staff and the public.

City of Stockton Printed on 6/18/2025Page 1 of 2
powered by Legistar™
205
File #: 25-0355, Version: 1
On June 14, 2022, by Motion No. 2022-06-14-1212, Council awarded a multi-year Service Contract, in the amount of $5,147,404.59, to Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM-22-005. The contract expires on June 30, 2027, and allows for the option of two one-year extensions.

CCO Nos. 1 through 4, in the amount of $504,996.12, were previously approved under the administrative change order authority allowed under the original contract.

The previously approved CCOs generally included additional services for the Stockton Animal Services Center, Oak Park pool off-season cleaning, and other Citywide janitorial services. The Animal Services Center has requested continuing supplemental kennel cleaning services for the life of the contract. MUD requires an increase in services to accommodate the new Regional Wastewater Control Facility buildings, and Public Works’ Fleet section has requested the addition of vehicle cleaning services throughout the life of the contract.

Present Situation
CCO No. 5 adds supplemental kennel cleaning services at the Animal Services Center, increased cleaning at the MUD Administration Building, and fleet vehicle cleaning services at Main PD.

Enhanced services included in CCO No. 5 support the City’s commitment to maintaining exceptional service standards. Council approval is needed as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.

It is recommended that Council approve CCO No. 5, in the amount of $1,115,201.26, with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM- 22-005 (Attachment A). Funding for additional services will be encumbered on a fiscal year basis through the annual budgeting process (Attachment B). The total contract amount will be $6,767,601.97 through FY 2026-27, with the option to extend the contract two additional years and increase the contract amount to $7,824,990.20.

FINANCIAL SUMMARY
The Service Contract with Imperial Maintenance Services, Inc. for City of Stockton Custodial Services, Project No. OM-22-005, is funded from various City department operating accounts and encumbered on a fiscal year basis. Funding for these services has been allocated in the various operating budgets for Fiscal Years 2025-26.

Attachment A - CCO No. 5 with Imperial Maintenance Services, Inc.

Attachment B - Department Financial Breakdown
City of Stockton Printed on 6/18/2025Page 2 of 2
powered by Legistar™
206
207
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM-22-005

FINANCIAL BREAKDOWN BY ACCOUNT
BASELINE CONTRACT - JULY 1, 2022 THROUGH JUNE 30, 2027

ACCOUNT NAME FUND NAME ACCOUNT NUMBER
FY 2024-25

NOT TO EXCEED
FEE
FY 2025-26

NOT TO EXCEED FEE
FY 2026-27

NOT TO EXCEED FEE TOTAL
Public Works Fleet General Fund 4530-707-630006-500-000-00-45-000-000- 63,104.58$ $ 248,593.80 $ 248,593.80 $ 560,292.18 MUD Account,
MUD Admin – Water
Utility Customer
Service Fund 6511-502-630006-600-000-00-65-000-000- -$ $ 4, 331.11 $ 4,331.11 $ 8,662.22 MUD Account,
MUD Admin – Wastewater
Utility Customer
Service Fund 6511-502-630006-610-000-00-65-000-000- -$ $ 1, 998.97 $ 1,998.97 $ 3,997.94 MUD Account,
MUD Admin – Stormwater
Utility Customer
Service Fund 6511-502-630006-620-000-00-65-000-000- -$ $ 333. 16 $ 333. 16 $ 666. 32 Police Department Account,
Animal Shelter General Fund 3513-303-630006-100-000-20-35-000-000- $ 270,791.30 $ 270,791.30 $ 541,582.60 TOTALS 63,104.58$ 526,048.34$ 526, 048.34$ 1, 115,201.26$

Page 1 of 1 ends

ATTACHMENT B
208
City of Stockton
Legislation Text
File #: 25-0497, Version: 1

APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR ON-CALL ARBORIST SERVICES FOR THE TRANSFORMATIVE CLIMATE COMMUNITIES GRANT ROUND 4

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

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

2. Award a Service Contract to CalTLC dba California Tree and Landscape Consulting, Inc. of Auburn, CA, in the amount of $293,920, for On-Call Arborist Services for the Transformative Climate Communities Grant Round 4, Project No. OM-24-095/WE24052.

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 October 27, 2022, the California Strategic Growth Council (SGC) awarded the City a $24,165,510 Round 4 Implementation Grant for Stockton Rising through the Transformative Climate Communities (TCC) program. On September 12, 2023, Council authorized the execution of a grant agreement for the Urban Forest Renovation project in the amount of $4,509,930. The project will create a sustainable urban forestry program that will plant and manage trees to improve the quality of life of residents.

On November 5, 2024, the City advertised a Request for Proposals (RFP) for On-Call Arborist Services for the TCC Grant Round 4, Project No. OM-24-095/WE24052. On December 4, 2024, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found CalTLC dba California Tree and Landscape Consulting, Inc. to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Service Contract, in the amount of $293,920, with CalTLC dba California Tree and Landscape Consulting, Inc. for On-Call Arborist Services for the TCC Grant Round 4 project (Attachment A).

DISCUSSION
Background
On August 21, 2018, by Resolution No. 2018-08-21-1111, Council approved an application for a TCC City of Stockton Printed on 6/20/2025Page 1 of 3
powered by Legistar™
209
File #: 25-0497, Version: 1
Planning Grant in the amount of $170,000. The Planning Grant activities were carried out from October 2018 to October 2019. The results of those activities, such as the development of the Sustainable Neighborhood Plan, sought to directly capture the perspectives of residents and translate them into actionable strategies, such as reducing the cost of utilities through renewable energy sources. Following the conclusion of the Planning Grant activities, City staff worked with a coalition of partners and stakeholders to develop an application for a TCC Round 3 Implementation Grant in the amount of $28,200,000, resulting in a partial award of $10,834,490.

Because the City was not provided with a full TCC Round 3 Implementation Grant award, the SGC modified the rules to allow the City to apply for another TCC Implementation Grant during Round 4.

On June 21, 2022, by Resolution No. 2022-06-21-1207, Council approved an application for a TCC Round 4 Implementation Grant in the amount of $24,165,510. On October 27, 2022, the SGC awarded the City a $24,165,510 Round 4 Implementation Grant for Stockton Rising through the TCC program. The Round 4 Implementation Grant began immediately following the conclusion of the Round 3 Implementation Grant on September 30, 2023.

On September 12, 2023, by Resolution No. 2023-09-12-1502, Council authorized the TCC Round 4 Implementation Grant for the Urban Forest Renovation project in the amount of $4,509,930. The project will create a sustainable urban forestry program that will plant and manage trees to improve the quality of life of residents. The project includes the removal of 500 stumps and planting of approximately 1,500 trees at locations where trees were lost to natural events. The Public Works Department will work alongside Little Manila Rising to implement this project.

Present Situation
On November 5, 2024, the City advertised an RFP for On-Call Arborist Services for the TCC Grant Round 4, Project No. OM-24-095/WE24052. On December 4, 2024, two proposals were received from the following firms:
· Davey Resources Group, Inc. (Kent, OH)
· CalTLC dba California Tree and Landscape Consulting, Inc. (Auburn, CA) The Selection Committee, comprised of Little Manila Rising staff and Public Works staff, evaluated and ranked the proposals based on each firm’s experience, references, quality of work, qualifications of staff, and ability to support the TCC project area’s urban forest. CalTLC dba California Tree and Landscape Consulting, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm to perform the work.

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:

City of Stockton Printed on 6/20/2025Page 2 of 3
powered by Legistar™
210
File #: 25-0497, Version: 1

1. The City does not have sufficient staff and expertise to support this project.

2. The scope for on-call arborist services requires an experienced, qualified, and certified firm that specializes in urban forestry.

3. CalTLC dba California Tree and Landscape Consulting, Inc. is a qualified firm that successfully provides qualified arborists and tree services.

4. Use of the RFP process is appropriate for this Service Contract because it relies on the evaluation of professional qualifications and performance as the basis for 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.

FINANCIAL SUMMARY
There is sufficient funding available in the TCC Grant Round 4 Urban Forest Renovation, Project No.

WE24052, to award a Service Contract to CalTLC dba California Tree and Landscape Consulting, Inc. of Auburn, CA, in the amount of $293,920, for On-Call Arborist Services for the TCC Grant Round 4, Project No. OM-24-095/WE24052.

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 - Service Contract with CalTLC dba California Tree and Landscape Consulting, Inc.

City of Stockton Printed on 6/20/2025Page 3 of 3
powered by Legistar™
211

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052
(U
pdated 10/18/23)

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“CITY), and CALTLC DBA CALIFORNIA TREE AND LANDSCAPE CONSULTING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 411 GRASS VALLEY HIGHWAY #1050, AUBURN, CA 95603, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4 (PROJECT NO. OM-24-095/WE24052), hereinafter referred to as “SERVICE”.

RECITALS
A. CONT
RACTOR 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. CONT
RACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

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

D. CI
TY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

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

1. SCO
PE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COM
PENSATION. C ITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice

ATTACHMENT A

Page 1 of 41 ends

212

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052
(U
pdated 10/18/23)
for completed work. Total compensation for services and reimbursement for costs shall not exceed $293,920.00 or as otherwise mutually agreed to in a Contract Amendment.

Pur
suant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. a. Inv
oices submitted by CONTRACTOR to C ITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon c
ompletion of work and acceptance by C ITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. C ITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INS
URANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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

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

ATTACHMENT A

Page 2 of 41 ends

213

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052

(Updated 10/18/23)
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 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 co mpleted operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONTRACTOR.

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

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or

ATTACHMENT A

Page 3 of 41 ends

214

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052
(
Updated 10/18/23)
damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on December 31, 2027 , unless extended by mutual agreement through the issuance of a Contract Amendment.

5. CO
NFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TI
TLE VI
T
itle 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.

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

SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy (Exhibit D).

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
T
he 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=LA B&division=2.&title=&part=7.&chapter=1.&article=2.
d. PR

EVAILING WAGE

ATTACHMENT A

Page 4 of 41 ends

215

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052

(Updated 10/18/23)
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 insure that the prevailing wage rates of concern is current and paid to the employee.

i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any
subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S

ATTACHMENT A

Page 5 of 41 ends

216

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052

(Updated 10/18/23)
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.

e. LOCAL EMPLOYMENT ORDINANCE

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.

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

Any such changes will be set forth in a C ontract 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.

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

8. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is

ATTACHMENT A

Page 6 of 41 ends

217

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052

(Updated 10/18/23)
executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services.

Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

10. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the C ITY. The persons engaged in the work, including employees of subcontractors and suppliers , will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.

ATTACHMENT A

Page 7 of 41 ends

218

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052
(U
pdated 10/18/23)

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

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

12. HEADINGS NO T CO NTROLLING. Headings us ed i n the C ontract ar e f or reference purposes only and shall not be considered in construing this Contract.

13. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: CalTLC dba California Tree and To City: Public Works Director Lands
cape Consulting, Inc. City of Stockton
411 Grass Valley Highway #1050 22 E. Weber Ave., Rm. 301 Auburn, CA 95603 Stockton, CA 95202

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

15. RECO
RDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY , or a designated representative, with necessary information and assistance.

CONT
RACTOR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

16. CONF
IDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

17. CONF
LICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY . CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any

ATTACHMENT A

Page 8 of 41 ends

219

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052

(Updated 10/18/23)
manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

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

19. 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.

20. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.

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

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

ATTACHMENT A

Page 9 of 41 ends

220

ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4, PROJECT NO. OM-24-095/WE24052
(Updated 10/18/23)

23. 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.

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

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

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON CALTLC DBA CALIFORNIA TREE AND
LANDSCAPE CONSULTING, INC.

By: By:

STEVE COLANGELO Signature

INTERIM CITY MANAGER
ATTEST:

Print Name
By: ___
KATHERINE ROLAND, CMC, CPMC Title:

CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY

ATTACHMENT A

Page 10 of 41 ends

S
ignature
Kari Gilleran
Office Manager/Corporate Secretary
221

REQUEST FOR PROPOSALS

ON-CALL ARBORIST SERVICES FOR

TRANSFORMATIONAL CLIMATE COMMUNITY
GRANT ROUND 4
P
roject No. OM-24-095/WE24052
I
ssued by:

Cit
y of Stockton Public Works Department
Operations and Maintenance
1465 S. Lincoln St., Stockton, CA 95204
Date Issued: November 5, 2024,
D
ate Proposals Due: December 4, 2024, by 3:00 P.M.

EXHIBIT A

ATTACHMENT A

Page 11 of 41 ends

222
Table of Contents
Table of Contents ............................................................................................................... 2 INTRODUCTION ................................................................................................................ 3 PROJECT DESCRIPTION.................................................................................................. 3 PROJECT GENERAL INFORMATION ............................................................................... 3 Proposal Evaluation ............................................................................................................ 4 Negotiations ........................................................................................................................ 4 Proposal Questions and Requests for Clarification ............................................................. 5 Causes for Disqualification ................................................................................................. 5 Licensing Requirements ..................................................................................................... 5 Department of Industrial Relations ...................................................................................... 6 Product Ownership ............................................................................................................. 6 Acceptance or Rejection of Proposal .................................................................................. 6 Cover Letter ........................................................................................................................ 7 Table of Contents ............................................................................................................... 7 Executive Summary ............................................................................................................ 7 Project Team ...................................................................................................................... 7 Project Understanding ........................................................................................................ 7 Detailed Work Plan ............................................................................................................. 7 Examples of Experience with Similar Types of Work .......................................................... 8 References ......................................................................................................................... 8 Schedule ............................................................................................................................. 8 Cost Proposal ..................................................................................................................... 8

4.0 SCOPE OF WORK ...................................................................................................... 8

5.0 Work Activities ............................................................................................................. 9 ATTACH
MENTS: .............................................................................................................. 10

EXHIBIT A

ATTACHMENT A

Page 12 of 41 ends

223

INTRODUCTION
T
he City of Stockton Public Works Department is requesting Proposals from qualified , community-trusted, and DIR -registered tree services companies /individuals for on- call arborist services for the City of Stockton’s urban forest within the Transformational Climate Communities (TCC) grant area in central/south Stockton. Tree planting and policy work will be done under Round 4 of the TCC grant until all deliverables are reached, or September 2027. The City of Stockton has partnered with Little Manila for its second round of an Urban Greening project that will plant a total of 1,500 trees before September 2027.

T
he City is seeking an individual/company to work with the City and its urban greening grant partners on a variety of projects including staff and volunteer training on tree planting and maintenance, and tree policies and procedures in the TCC area. The Contract Arborist will be an ISA -certified Arborist, with or working towards the ISA -certified Arborist Municipal Specialist designation.

ROJECT DESCRIPTION
T
he overall goal of this project is to support the Transformative Climate Community (TCC) project area’s urban forest (see Attachment A). The Contract Arborist will identify planting sites and stumps in the project area, provide instruction and support to city staff, volunteers, and partner organizations that are part of or are supporting maintenance to the urban forest within the project area. The Contract Arborist may also provide tree identification, tree risk assessments and other tree health assistance, as well as analysis of City completed tree inventories.

OJECT GENE RAL INFORMATION
K
atrina Tavares
ATTN: OM-24-095

CITY OF STOCKTON
1465 S. LINCOLN ST.

STOCKTON, CA 95206
Th
e proposal shoul d be firmly sealed in an envelope which will clearly be marked on the outside with “ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4” for the City of Stockton (Project OM-24-095/WE24052).

The cost proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted.

EXHIBIT A

ATTACHMENT A

Page 13 of 41 ends

224
Proposal Evaluation

A selection committee will evaluate all proposals. This is a qualification and cost-based selection, so ranking will be in accordance with the attached Evaluation Scoring Worksheet (see Attachment B). Cost proposals will not be opened until after other categories have been evaluated. Local preference will also be a factor, so Stockton firms are highly encouraged to submit proposals.

Negotiations

City staff will begin negotiations with the highest ranked firm /Contract Arborist . If an agreement cannot be reached after a reasonable period, as determined by the City, the City will terminate negotiations with the number one ranked firm and negotiations will be opened with the second ranked firm. The compensation discussed with one prospective firm/Contract Arborist will not be disclosed or discussed with another firm/Contract Arborist.

The selected firm/Contract Arborist will be ex pected to enter a Profes sional Services Contract with the City. Proposers should direct their attention to Attachment C, Instructions to Proposers for the most current i nsurance and indemnification language. It is ex pected that the successful proposer will accept these terms without modification.

A Contract shall not be in f orce until the Council approves the contract an d it is signed by the City Manager. Work performed before the issuance of a Notice to Proceed can not be paid by the City.

PROPOSAL EVALUATION
The City of Stockton will follow the consultant selection schedule below but reserves the right to modify the schedule in any manner necessary that serves the best interests of the City. Dates are tentative. All dates are 2024.

Event
Date

Post Request for Proposals November 5, 2024
Written Questions submitted by November 18, 2024, by 3:00 P.M.

Response to Written Questions November 21, 2024, by 3:00 P.M.

Proposals due December 4, 2024, by 3:00 P.M.

EXHIBIT A

ATTACHMENT A

Page 14 of 41 ends

225
Proposal Questions and Requests for Clarification
A
ny question or request for clarification shall be submitted in writing to:

[email protected].

R
equests for clarification shall be submitted at least ten ( 10) business days prior to the proposal due date. If a response warrants an addendum to the RFP, such addendum will be emailed at least two days prior to the proposal due date. It is the proposer’s responsibility to include a copy of such emai l response with his proposal. The response will al so be emailed to the other proposers.

Cau
ses for D isqualification
A
ny of the following may be considered cause to disqualify a proposal:
• E
vidence of collusion among proposers
• Any attempt to improperly influence any member of the evaluation panel • A proposer’s default or breach of contract in previous work that resulted in termination of that agreement and/or
• Existence of any lawsuit, unr esolved contractual claim, or dispute between proponent and the City.

Li
censing Requirements
A
ny professional certifications or licenses that may be required are the sole cost and responsibility of the proposer. Contract Arborist will be expected to have and retain Arborist credentials through the International Society of Arborists (ISA) throughout the term of this contract.

T
here is a strong preference to hir e an ISA-Certified Arborist Municipal Specialist, or a certified A rborist who is working toward that certification. Knowledge of Integrated Pest Management practices is also a preference that may be taken under consideration by the City.

A
City of Stockton business license is required. Please contact the City of Stockton Business License Customer Service at (209) 937-8313.

I
nsurance Requi rements
T
he proposer must obtain and maintain the required insurance. Proposer should review Attachment C, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

EXHIBIT A

ATTACHMENT A

Page 15 of 41 ends

226
Department of Industrial Relations
P
lease refer to Attachment C, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.

P
roduct Owner ship
Any d
ocuments resulting from the performance of work in the contract will become property of the City. This includes all work performed by subcontractors.

A
cceptance or Rejection of Proposal
T
he City reserves the right to negotiate an agreement with the firm submitting the highest - ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

QUIRED PROPOSAL CONTENT
T
he proposal shall contain the following, at a minimum:
•
Cover Letter
• Table of Contents
• Executive Summary
• Project Team
• Project Understanding
• Detailed Work Plan
• Examples of experience with similar types of work
• References
• Schedule
• Cost Proposal
T
he body of the technical proposal shall not exceed 20 pages w ith a minimum font size of

10. Proposer shall submit 6 sets of the proposal. The maximum allowable length is exclusive of any folder, cover, or section dividers. Proposals shall be no more than 25 pages, including resumes and the cover letter. The proposal shall also be submitted on a USB flash drive clearly labeled with the proposer’s name. An electronic copy of the cost proposal should not be included on the flash drive.

EXHIBIT A

ATTACHMENT A

Page 16 of 41 ends

227
Cover Letter

The letter shall be signed by an official with the authority to negotiate and contractually bind the firm wi th the City of St ockton. Pr ovide name, title, address, email, and telephone number for this officer. Describe any subcontract arrangements or licensing agreements.

Include any potential conflict of interest.

Table of Contents

The proposal should include a table of contents.

Executive Summary

The Executive Summary shall include a summary of the proposal, emphasizing the approach to be taken and including a work plan, schedule, and description of the capabilities of the Contract Arborist. The summary should convey an understanding of the purpose of the project and the services required for performance.

Project Team

Describe the approach and methods for managing the project. Describe your team organization, if existing, including the qualifications of the prime Contract Arborist.

Project Understanding

Describe your understanding of the needs of the “ON-CALL ARBORIST SERVICES FOR TRANSFORMATIONAL CLIMATE COMMUNITY GRANT ROUND 4.”

Detailed Work Plan

Provide a proposed work plan for development and implementation of the program as described in the Scope of Work. Describe the proposed approach and the activities to be accomplished. Describe how the Contract Arborist will complete each task. Alternative approaches to the project can be submitted if a rationale is given for the suggested changes.

The following should be addressed:
• S tump and planting site identification within the TCC project area • T ree risk assessments
• City Tree List Updates
• Community Education
• Tree Policy work
• Planting Plans
• Maintenance Planning

EXHIBIT A

ATTACHMENT A

Page 17 of 41 ends

228
Examples of Experience with Similar Types of Work
P
rovide examples of projects similar in scope and size to this project.

R
eferences
P
rovide three client references for the firm, two of which are familiar with the Contract Arborist. This shall include the name, company, contact information, and description of related work that was provided to the client.

S
chedule
P
rovide a project schedule with working days throughout the grant period, based on available funding. The selected Contractor shall be expected to begin work immediately after Notice to Proceed.

C
ost Proposal
P
rovide a price breakdown for all items listed in the proposal inclusive of all tasks described under the Scope of Services and proposer’s rates for additional services relevant to the project but not specifically described under the Scope of Service.

T
he cost proposal must be in a sealed envelope separate from the proposal.

A
n electronic copy of the cost proposal should not be included on the flash drive. 4 .0 SCOPE OF WORK
T
he overall goal of this project is to support the Transformative Climate Community (TCC) project area’s urban forest. The Contract Arborist will be an integral part of the TCC Urban Greening Project for Round 4 and will regularly inspect trees planted under the TCC grant.

Maintenance needs will be communicated to the City of Stockton and Little Manila Rising (LMR) through the City’s Parks TCC Project Manager.

T
he Contract Arborist will perform arborist duties as assigned by the City Parks Manager or his representative throughout the Transformative Climate Community project area (Attachment A). The Contract Arborist will advise both the City and their urban greening TCC partner, Little Manila Rising’s urban forestry team. This will include identification of stump removal and tree planting sites in the TCC area, reviewing and providing recommendations for updates to the City Tree List, instructing volunteers, student workers and residents on the importance of trees, tree planting and tree care. The Contract Arborist may be asked by the City to conduct community tree workshops with TCC partners. The Contract Arborist may also be asked to assist with tree identification, perform tree risk assessments and other tree health assistance in the TCC project area.

EXHIBIT A

ATTACHMENT A

Page 18 of 41 ends

229
The Contract Arborist will assist the City by verifying the accuracy of its tree inventory in the TCC project area. The City’s concurrent inventory includes an evaluation of its urban forest in the City rights-of-way. The evaluation includes but is not limited to: the extent of tree root sidewalk damage, the need to add trees , the need to remove diseased, dying and hazardous trees, and replacing s uch trees with a variety of climate -appropriate, disease- resistant trees.

LM
R and the City would like the Contract Arborist to be available to go on nursery days to pick the best tree stock for plantings. Weekend work with volunteers is expected of the Contract Arborists approximately once a month.

T
his is primarily a field/remote position where the Contract Arborist will be required to provide his or her own vehicle and is required to maintain active insurance and registration.

In addition, the Contract Arborist is required to provide his/her own computer, phone, and other items as may be deemed necessary by the City or by the task. There will be occasions when in-person meetings with City or Little Manila Rising staff are necessary, in the office, remotely via Teams, and/or in the field. City staff for this project are available Monday - Friday from 7 a.m. to 4:30 p.m., with City offices closed every other Friday.

The Contract Arborist must provide own laptop and/or tablet with a field internet connection so that they can use both during the TCC project.
5 .0 Work Activities
A
ll urban forestry activities under the TCC grant are informed and ruled by Cal FIRE requirements and best management practices. The Contract Arborist should be familiar with Cal FIRE expectations and may use the following Cal FIRE -recommended resources (among others) for work with the City of Stockton.

C
AL FIRE Recommends that TCC grantee s should strongly consider using the following resources.

1. Sel
ecTree: Identify suitable species with desirable attributes.

2. V
ibrant Cities Lab: “the U.S. Forest Service, American Forests and the National Association of Regional Councils created Vibrant Cities Lab to help city managers, policymakers and advocates build thriving urban forest programs.”

3. U
FMP Toolkit: Provides a “how -to” approach to develop and Urban Forest Management Plan (UFMP). The toolkit will lead you through a planning process and provide helpful references and additional tools.

4. T
he American Public Works Association Guide for Urban Forest Management Plans.

5. iT
ree: A series of urban forest analysis tools are available for free on the iTree website

EXHIBIT A

ATTACHMENT A

Page 19 of 41 ends

6. Arbor Day Foundation’s Tree City USA. Contract Arborist should work with TCC Project Manager on scheduling an Arbor Day ceremony and participating in annual Arbor Day celebrations.

C
oordination/Meetings
T
he City Project Manager will be available from 7:30 a.m. until 4:30 p.m. weekdays for questions from the Proposer. City offices are closed every other Friday. The Proposer shall be responsible for communication with the Project Manager via email and/or phone as often as necessary to assure on-schedule completion of the contract.

AT
TACHMENTS:

At
tachment A – Map of TCC Project Area
Attachment B – Evaluation Scoring Sheet
Attachment C - Instructions to Proposers – non-federally funded projects

EXHIBIT A

ATTACHMENT A

Page 20 of 41 ends

231

Detailed Work Plan
Once the project is accepted, CalTLC staff will meet with the Stockton representatives, all City staff, nonprofit and volunteer coordinators to put together the team that will accomplish the project.

The locations provided in the Request for Proposals will be prioritized and inspections scheduled with training for any local people interested in participating and growing the community support for trees. • Stump and
planting site identification within the TCC project area – Existing tree stumps to be removed will be identified and mapped. Potential planting sites will be identified and mapped. Underground Services Alert will be contacted to check the areas for utility conflicts and a list prepared of potential planting sites. • Tree risk assessments – trees that are identified to be assessed will be scheduled. A Level 2 360-degree inspection from the ground will be performed based on the ISA Best Management Practices for Matrix Based Tree Risk Assessment. A risk rating and mitigation options are provided for each tree. If requested, a full report can be completed, or a risk rating can be provided for each tree. When the Level 2 assessment does not provide enough information, a Level 3 assessment will be identified to confirm the best information for mitigation options decision making. All CalTLC staff performing assessments are ISA TRAQ qualified. • City Tree List Updates – CalTLC staff will review the tree list and suggest modifications and updates. As necessary, diversity goals will be included with the list so we minimize the monoculture plantings in the community. The ability to purchase trees on the list will also be considered, and Stockton may desire to contract grow species not currently available.
• Community Education – CalTLC will work with the City and nonprofits to schedule training to elevate the benefits of trees, how to sustainably grow trees, and how individuals can contribute to the community tree canopy on their properties. Public trees often only contribute between 20 and 50 percent of the community canopy, so 50 to 80 percent of the canopy is reliant on private property contributions. • Tree Policy work – The best goal to lead tree policies in communities is a community tree canopy goal. Once the agreed upon goal is in place, the policies, practices, and protocols to achieve the canopy are supported in achieving the goal. What is the best way to grow our canopy? Existing trees. So, we should protect all existing trees and especially trees planted for mitigation or parking lot shade. When a project is proposed that will impact the canopy, how is that canopy impact going to be mitigated or replaced? How do we best grow our trees? Following industry best practices, setting pruning specifications, requiring tree management plans with landscape designs on projects, all long-term steps to growing our canopy and achieving our goals. When the canopy in many areas of town is low, that can be the focus of efforts to improve the canopy cover. In the end, the policies have to make sense, be reasonable, and show how they are in line with the community goals. • Planting Plans – We follow the pedestal approach to tree planting and have details explaining the method of tree planting. The plans to place trees have to be planting trees in locations where they can grow to maturity.

Occasionally, planting sites have to be adjusted to create space for the trees to grow and avoid the likelihood of premature removal due to infrastructure conflicts. Each location where trees are proposed will be inspected and a workable planting plan will be provided. Trees can be planted by trained volunteers. Working with City staff to support volunteers and excite volunteers about planting trees is the way to shift budgets and provide more funds for maintenance.
• Maintenance Planning – Tree watering and young tree pruning can be performed by trained volunteers.

Sustainable watering is targeting and focusing the water on the tree root system, and deep water less frequently in sites covered with wood chip mulch. CalTLC staff will train volunteers and lead pruning events to lead volunteers in pruning the trees they planted and other small trees. They will learn effective watering skills to reduce water loss while irrigating trees.

EXHIBIT A

ATTACHMENT A

Page 21 of 41 ends

232

This can free up the large tree maintenance for City staff or contractors and improve the focus of budgets on maintaining all the trees in the Stockton community. The additional benefit is people will utilize these skills on their private trees to contribute to the Stockton tree canopy.

CalTLC staff will meet with the City staff and other interested parties to discuss and develop a maintenance plan.

There are many nonprofits and volunteer groups, and City-led activities that will promote proper planting, maintenance, and care of the trees in the Stockton community. Supporting the trees and tree canopy goals should get positive media coverage to further support the proper maintenance of trees. If an inventory is available, a maintenance plan can be developed. If an inventory is not available, when trees are maintained, the inventory should be updated. Each new tree planted should be inventoried and updated with each site visit Schedule
The project schedule is intended to be a starting point for scheduling the work to be completed by September 2027.

The on-site meetings and schedule for all the work will be initiated within the first 20 days of the Notice to Proceed date with the intent to complete the tree List updates, ordinance, policy, specifications, and standards reviews within 90 days. Planting plans and maintenance plans to develop and put into practice may take up to 6 months, plus public education time.

The Community Education will be coordinated with planting events and additional events for public education scheduled as the community requests and supports.

The inspections for stumps, planting spaces and planting events will proceed as scheduled, with the number of trees per event planned to meet the final goal of 1,500 trees by September 2027.

Tree risk assessments will be scheduled and completed as requested by the City.

The overall goals of the canopy cover and updating policy work items will be scheduled with the necessary timelines if City Council approval is needed, or if staff can adjust practices without Council approval.

The planting events are at least one per month, and there could be as many as 33 events until September 2027. That is between 40 and 50 trees per event and is a workable number that I have participated in Sacramento Tree Foundation, Redwood City’s CityTrees, and Rancho Cordova with the Sacramento Tree Foundation.

EXHIBIT A

ATTACHMENT A

Page 22 of 41 ends

233
Cost Proposal
The cost proposal by work plan task:
• Stump and planting site identification within the TCC project area - 160 hours @ $220 per hour= $35,200 • Tree risk assessments - Level 2 $330 per tree as assigned. If a report is required, add $330 per report. • City Tree List Updates - 10 hours @ $220 per hour= $2,200 • Community Education - 6 hours per event @ $220 per hour= $1,320 per event. If 10 per year for 3 years 30 events = $39,600
• Tree Policy work - Set tree canopy goal. Discuss policies, practices, and protocols to achieve the canopy are supported in achieving the goal. Set policies base on industry best practices, writing pruning specifications, require tree management plans with project landscape designs - 50 hours @ $220 per hour = $11,000
• Planting Plans - Inspect and locate trees, create lists, and provide information for volunteers to visit the sites and communicate with the adjacent property owners - 24 hours each event $5,280; if 30 events= $158,400
• Maintenance Planning - 16 hours @ $220 per hour= $3,520 Some of these activities may be able to be performed by CalTLC associate Certified Arborists.

Our Lead and Consulting Arborists are $220 per hour.

Our associate certified Arborists are available at $180 per hour. With project training and movement through the project phases funds can be saved for other use.

Our administrative staff is available at $80 per hour to assist with the administrative needs.

The RFQ didn't list specific number focus other than 1,500 trees by Little Manila. The 5 square mile area showed the streets, it didn't focus on which specific areas are to be addressed. That will be determined in our conversations and initial discussion. Therefore, the total for the project is difficult to calculate. If exact planting locations and blocks to be inspected were provided, as well as a range of tree inspections and public event activities, a final cost figure could be calculated.

EXHIBIT B

ATTACHMENT A

Page 23 of 41 ends

234
REV 2024-03-25
Exhibit C:

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

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

1. Co
mmercial 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. Au
tomobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage.

3. Wo
rkers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or

EXHIBIT C

ATTACHMENT A

Page 24 of 41 ends

235
REV 2024-03-25
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

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

EXHIBIT C

ATTACHMENT A

Page 25 of 41 ends

236
REV 2024-03-25
Self -Insured Retentions
S
elf-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1 . The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

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

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

Verification of Coverage
C
ontractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and

EXHIBIT C

ATTACHMENT A

Page 26 of 41 ends

237
REV 2024-03-25
endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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, 3
rd Floor – HR
Stockton, CA 95202

EXHIBIT C

ATTACHMENT A

Page 27 of 41 ends

238
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

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

EXHIBIT D

ATTACHMENT A

Page 28 of 41 ends

239
Subject:

CITY OF STOCKTON, CALIFORNIA

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.

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 D

ATTACHMENT A

Page 29 of 41 ends

240
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:

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.

EXHIBIT D

ATTACHMENT A

Page 30 of 41 ends

241
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

EXHIBIT D

ATTACHMENT A

Page 31 of 41 ends

242
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

EXHIBIT D

ATTACHMENT A

Page 32 of 41 ends

243
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:

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.

EXHIBIT D

ATTACHMENT A

Page 33 of 41 ends

244
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.

EXHIBIT D

ATTACHMENT A

Page 34 of 41 ends

245
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

EXHIBIT D

ATTACHMENT A

Page 35 of 41 ends

246
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:

EXHIBIT D

ATTACHMENT A

Page 36 of 41 ends

247
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially

EXHIBIT D

ATTACHMENT A

Page 37 of 41 ends

248
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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.

15. Conduct follow-up interviews, if warranted.

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

EXHIBIT D

ATTACHMENT A

Page 38 of 41 ends

249
Subject:

CITY OF STOCKTON, CALIFORNIA

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

2. Unfounded: The investigation proved that the act(s) or omission(s)

EXHIBIT D

ATTACHMENT A

Page 39 of 41 ends

250

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

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

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

EXHIBIT D

ATTACHMENT A

Page 40 of 41 ends

251

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.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1

EXHIBIT D

ATTACHMENT A

Page 41 of 41 ends

252
City of Stockton
Legislation Text
File #: 25-0558, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 6 FOR THE MCKINLEY

PARK RENOVATION PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 6, in the amount of $284,064.10, with Otto Construction, Inc. of Sacramento, CA, for the McKinley Park Renovation, Project No. WR21017.

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 February 6, 2024, by Resolution No. 2024-02-06-1502, Council awarded a Construction Contract in the amount of $11,394,400 to Otto Construction, Inc. of Sacramento, CA, for the McKinley Park Renovation, Project No. WR21017.

To date, five Contract Change Orders (CCOs) have been administratively approved by the City Manager. The CCOs were needed to correct unforeseen site conditions, modify the design to meet field conditions, and upgrade other existing park amenities to improve the overall park usability for the neighborhood. Council approval is required for CCO No. 6, in the amount of $284,064.10, as the cumulative amount of CCO Nos. 1 through 6 will exceed the administrative change order authority allowed under the existing contract. Council approval will reset the administrative change order authority for this project, no additional funding is being requested.

It is recommended that Council approve CCO No. 6 in the amount of $284,064.10 with Otto Construction, Inc. for the McKinley Park Renovation project.

DISCUSSION
Background
The McKinley Park and Community Center is located at 424 East 9th Street (Attachment A). McKinley Park is approximately 22-acres and is the largest municipal park in South Stockton. The McKinley Park Renovation, Project No. WR21017, will provide new picnic shelters, new ballfields, new play area, new restroom, basketball and futsal courts, soccer fields, landscaping and irrigation system modifications, path lighting, parking lot improvements, and renovation of the existing swimming pool and bathhouse. The project was included in the 2022-27 Five-Year Capital Improvement Plan and is receiving funding from Proposition 68 Grant, State Budget Act, Transformative Climate Communities Program, and Measure M Strong Communities program.

City of Stockton Printed on 6/18/2025Page 1 of 2
powered by Legistar™
253
File #: 25-0558, Version: 1
On February 6, 2024, by Resolution No. 2024-02-06-1502, Council awarded a Construction Contract in the amount of $11,394,400 to Otto Construction, Inc. of Sacramento, CA, for construction of the McKinley Park Renovation, Project No. WR21017. Capital projects typically encounter changes during construction due to unforeseen site conditions or field design changes. This is especially true with renovation projects.

CCO Nos. 1 through 5, in the amount of $1,002,713.80, were previously approved under the administrative change order authority allowed under the original contract. The previously approved CCOs were needed to correct unforeseen site conditions, modify the design to meet field conditions, and upgrade other existing park amenities to improve the overall park usability for the neighborhood.

Present Situation
CCO No. 6 will provide additional improvements to existing handball, basketball, tennis and softball courts; pool perimeter concrete and gate access; existing turf areas; and code compliance work.

These changes will further enhance the usability of the park for the neighborhood. Council approval is required for CCO No. 6, in the amount of $284,064.10, as the cumulative amount of CCO Nos. 1 through 6 will exceed the administrative change order authority allowed under the existing contract.

Staff is presently working with the contractor to complete all final punch list work and receive environmental health permits to open the pool. Pending successful completion of all pending work, the opening of the park to the neighborhood is expected in June 2025.

It is recommended that Council approve CCO No. 6 in the amount of $284,064.10 with Otto Construction, Inc. for the McKinley Park Renovation project (Attachment B). The revised contract amount will be $12,681,177.90.

FINANCIAL SUMMARY
There is sufficient funding in the McKinley Park Renovation, Project No. WR21017 (formerly PW2117), to approve CCO No. 6 in the amount of $284,064.10 with Otto Construction, Inc. With approval of CCO No. 6, the revised contract amount with Otto Construction, Inc. will be $12,681,177.90.

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

Attachment A - Vicinity Map
Attachment B - CCO No. 6 with Otto Construction, Inc.

City of Stockton Printed on 6/18/2025Page 2 of 2
powered by Legistar™
254
MARTIN LUTHER KING JR./CHARTER WAY

EL DORADO STREET

AIRPORT WAY

SPERRY RD

FRENCH CAMP ROAD

EIGHTH STREET
MCKINLEY PARK RENOVATION
352-(&712:5

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
N

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE
LEGEND

PROJECT LOCATION

CITY LIMIT

COUNTY LIMIT
255

ATTACHMENT B
256

ATTACHMENT B
257

ATTACHMENT B
258

ATTACHMENT B
259
City of Stockton
Legislation Text
File #: 25-0571, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR THE POOL AND

WATER FILTER SYSTEM MAINTENANCE PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 2, in the amount of $179,589, with All Seasons Pool Service of Lodi, CA, for the Pool and Water Filter System Maintenance, Project No. OM-22-016.

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 March 22, 2022, by Resolution No. 2022-03-22-1218, Council awarded a Service Contract in the amount of $830,683 to All Seasons Pool Service of Lodi, CA, for the Pool and Water Filter System Maintenance, Project No. OM-22-016. The Service Contract included maintenance of the swimming pools located at Brooking, Holiday, Oak, and Sousa Parks.

On April 21, 2025, Public Works executed Contract Change Order (CCO) No. 1 with All Seasons Pool Service of Lodi, CA, to provide added maintenance of the renovated pool at McKinley Park.

CCO No. 2 is required to add maintenance of the pool and splash pad at Victory Park.

It is recommended that Council approve CCO No. 2 in the amount of $179,589 with All Seasons Pool Service for the Pool and Water Filter System Maintenance project (Attachment A). The revised contract amount will be $1,102,680.

DISCUSSION
Background
Public Works is responsible for the maintenance of seven pools located at McKinley, Oak, Sousa, Victory, Brooking, Holiday, and Sherwood Parks. The pool at Sherwood Park is operated and maintained by a homeowner’s association (HOA) since it was constructed.

On March 22, 2022, by Resolution No. 2022-03-22-1218, Council awarded a Service Contract in the amount of $830,683 to All Seasons Pool Service of Lodi, CA, for pool maintenance at Brooking, Holiday, Oak, and Sousa pools. McKinley and Victory Parks pools were not in operation at the time of the award.

City of Stockton Printed on 6/18/2025Page 1 of 2
powered by Legistar™
260
File #: 25-0571, Version: 1
On April 21, 2025, Public Works executed CCO No. 1, in the amount of $92,408, with All Seasons Pool Service to provide added maintenance of the renovated pool at McKinley Park.

Present Situation
CCO No. 2 provides for maintenance of the pool and splash pad at Victory Park. Victory Park pool was not in operation when the contract was initially awarded to All Seasons Pool Service.

Construction of the pool is anticipated to be completed by summer of 2025.

Council approval is required for CCO No. 2, in the amount of $179,589, as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.

FINANCIAL SUMMARY
The Service Contract with All Seasons Pool Service for the Pool and Water Filter System Maintenance, Project No. OM-22-016, is funded from the Community Services Department’s Recreation operations budget. Sufficient funding is available for the first year of the proposed Service Contract. Future funding will be allocated during the annual budget process.

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

Attachment A - CCO No. 2 with All Seasons Pool Service
City of Stockton Printed on 6/18/2025Page 2 of 2
powered by Legistar™
261
CITY OF STOCKTON Page 1 of 2
May 7, 2025
Contract Change Order No.: ___ 2 _______ _
Resolution/Motion No. 2022-03-22-1218
(If not required enter "N/A'J
Contract No. 423000563 ---------------------------
Contract#
OM-22-016- POOL AND WATER FILTER SYSTEM MAINTENANCE
Project Number I Project Name I Activity
Original Contract Price $ 830,683.00
Approved Chanqe Order Total $ 92,408.00
This Chanae Order $ 179,589.00
Revised Contract Price $ 1,102,680.00
IO All Seaso.ns..P�ooLService:4Co!"ltractol"). 't'.ou are hereby directed to make theJ:\erein described changes from-t��lans..and specifications or do the following described work not included in the plans and specifications of this contract.

Additional Work Performed for Above Referenced Project
THIS CHANGE ORDER PROVIDES FOR:

See the following page
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By reason of this proposed change, Q days extension of time will be allowed.

Accepted Date __ M_A_Y_?_,_2_0_2_5 ________ __ _

ALL SEASON'S POOL SERVICE
All Seasons Pool Service
By Mark Hickey •]1/ ,:uJ;__ ,// ;,_ 7
Tille __ O_W_N_E_R _______________ _
Note: This contract change order is not effective until approved by the Ci Mana er.

APPROVED AS TO FORM & CONTENT:

OFFICE OF THE CITY ATTORNEY
BY __________ _
Date: _________ _
ATTEST:

KATHERINE ROLAND, CPM, CPMC

CITY CLERK OF THE CITY OF STOCKTON
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Internal Approval Routing
__ W� ____ Date: 5{io{ lS'
Submitted by: Colin Scott, Parks Manager
_______________ Date: ____ _
Approval by: Nguyet Pham, Department Finance Officer
ublic Works Director
Approval Recommended by:
_______________ Date: ____ _
Chad Reed, Director
Public Works Department
Change Order Approved By:
_______________ Date: ____ _
Steve Colangelo, Interim City Manager

ATTACHMENT A
262
CITY OF STOCKTON Page 2 of 2
May 7, 2025
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Contract Change Order No.: 2
Resolution/Motion No. 2022-03-22-1218 Contract No. 423000563 (I f not required enter “N/A”) Contract #
OM-22-2016 – POOL AND WATER FILTER SYSTEM MAINTENANCE
Project Number / Project Name / Activity
A. Ad
ditional Work Performed for Above Referenced Project
The contractor shall maintain the Pool and Splash Pad at Victory Park in accordance with all specifications of the contract.
• Inc
reased maintenance costs for 8/1/25 - 12/31/25 is $63,419.50. • Increased maintenance costs for 1/1/26 - 12/31/26 is $116,169.50.

TO
TAL COST: $179,589.00
Ref
erence attachment A for the cost breakdown.

Reference attachment B for the added Exhibit A (scope and specifications) for the Splash Pad.

ATTACHMENT A
263
Cost Item
Month - Bid
Item
Description
2022 2023 2024 2025 2026
2027
Optional Year
1 2028
Optional Year
2 1A
January-Off
Season
Service
$ 6,462.00 $ 6,632.00 $ 6,789.00
1B
February-Off
Season
Service
$ 6,462.00 $ 6,632.00 $ 6,789.00
1C
March-Off
Season
Service
$ 6,462.00 $ 6,632.00 $ 6,789.00
1D April-Start Up
Service $ 6,462.00 $ 6,632.00 $ 6,789.00
1E
May-Start Up
Service and
Daily Service
$ 11,394.00 $ 11,678.00 $ 11,970.00
1F June-Daily
Service $ 14,070.00 $ 14,422.00 $ 14,782.00 1G July-Daily
Service $ 13,727.00 $ 14,070.00 $ 14,422.00 $ 14,782.00 1H August-Daily
Service $ 13,727.00 $ 14,070.00 $ 14,422.00 $ 14,782.00 1I
September-
Daily Service
and Shut Down
Service
$ 11,116.00 $ 11,394.00 $ 11,678.00 $ 11,970.00 1J
October-Off
Season
Service
$ 6,304.00 $ 6,462.00 $ 6,632.00 $ 6,789.00 1K
November-Off
Season
Service
$ 6,304.00 $ 6,462.00 $ 6,632.00 $ 6,789.00 1L
December-Off
Season
Service
$ 6,304.00 $ 6,462.00 $ 6,632.00 $ 6,789.00

TOTAL MONTHLY

MAINTENANCE FOR

VICTORY PARK POOL AND
SPLASH PAD, Items 1A
through 1L
$ - $ - $ - $ 57,482.00 $ 110,232.00 $ 113,046.00 $ 115,809.00
Cost Item 5 Supplemental
Services
Contamination
Service;
formed fecal
stool or vomit 375.00$ 375.00$ 375.00$ 375.00$ Cost Item 6 Supplemental
Services
Contamination
Service;
diarrheal-stool
125.00$ 125.00$ 125.00$ 125.00$
Cost Item 7 Supplemental
Services
Contamination
Service; Blood
125.00$ 125.00$ 125.00$ 125.00$
Cost Item 8 Supplemental
Services
Emergency
Response
1,250.00$ 1,250.00$ 1,250.00$ 1,250.00$
Cost Item 9 Supplemental
Services
Non-
emergency
Response and
Vandalism
Mitigation 1,562.50$ 1,562.50$ 1,562.50$ 1,562.50$ Cost Item 10 Supplemental
Services
Incidental
Repairs
Allowance
$125.00 PR.

HR 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$
TOTAL ANNUAL COST @
Victory Park Pool
-$ -$ -$ 63,419.50$ 116,169.50$ 118,983.50$ 121,746.50$ Victory Park Pool and Splash Pad

ATTACHMENT A
264

4.0 SCOPE OF WORK

4.1 D
escription of Work and Schedule
The splash pad is automated and uses an Ultraviolet Filter, sensors, and probes to maintain healthy sanitation levels and keep the splash pad compliant with San Joaquin County Health Code requirements. There is a chlorine feeder and 3 sand tanks needing daily checks when the system is operational. The system requires the use of Chlorine tablets in the automatic feeder. Bromine is not allowed to be used with this system; furthermore, no chemicals will be allowed to be stored in the pump/filtration building (utility building). The sand tanks need backwashing after a rise of 8 pounds per square inch. Currently, the clean system runs with a pressure of 12 pounds per square inch.

The contractor shall maintain all records and logs required by these Special Provisions, the Regulations, and the Public Pool Standards. All updated logs shall be provided to the Contract Administrator with each pay application request.

The contractor shall provide all labor, materials, chemicals, tools, supplies, including all chemicals and testing materials, equipment, and transportation necessary to provide services described in these special provisions.

4.2.1 Hours and Days of Work
Contractor will provide a schedule of days and times that maintenance services will be performed at the splash pad. Contractor shall provide said schedule within fifteen (15) calendar days of contract award.

Contractor must have the splash pad ready a minimum of one (1) hour prior to that day’s scheduled opening. The City reserves the authority to direct the Contractor to amend the working hour schedule if conflicts are apparent. If scheduling problems develop, the City and Contractor will review and change the schedule as necessary.

4.2.2 Splash Pad Maintenance/Water Quality Services For the following services, the contractor shall keep logs of all maintenance operations and chemical usage in accordance with the applicable regulations.

Such records shall be subject to approval by the Contractor Administrator or representative. Hardcopy logs and maintenance records shall be kept in the splash pad utility building for City inspection. A copy (PDF document) of these logs will be sent to the Contract Administrator with each month’s invoice for services.

A. Water Quality
Contractor should maintain water quality and chemistry in accordance with the most current versions of the Regulations and the Public Pool Standards. At no

ATTACHMENT A
265
time shall the water quality/chemistry cause a failure of permission to operate the fountain as granted by the regulatory agency.

The fountain is automated and could shut down if sanitation levels are outside normal ranges. Any reading outside the normal range, is unacceptable and will constitute an Emergency Call-Out response by the contractor at no charge to the City. The acceptable range of pH (potential of hydrogen) is 7.2 to 7.8 (the City’s desired level is 7.5) and the FC (or free chlorine) count shall be maintained between 3.0 and 10.0 (the City’s desired level is 5.0).

The Contractor shall not change any of the valve positions or change out any equipment without prior direction from the Contract Administrator.

In the event permission to operate is revoked due to poor water quality/chemistry caused by Contractor's actions (or lack of proper maintenance), the Contractor's invoice for the month will be reduced by 1/30 of the Monthly Maintenance Service cost for each day the fountain cannot be opened/operated during that service month. There will be no credit for subsequent partial days of operation following a City or County required fountain closure related to lack of proper maintenance or action by the Contractor.

B. Start Up Service
Contractor shall have the start-up service complete and have the splash pad ready for full operation by May 20th each year of the contract. Start-up service shall consist of the following tasks:

Contractor shall meet with Contract Administrator on or around March 1 each year of the contract. At such time, Contractor shall inspect the splash pad, filter system, chemical injection system, surge basin, and all splash pad mechanical systems. By March 15, Contractor shall submit to Contract Administrator a list of all items necessary to get the splash pad ready for full operation by May 20.

1. Drain, flush the entire basin area, empty the surge basin, flush the entire basin, and re-drain and clean the surge basin. Shop vac surge basin to remove all debris (free of any contamination) (unless directed otherwise by Contract Administrator).

2. Acid wash surfaces if directed by Contract Administrator. Inspect splash pad surface and notify Contract Administrator and any areas requiring repair.

Contact Contract Administrator upon completion of acid washing.

3. Scrub pavers as directed by Contract Administrator. Upon completion pavers should be clean with no evidence of dirt, scum, mineral deposits, or chemical deposits.

4. Clean and service chemical injection system. This shall include cleaning/flushing all feed and supply lines that deliver chemicals to the water.

ATTACHMENT A
266

5. Clean and service filter system.

6. Do not adjust valves controlling the flow without authorization from Contract Administrator. Splash pad flows/valves are currently balanced and must not be tampered with. They do not need adjustment.

7. Adjust and maintain chemical levels in conformance with the Regulations and the Public Pool Standards for anticipated opening.

8. Place filtration and chemical injection systems into automatic operation and check/monitor for proper operation.

9. Check each solenoid and inspect for wear.

10. Electronically test that all coils and valves are ready for automatic operation.

11. Ensure all safety mechanisms are operational and turned on in the automatic position.

12. Inspect all sprays and exterior fittings, jets, lights, spray caps, static rotational joints, and mechanical hardware, then tighten as necessary.

13. Scrub splash pad jet heads and sprays. Upon completion jets and sprays should be clean with no evidence of dirt, scum, mineral deposits, or chemical deposits.

14. Prime the pumps.

15. Pressurize the system and check for leaks.

16. Check display pump inlets for leaks and operate all display pumps remotely to verify proper spray and proper LED light operation. Troubleshoot as necessary.

17. Run system to check for proper operation of complete splash pad mechanicals including a check of the sand in the filters and filling the chemical reserves.

18. Clean out skimmer/strainer baskets, test water and adjust chemicals as necessary at least two (2) times a week with at least two (2) days between each service until Daily Maintenance commences.

19. Once each week, brush/scrub pavers to remove dirt and algae. Upon completion, there shall not be any dirt and/or algae and on any surfaces.

20. Clean debris (free of any contamination) and materials from pavers in splash pad area at least two (2) times a week.

C. Daily Maintenance Service

ATTACHMENT A
267
Daily Maintenance Service tasks start the Friday immediately prior to Memorial Day each year and shall consist of the following tasks. The anticipated schedule for the splash pad being open to the public is 1pm through 7pm daily:

1. At least two hours prior to the splash pad opening each day for public use, the contractor shall start the filter and recirculation system, verify the UV filter is operating properly (verify the bulb is working, flow and temperature sensors are operating) and test water chemistry: Water chemistry shall be tested at least twice a day. Balance chemicals as needed to comply with all government rules and regulations.

2. Empty and clean all skimmer baskets as often as necessary but no less than once each day.

3. Prime the pumps if necessary.

4. Remove debris (free of any contamination) from spray pad area. If there is any dirt of algae, brush/scrub pavers. Upon completion, there shall not be any dirt and/or algae and on any surfaces. All surfaces should be clean with no evidence of dirt, scum, mineral deposits, or chemical deposits.

5. Operate all display pumps to verify proper spray function and check all LED lights, troubleshoot as necessary.

6. Check pump, strainers, and filters, clean if necessary.

7. Do not adjust valves controlling the flow without authorization from Contract Administrator. Splash pad flows/valves are currently balanced and do not need adjustment.

8. Check and record filter pressure gauge readings and flow meter reading and take corrective measures as indicated.

9. Maintain all splash pad filtration equipment in proper working order. This includes regular backwashing and/or draining of the basin and/or cleaning pump strainer/filter as required.

10. Maintain chemical feed/injection system by adding Chlorine, then cleaning and adjusting if required.

11. Make sure pump room and chemical storage areas are clean.

12. Check exterior of all mechanical equipment in utility building and the floor and wipe down as necessary to remove all dust and debris.
(Free of any
contamination) All equipment shall be kept clean and the interior of the utility building shall be maintained in a clean orderly state, all subject to approval by the Contract Administrator.

ATTACHMENT A
268

13. Verify filtration and chemical injection systems remain in automatic mode and check for proper operation. All splash pad and lighting system components shall be kept in proper working order and properly adjusted.

14. Verify cooling fans are operating properly and thermostat temperature settings remain correct. Fans shall remain set to come on at 90 degrees.

System shall remain set to shut down at 120 degrees.

15. Maintain required records in accordance with the Regulations and Public Pool Standards.

16. Email a .pdf of a signed quality control checklist showing the above tasks have been completed to the Contract Administrator every Thursday before 1pm, also keep a binder on site with copies of each day’s check list. The check list shall be verified by the Contractor’s Project Manager or on-site representative.

17. Project Manager shall confer with Contract Administrator at least once (1) each week to discuss progress of work.

18. If necessary, set alarms, secure/lock building/s, gates, and splash pad site upon leaving.

19. Contractor management personnel (someone other than Contractor’s Project Manager) will inspect the splash pad at least twice each week during the "Daily Maintenance" season on an unannounced basis. Contractor shall submit reports of the inspections with their monthly invoice.

D. Shut Down Service
The contractor will perform the following "Shut Down Service" starting the day after Labor Day each year and service shall be completed within five (5) working days.

The splash pad shall be considered closed as of the day following Labor Day

1. Empty and clean all skimmer baskets

2. Remove debris (free of any contamination) from spray pad area.

3. Scrub pavers, jets, and sprays. Upon completion, there shall not be any dirt and/or algae scum, mineral deposits, or chemical deposits on any surfaces.

4. Clean pump, strainers, and filters.

5. Do not adjust valves controlling the flow without authorization from Contract Administrator. Splash pad flows/valves are currently balanced and do not need adjustment

6. Check and record filter pressure gauge readings and flow meter readings.

ATTACHMENT A
269

7. Verify all filtration equipment is in working order. Prepare report of any inoperable equipment and submit to City.

8. Clean and secure utility building.

9. Back-washing and/or cleaning pump strainer/filter as required.

10. Drain system completely.

11. Remove Chlorine and other chemicals.

12. Add winterization chemicals, if necessary, to retard algae growth.

13. Upon Completion of Shut Down Service tasks, request walk through inspection with Contract Administrator. Inspection shall be completed prior to September 30.

Upon completion of Shut Down Service, contractor shall service splash pad according to "Off Season Service Tasks" through the last day of September.

Contractor shall commence "Off Season Service" on October 1.

E. Off Season Service
The splash pad will operate on a reduced schedule after Weber Events Center is closed to the public. The splash pad hours will be 8pm through midnight daily.

By end of working day on November 30 each year, Contractor shall provide a written report listing any service/s, repair/s, and/or equipment which may be necessary to render the splash pad filter system and any other appurtenant systems reliably operational for the following open season. The contractor shall provide a cost estimate for any necessary repairs or services that are not already a part of the scope of this work. Should City elect to have contractor perform the repairs, a change order will be issued, and the contractor is expected to have all repairs completed prior to April 1 and splash pad opening for daily public use the following season.

Contractor shall maintain the splash pad water clarity and chemically balanced in accordance with the Regulations and Public Pool Standards.

Contractor shall perform the following tasks as often as necessary , but not less than once every 7-days, to keep the splash pad operating at the reduced schedule through the off-season:

1. Empty all filters and skimmers.

2. Backwash filters as often as necessary to maintain at least 75% of normal flow rate.

3. Clean entire splash pad area to remove all debris (free of any contamination) that has accumulated.

ATTACHMENT A
270

4. Brush/scrub pavers to remove dirt and algae. Upon completion, there shall not be any dirt and/or algae on any surfaces.

5. Check function of display pumps, nozzles, and lighting.

6. Do not adjust valves controlling the flow without authorization from Contract Administrator. Splash pad flows/valves are currently balanced and do not need adjustment

7. Contractor shall check splash pad within 24-hours after each rainstorm.

Contractor shall remove all debris (free of any contamination) that has accumulated in the spray pad area.

8. Prepare report of tasks performed and chemicals used at each visit.

9. Report any areas needing additional attention or circumstances requiring City's attention. Submit bi-weekly reports on the condition of the splash pad to the Contract Administrator.

10. Check the entire site including all building/s and fences for vandalism. Report any vandalism to Contract Administrator.

11. Secure/lock building/s upon leaving.

Supplemental Services
Contractor shall provide bid costs for the following Supplementary Services.

Some, none, or all of these services may be needed at any time during the contract period.

F. Contamination Event (response time same as defined in Section G, Emergency Response)
In the event of Fecal, Vomit, and/or Blood contamination, depending on the level of contamination, Contractor shall perform the following disinfection procedures:

1. After a fecal, vomit, or blood contamination incident, the Contractor will be notified and will shut down any display pump activity (if not already shut-down), and then contact the Contract Administrator. There shall be no display pump activity, and no one shall be allowed in the splash pad area until the disinfection procedures have been completed.

2. The Contractor will record the number of occupants in the splash pad splash pad area, the type of contaminating material, the time of occurrence, and the time of day the splash pad was closed and provide this information to the Contract Administrator.

3. Contractor shall remove contaminating material and discharge the contaminating material directly to the sanitary. The Contractor shall clean and disinfect the item used to remove the contaminating material.

ATTACHMENT A
271

4. The Contractor shall record the pH of the water and then ensure that the pH of the water is maintained at 7.5 or lower and adjust the pH if necessary.

5. The Contractor shall ensure that the filtration system is operating while the splash pad reaches and maintains the proper free chlorine concentration during the disinfection process.

6. The Contractor shall disinfect the splash pad water as follows:
a. The Contractor shall drain water from the entire system including the basin and then replace with fresh water.
b. The Contractor shall then treat the fresh water chemically to meet San Joaquin County Public Pool Standards.
c. The Contractor shall test the free chlorine residual to ensure the proper free chlorine concentration is achieved throughout the splash pad water.
d. The Contractor shall verify the UV filter is working correctly. e. The Contractor shall replace any affected cartridge filters and shall backwash non-cartridge filters after the disinfection process has been completed and before the splash pad is reopened. The Contractor shall ensure the effluent is
discharged directly to the sanitary. The Contractor shall not return the backwash through the filter. The Contractor shall replace the filter media if necessary.
f. The Contractor shall not activate the display pumps until the disinfection process has been completed and the free chlorine and pH of the splash pad water have returned to normal
operating ranges in accordance with section 65529 of the Regulations.
g. When ready, the Contractor shall notify the Contract Administrator.

7. The Contractor shall immediately document each fecal, vomit, and blood contamination incident and maintain records as follows:
a. The date and time of the incident, the available fre b. e chlorine, water temperature, pH level, and, if used, cyanuric acid level at the time of the incident.
c. Whether the fecal stool was formed or diarrheal.
d. The number of splash pad users and the length of time between the occurrence, detection, and resolution of the incident.

ATTACHMENT A
272
e. Before reopening splash pad, record the free chlorine and pH levels, the procedures followed in response to the incident (including the process used to increase the chlorine levels if necessary), and the contact time.

G. Emergency Response and Emergency Call Out (Contractor to be available 7- days per week)
Contractor shall provide 30-minute response times for both Emergency Response and Emergency Call Out notifications. The 30-minute response time is from the time the call is placed to the Contractor, to the time the Contractor or Contractor’s staff arrives at the site.

An Emergency Response is to be used to secure an immediate problem. If repairs are needed, they are to be accomplished during regular working hours if possible. Emergency Response, if for items not covered in this proposal request (aka specifications), is considered additional service and paid on a time and materials basis according to the rates set forth by the Supplemental Services fees presented in the Contractor’s proposal and agreed to by the City.

An Emergency Call Out is used when the Contractor has not performed to the specifications and needs to immediately remedy the situation. An Emergency Call Out is not an additional service, and no extra fees will be paid by the City.

All Supplemental Services must be approved by the Contract Administrator prior to the Contractor performing the work. Payment for approved Supplemental Services shall be based on Contractor’s Proposal prices. If Contractor is requested to perform a maintenance service that is not on the Cost Proposal, the actual cost of labor plus cost of materials plus ten percent (10%) will be allotted for the service/repair. Contractor shall submit a proposal for the service/repair detailing the labor and material costs separately. Should the City decide to have the Contractor perform the work, a contract change order will be processed for the work.

Storage of Materials
Contractor may not store chemicals on site. Contractor shall not store chemicals in the splash pad’s mechanical room (utility building).

NOTE: CITY SHALL NOT BE LIABLE FOR SECURITY OF MATERIALS.

CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE PURCHASE,

TRANSPORTATION, APPLICATION, AND SECURITY OF SPLASH PAD CHEMICALS AND ASSOCIATED MATERIALS. THEFT OF MATERIALS

DOES NOT RELIEVE THE CONTRACTOR FROM MAINTAINING WATER
QUALITY/WATER CHEMISTRY REQUIREMENTS.

ATTACHMENT A
273
City of Stockton
Legislation Text
File #: 25-0578, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR ON-CALL

HEATING, VENTILATION, AND AIR CONDITIONING EQUIPMENT REPAIR AND MAINTENANCE

SERVICES

RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 2, in the amount of $561,230, with American Chiller Service, Inc. of Modesto, CA, for the On-Call Heating, Ventilation, and Air Conditioning Equipment Repair and Maintenance Services, Project No.

OM-24-012.

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 January 9, 2024, by Motion No. 2024-01-09-1210, Council awarded a Service Contract, in the amount of $900,000 to American Chiller Service, Inc. of Modesto, CA, for the On-Call Heating, Ventilation, and Air Conditioning (HVAC) Equipment Repair and Maintenance Services, Project No.

OM-24-012. The Service Contract included on-call responses to repairs of approximately 500 HVAC units throughout City-owned facilities.

On March 26, 2025, Public Works executed Contract Change Order (CCO) No.1 with American Chiller Service, Inc. of Modesto, CA, to provide maintenance and repair services to the boiler feed tank at City Hall.

CCO No. 2 will provide additional work on the cooling tower at the Police Department Operations (PD Ops) Building, the replacement of the boiler feed tank at City Hall and address additional maintenance and repair services to maintain the functional operation of individual systems at City- owned facilities.

It is recommended that Council approve CCO No. 2 in the amount of $561,230 with American Chiller Service, Inc. for the On-Call HVAC Equipment Repair and Maintenance Services project (Attachment A). The revised contract amount will be $1,651,230.

DISCUSSION
Background
Public Works is responsible for maintenance of approximately 500 HVAC units throughout City- owned facilities. As needed, HVAC maintenance and repair services are required to maintain the City of Stockton Printed on 6/18/2025Page 1 of 2
powered by Legistar™
274
File #: 25-0578, Version: 1
functional operation of individual systems at each location. Public Works does not have sufficient staffing to support routine maintenance, planned repairs, and emergency repairs at all City facilities.

On January 9, 2024, by Motion No. 2024-01-09-1210, Council awarded a Service Contract in the amount of $900,000 to American Chiller Service, Inc. of Modesto, CA, for as needed HVAC maintenance and repair services.

On March 26, 2025, Public Works executed CCO No. 1, in the amount of $190,000, with American Chiller Services, Inc. to provide maintenance and repair services to the boiler feed tank at City Hall.

In recent years, Public Works has seen an unprecedented number of HVAC units fail completely, requiring emergency repair and equipment acquisition at increased costs. Many of the HVAC units throughout City-owned facilities are at or beyond their life expectancy and now require significant repairs or upgrades beyond standard preventative maintenance. City staffing limitations and increasing material costs have elevated the need for expanded on-call support.

Present Situation
CCO No. 2 provides for replacement of the cooling tower at the PD Ops Building to maintain the cooling system of one-third of the building in the summer. The Historic City Hall building requires replacement of the boiler feed tank, and additional funds are required to accommodate ongoing repair and replacement needs due to increasing service demand and material costs.

Council approval is required for CCO No. 2, in the amount of $561,230, as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.

FINANCIAL SUMMARY
The Service Contract with American Chiller Service, Inc. for On-Call HVAC Equipment Repair and Maintenance Services, Project No. OM-24-012, is funded from various City department operating accounts and encumbered on a fiscal year basis. Funding for these services will be allocated in the various operating budgets for Fiscal Years 2025-26, 2026-27, and 2027-28.

Attachment A - CCO No. 2 with American Chiller Service, Inc.

City of Stockton Printed on 6/18/2025Page 2 of 2
powered by Legistar™
275
276
City of Stockton
Legislation Text
File #: 25-0292, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE STREET RESURFACING ON FEDERAL-AID STREETS FISCAL YEAR 2024-25 PROJECT

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

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

2. Award a Professional Services Contract to R.E.Y. Engineers, Inc. of Folsom, CA, in the amount of $282,922 for design of the Street Resurfacing on Federal-Aid Streets Fiscal Year 2024-25, Project No. WD25006.

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

Summary
The Street Resurfacing on Federal-Aid Streets Fiscal Year (FY) 2024-25 project will resurface four street segments located on Dr. Martin Luther King Jr. Boulevard, Mariposa Road, Rosemarie Lane, and Pershing Avenue, for a total distance of approximately 1.9 miles (Attachment A). The project was included in the 2024-29 Five-Year Capital Improvement Plan (CIP).

On February 12, 2025, the City advertised a Request for Proposals (RFP) for the design of the Street Resurfacing on Federal-Aid Streets FY 2024-25 project. On March 5, 2025, three firms submitted proposals for this project. The Selection Committee evaluated the proposals and found R.E.Y.

Engineers, Inc. to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $282,922, with R.E.Y. Engineers, Inc. (Attachment B). It is anticipated that the design will be completed in December 2025, and construction will begin in summer 2026 and be completed by fall 2026, weather permitting.

DISCUSSION
Background
The City of Stockton receives an annual allocation of federal Surface Transportation Block Grant (STBG) Program funds. The project was included in the 2024-29 Five-Year CIP. These funds must be used on streets classified by the Federal Highway Administration as arterial or collector Federal Aid City of Stockton Printed on 6/18/2025Page 1 of 3
powered by Legistar™
277
File #: 25-0292, Version: 1
Urban (FAU) routes. The City typically uses STBG funds to resurface FAU street segments that have a poor pavement condition rating. This rating is established by the City’s pavement management system, which rates the pavement condition of all streets on a scale ranging from poor (Pavement Condition Index (PCI) = 0) to excellent condition (PCI = 100).

The City’s pavement management system identified the following roadway segments that warrant resurfacing (Attachment A):

Dr. Martin Luther King Jr. Boulevard (0.16 Miles)
· from Turnpike Road to Center Street (PCI = 58)
Mariposa Road (0.59 Miles)
· from Silva Street (County Limit) to State Route 99 West Frontage Road (PCI = 58) Rosemarie Lane (0.50 Miles)
· from Pershing Avenue to Pacific Avenue (PCI = 43)
Pershing Avenue (0.65 Miles)
· from Robinhood Drive to March Lane (PCI = 32)
Resurfacing preserves the pavement structure and improves driving conditions and roadway aesthetics. Resurfacing at appropriate intervals will prevent severe deterioration from occurring, resulting in maximum infrastructure duration at the lowest life cycle cost. Resurfacing is a multi-step process that may involve the following preservation techniques: crack seal, base failure repair, slurry seal, micro-surface seal, rubberized cape-seal, and pavement overlay. Resurfacing projects also typically include other ancillary improvements such as the installation of wheelchair ramps (as required by the Americans with Disabilities Act); curb, gutter, and sidewalk replacement; adjustment of utility covers; removal and replacement of existing pavement striping; and installation of traffic signal detector loops. The street segments identified are heavily trafficked and have received numerous AskStockton requests for repair. Having a complete design plan will help ensure that efficient budgeting is captured prior to construction.

Present Situation
On February 12, 2025, the City advertised an RFP for the design of the Street Resurfacing on Federal-Aid Streets FY 2024-25, Project No. WD25006. On March 5, 2025, three proposals were received from the following firms:
· R.E.Y. Engineers, Inc. (Folsom, CA)
· CSG Consultants, Inc. (Sacramento, CA)
· BKF Engineers (Sacramento, CA)
The Selection Committee, comprised of Public Works’ staff, evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, staff qualifications and technical ability, project approach, and familiarity with federal transportation funding procedures.

R.E.Y. Engineers, Inc. received the highest ranking, based on the noted criteria, and was determined City of Stockton Printed on 6/18/2025Page 2 of 3
powered by Legistar™
278
File #: 25-0292, Version: 1
to be the most qualified firm for this project. R.E.Y. Engineers, Inc. demonstrated a clearer understanding of the project approach, including the most experienced team, and provided an appropriate schedule to meet the project’s milestones. Staff negotiated a fee in the amount of $282,922 with R.E.Y. Engineers, Inc., which is reasonable for the scope of work being provided.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $282,922, with R.E.Y. Engineers, Inc. for design of the Street Resurfacing on Federal-Aid Streets FY 2024-25, Project No. WD25006 (Attachment B). It is anticipated that the design will be completed in December 2025, and construction will begin in summer 2026 and be completed by fall 2026, weather permitting.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff and expertise to perform the scope of work for this project.

2. The scope of work requires an engineering firm experienced in pavement design.

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

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

FINANCIAL SUMMARY
There are sufficient funds in the Street Resurfacing on Federal-Aid Streets FY 2024-25, Project No.

WD25006, to award a Professional Services Contract to R.E.Y. Engineers, Inc. in the amount of $282,922.

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

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with R.E.Y. Engineers, Inc.

City of Stockton Printed on 6/18/2025Page 3 of 3
powered by Legistar™
279

MAIN ST

PERSHING AV

EL DORADO ST

WEST LN

PACIFIC AV

ALPINE AV

CHEROKEE RD

AIRPORT WY

CENTER ST

AIRPORT WY

CHEROKEE RD

ROBERTS RD
W
ILSON
W
Y

PACIFIC AV

DR MLK JR BL

MARIPOSA RD

HOLMANRD

HAMMER LN

PERSHING AV
BENJ.HOLT DR

MARCH LN

HARDING WY

WEST LN

WATERLOO RD

WILSON WY

NAVY DR

EIGHTH ST

FREMONT ST

MARCH LN

EL DORADO ST

CHARTER WY
µ
LEGEND
Project Limit
Parks
Public Schools
0 0.5 1 1.5 20.25
Miles

MARIPOSA RD

PERSHING AVE

ROSEMARIE LN

MARTIN LUTHER KING JR BLVD
Street Resurfacing on Federal-Aid Streets FY 2024-25,
Project No. WD25006

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
280
Profes
sional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WD25006 (Updated 03/05/2024)

PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF S TOCKTON, a municipal corporation (“City ”), and R.E.Y. ENGINEERS, INC. whose address is 905 SUTTER STREET, STE. 200, FOLSOM, CA 95630 (“Consultant”) for the STREET RESURFACING ON FEDERAL-AID STREETS FY 2024-25 (PROJECT NO. WD25006), hereinafter referred to as "Project".

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

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

NOW THERE
FORE, 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. COMPENS
ATION. 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 $282,922.00 or as otherwise mutually agreed to in a Contract Amendment.

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

4. INDEMNIT
Y 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

ATTACHMENT B

Page 1 of 38 ends

City Council and Concurrent AuthoritiesJune 24, 2025

City Council and Concurrent Authorities
June 24, 2025