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its empl
oyees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND TE
RM. Consultant shall perform the scope of work as
described in Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on JUNE 30, 2028 , u nless extended by mutual agreement through the issuance of a Contract Amendment.
A. Invoices
submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
B. Upon compl
etion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE
TO APPLICABLE LAWS. Consultant shall comply with
all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
A. TITLE VI
Title V
I 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
The City
of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
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B. DISCRIMI
NATION AND HARASSMENT POLICY
The City
of Stockton has a Discrimination and Harassment Policy ( Exhibit E). The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STAN
DARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder s
hall 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. PREVAILIN
G WAGE RATES
Consulta
nt and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor 's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Cons
ultant choose to work on a Saturday, Sunday or on a
holiday recognized by the Labor Unions, the Consultant shall reimburse the C ity the actual cost of engineering, inspection,
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superintend
ence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the C ity, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROL
L RECORDS - The Consultant to whom the contract is
awarded shall e nsure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTI
CESHIP STANDARDS - The Consultant shall comply with
the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. SANCTIO
NS
Deliverables must conform with all applicable federal, state, and local laws.
Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. RIGHTS AND DUT
IES OF CITY. City shall make available to Consultant
all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATION
S OF CONSULTANT. Throughout the term of this Contract,
Consultant represents and warrants that it has or will have at the time this Con tract is
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executed, al
l licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHI
P OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AME
NDMENTS. City reserves the right to make such
alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TERMINAT
ION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT
STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject
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to the prov
isions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
A. If in the p
erformance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is f
urther understood and agreed that Consultant must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an in
dependent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
13. ASSIGNM
ENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NO
T CONTROLLING. Headings used in the Contract are for
reference purposes only and shall not be considered in construing this Contract.
15. NOTICES
. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consult
ant: R.E.Y. Engineers, Inc. To City: Public Works Director 905 Sutter Street, Ste. 200 City of Stockton
Folsom, CA 95630 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
16. LICENSE
S, CERTIFICATIONS, AND PERMITS. Prior to the City’s
execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDIT
S. City reserves the right to periodically audit all
charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
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Consulta
nt agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENT
IALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICT
S OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. I
n the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNI
NG LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSO
NAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRA
TION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABIL
ITY. 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
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of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON R.E.Y. ENGINEERS, INC.
By: ____________ _
STEVE COLANGELO
INTERIM CITY MANAGER
ATTEST:
BY: --------------
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
APPROVED AS TO FORM:
BY: -------------
DEPUTY CITY ATTORNEY
By: ��
Signatur
Print Name
Title:
Professional Services Contract - R.E.Y. ENGINEERS, INC. - PROJECT NO. WD25006
(Updated 03/05/2024)
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Detailed Work Plan
SCOPE OF SERVICES
Task 1: Background Research
Research
R.E.Y. will begin by researching and reviewing existing topographic mapping, right-of-way maps, “as-built” plans, record maps, and assessor maps. We will then conduct a field reconnaissance of the project area to review the existing improvements, equipment, bus stop locations, intersection geometrics, posted speed limit signs, and on-street parking.
Control and Topographic Surveys
Following the background research, R.E.Y. will proceed with the control and topographic surveys. Unless otherwise desired by the City, horizontal control surveys will originate from primary and/or secondary survey control monuments shown on the “Record of Survey of the City of Stockton Horizontal Control System Phase XIV”, recorded in Book 35 of Surveys, at Page 5, based on NAD83, 1991.35 Epoch. Vertical control will be based on City of Stockton, NAVD88 datum, tying into several of the City benchmarks within the project limits.
Due to the level of detail necessary for this project, R.E.Y. will utilize our Mobile Terrestrial Laser Scanning (MTLS) technology for data collection. This project includes 6,500’ of roadway. Each roadway will be driven a minimum of two times in each direction with our Riegl VMX-250 Mobile Laser Scanning System. This redundant coverage will result in a very strong relative adjustment solution, prior to adjusting to ground control. The project will be pre-marked with 18 targeted Ground Control Points (GCPs). These GCPs will be positioned horizontally and vertically, based on City survey control, and the LiDAR data will be adjusted to them to ensure absolute accuracies in compliance with ADA data collection standards.
From the acquired, adjusted, and georeferenced LiDAR data, R.E.Y. will compile visible planimetrics, topography, digital terrain model (DTM) features and utilities at a maximum 25-foot interval into a traditional 3D CAD file, as well as perform the data extraction. The 3D CAD file will be from edge of pavement to edge of pavement except in those locations where ADA ramp analysis and design are needed.
Supplemental field surveys will be performed to QC the compiled mapping, positively I.D. utilities, measure inverts and in-fill areas that are not visible in the point cloud, due to obstructions. Obstructions typically include solid fences, thick vegetation, and parked vehicles. The final CAD topographic map will exhibit 1-foot contours, spot elevations, and pertinent surface and physical features.
Base Map
At six (6) curb return locations where there is a higher chance of construction encroaching into private property, the existing right-of-way will be determined. Field surveys will be required to recover monuments that either mark the right-of-way, are along the street centerline, or on nearby side streets. Currently, it is assumed that all work will be performed within the City’s right-of-way and no right-of-way or easement acquisition services will be required.
Pavement Design Memo
Following the Kickoff Meeting, our team will examine relevant existing as-built construction drawings, past pavement maintenance records, and repair history to assess the condition of each roadway over time. As required by law, at least three (3) days prior to the start of field exploration activities, we will conduct a brief site reconnaissance to mark the site for underground clearance by Underground Service Alert (USA). As required, we will mark out the proposed subsurface exploration area for USA clearance with white paint on the ground surface.
After applying for and receiving our no-fee encroachment permit from the City, clearance from the USA ticket respondents, and upon confirmation of zero underground utility conflicts, subsurface conditions will be explored by drilling six (6) to eight (8) borings up to five (5) feet deep with a truck-mounted drill rig equipped for hollow stem auger drilling. Based on our review of the project
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EXHIBIT A
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 site, we expect the site will be accessible to truck-mounted drilling equipment. Required traffic control will be provided during the field exploration.
After completing the field investigation, our team may conduct laboratory tests on selected asphalt cores and soil samples collected during the field exploration to refine the initial soil classifications recorded on the field logs prepared by our field engineer during drilling. Geotechnical laboratory testing may include the following:
AC core unit weight and thickness (ASTM D2726, ASTM D3549) Natural water content (ASTM D2216)
Grain-size analyses (ASTM D422)
Atterberg liquid and plastic limits (ASTM D4318)
R-value (ASTM D2844)
Upon completion of the site visit, field exploration, and any required laboratory testing, our team will prepare a memorandum that summarizes our observations, conclusions, and recommendations. Our memo will include a summary of the existing pavement conditions; including the type, extent, and severity of distresses; site plan of the project area; narrative description of the field exploration activities; and recommendations for pavement treatment and rehabilitation methods.
The draft memo will be submitted to the City for review. After the City’s review, we will meet with the City to discuss the recommendations and select the pavement treatments for each street. Following our meeting with the City, we will prepare a final memo summarizing the selected pavement treatments.
Pavement Distress Map
We are anticipating that the selected pavement treatments will require leveling and base repairs (digouts). To more accurately define the areas of pavement distress, we will use our LiDAR data to perform a semi-automated pavement analytic process using our TopoDOT software. This process will create a plane on the roadway using the extracted crown and edges of pavement and then measure data returns in the point cloud above and below that plane. We will then output a .dwg file that identifies pavement distress and categorizes the distress as low, medium, and high. Once identified, these locations will be analyzed for areas for leveling and digouts during the design process.
Using this information, we will prepare a Pavement Distress Map identifying the recommended leveling and digout locations.
Following the preparation of the Pavement Distress Map, we will perform a site walk with the City to further refine the limits of leveling and digouts.
DELIVERABLES:
Topographic Survey (.dwg)
Base Map (.dwg)
Draft and Final Pavement Design Memo (.pdf)
Pavement Distress Map (.pdf)
Task 2: Environmental Services
Not applicable.
EXHIBIT A
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Task 3: Utility Coordination
R.E.Y. will manage the utility investigations for this project following the Caltrans LAPM utility coordination process.
Utility Letter “A”
Shortly after the project kickoff meeting and prior to the topographic survey, the R.E.Y. team will begin its coordination with the local utility companies by sending out requests for owners’ facility maps. The letters will include a project limits map and request the utility owners to respond within 10 business days. Using the maps received, the digital base files will be updated accordingly to reflect the horizontal location of the existing facilities.
Utility Letter “B”
We do not anticipate the need for non-destructive or destructive (i.e. potholing) utility locating to identify utility conflicts. During the 65% design process, we will review the design for potential utility conflicts and document identified conflicts on a Utility Conflict Resolution Map.
R.E.Y. will then contact the affected utility owners and request a Conflict Resolution Plan and Liability Determination (Utility Letter “B”). The letter will include two sets of half-sized 65% Plans and the Utility Conflict Resolution Map to help expedite the conflict resolution process.
Utility Letter “C”
Per the Caltrans LAPM, specific documents must be completed and obtained from utility owners prior to obtaining right-of-way clearance and authorization to proceed with construction. We anticipate that only minor grade adjustments to local agency owned facilities and/or utility purveyors will be needed, with 100% liability determination assigned to utility owners. We also assume that the relocations/adjustments will be made by the City’s contractor during construction of this project. As such, we anticipate completing the following Caltrans LAPM forms will be required:
Exhibit 14-C: FHWA Specific Authorization/Approval of Utility Agreement Exhibit 14-D: Notice to Owner (NTO)
Exhibit 14-E: Report of Investigation (ROI)
Exhibit 14-F: Utility Agreement
Exhibit 14-I: Local Agency/Utility Owner Special Agreement During the 100% design process, we will prepare and coordinate approval of these LAPM forms with Caltrans. Once the forms are approved by Caltrans, we will provide the final NTO (Utility Letter “C”) to the utility owner.
Right-of-Way Clearance Memo
After all utility conflicts have been resolved, the R.E.Y. team will prepare and submit a Utility Clearance Memo. This memo will be incorporated into the City’s request for R/W Certification.
Utility Company Meetings
Throughout the utility coordination process, R.E.Y. will hold up to two (2) meetings with affected utility companies. The meetings will serve to review identified utility conflicts in the field, confirm the proposed utility relocations, and coordinate schedules for the relocation work.
DELIVERABLES:
Utility Letter “A” (.pdf)
Utility Letter “B” (.pdf)
Utility Letter “C” (.pdf)
Right-of-Way Clearance Memo (.pdf)
Up to two (2) utility company meeting agendas and minutes (.pdf)
EXHIBIT A
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Task 4: Plans, Specifications, and Estimate (PS&E)
The necessary improvements will be designed in accordance with the City of Stockton Standard Plans and Specifications, Caltrans Standard Plans and Specifications, the current California MUTCD, and the American Disabilities Act (ADA) guidelines, as appropriate.
R.E.Y. will prepare a complete set of plans, technical specifications, and estimate documents for this project.
The segments of failed curb, gutter, and sidewalk being removed and replaced as part of the project will be generally identified on the plans and conservative quantities will be provided for the construction management team to address in the field with the contractor during construction. We do not anticipate that removing and replacing the failed curb, gutter, and sidewalk segments will require a detailed design. These replacements can be fitted in the field, impacting only the existing curb, gutter, and sidewalk.
The plans are anticipated to include the following sheets:
Title
Legend and Abbreviations
Typical Sections
Details
Project Control
Demolition Plan
Curb Ramp Details
Paving Plan
Striping Plan
Temporary Erosion Control Plan
65% & 90% PS&E
PS&E documents will be submitted to the City for review at the 65% and 90% stages. We will provide one set of the plans (.pdf), technical specifications (.pdf & .docx), and the engineer’s estimate (.pdf & .xlsx) at each milestone submittal. The City will make all comments on design submittals via Bluebeam software. With each stage, R.E.Y. will review comments, incorporate changes into the subsequent submittal, and maintain a matrix to track all comments. 100% PS&E
For the 100% PS&E (Bid Documents) submittal, R.E.Y. will provide one electronic copy via Bluebeam (.pdf) for final review prior to plotting mylars and providing final stamped and signed technical specifications and an engineer’s estimate.
Bid Documents
The final submittal will incorporate all previous review comments, survey information, technical requirements, right-of-way information (where applicable), utility verification/protection, minimum contractor qualifications, any applicable encroachment permit requirements, and City requirements. R.E.Y. will provide the necessary final PS&E documents in a bid-ready form, and the final submittal will include:
One (1) complete electronic plan set of reproducible 24”x36” as well as a copy on mylar (after editorial review of 100% plan check via Bluebeam)
Stamped and signed final specifications (.pdf and .docx) Stamped and signed final cost estimate (.pdf and .xlsx) Drawing files (.dwg) on flash drive
Resident Engineer (RE) File on a flash drive
Quality Control
Quality assurance (QA) and quality control (QC) are critical processes for ensuring work is performed efficiently and accurately. QC is not merely a final review before delivering the work product to the City; rather, it is an ongoing commitment to continuous oversight and critical review throughout project delivery.
EXHIBIT A
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 QA will be led by Jim Fisher, PE, QSD/P, who will conduct periodic audits to verify adherence to QC procedures and compliance with City and Caltrans standards. The QC plan aims to prevent errors, swiftly identify and correct any that arise, and eliminate their root causes to enhance future performance.
For each design submittal, R.E.Y. will use Bluebeam software to review and incorporate comments and create a comment matrix to track all comments. A signed Quality Control Checklist will be included with each design submittal.
RE File
Once bidding is complete and a contractor has been selected, construction documents will be prepared. All bid addenda will be merged into one complete set of conformed construction documents. The Resident Engineer (RE) File will include quantity calculations, notes about important/unique specifications, AutoCAD files, the construction documents (plans and specifications), and any other pertinent information we feel would aid the RE in managing the construction of the project. The RE files will be loaded onto a flash drive and provided to the City.
DELIVERABLES:
65% Plans, Specifications, and Estimate (.pdf, .docx, & .xlsx) 65% Comment Responses (.pdf)
65% Quality Control Checklist (.pdf)
90% Plans, Specifications, and Estimate (.pdf, .docx, & .xlsx) 90% Comment Responses (.pdf)
90% Quality Control Checklist (.pdf)
100% Plans, Specifications, and Estimate (.pdf, .docx, & .xlsx) 100% Comment Responses (.pdf)
100% Quality Control Checklist (.pdf)
Stamped and Signed Bid Documents (.pdf, .docx, & .xlsx) Stamped and Signed Bid Plans (mylar)
Bid Documents Quality Control Checklist (.pdf)
Drawing files (.dwg) on flash drive
RE File on flash drive
Task 5: Public Outreach
Pre-Design Flyers
Prior to performing any field work, we will send out pre-design flyers to the local property owners, residents, businesses, schools, etc. adjacent to the project limits. We will work with City staff to define the project’s geographic limits and identify the property addresses to which we will mail the flyers.
The Pre-Design Flyer will include:
Brief project background, overview, and schedule
Project limits of the road resurfacing and curb ramp improvements Notification of upcoming field work for the design process Consultant team working on the City’s behalf
Project contacts
DELIVERABLES:
Pre-Design Flyers (.pdf and hard copies)
EXHIBIT A
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Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Task 6: Coordination/Meetings
Kickoff Meeting
R.E.Y. will coordinate and administer an in-person project kickoff meeting including representatives from the City’s Public Works Departments. We suggest that maintenance personnel attend the kickoff meeting to assist with discussing the project and potential pavement rehabilitation methods.
A meeting agenda will be prepared and circulated for feedback prior to the kickoff meeting. After the meeting, meeting minutes including action items will be prepared and transmitted to all attendees. Action items will be tracked and followed up on until completed.
Draft Pavement Design Memo and Pavement Distress Site Walk After the City has had sufficient time to review the Draft Pavement Design Memo and once the Pavement Distress Map has been completed, we will schedule a meeting/site walk with the City to discuss the memo, select the preferred pavement treatments, review the Pavement Distress Map against what we see in the field, and refine the limits of leveling and digouts. During the site walk, we will also review and select which segments of failed curb, gutter, and sidewalk that the City would like removed and replaced as part of the project.
Post-65% Submittal Meeting
Once we receive comments from the City on the 65% submittal, we will schedule a virtual meeting with the City to review and clarify their comments prior to proceeding with the 90% design.
Post-90% Submittal Meeting
Once we receive comments from the City on the 90% submittal, we will schedule a virtual meeting with the City to review and clarify their comments prior to proceeding with the 100% design.
Biweekly Check-ins
To assist with staying on-track with this project, we will schedule a 15-minute reoccurring biweekly (once every other week) check-in with the City’s project manager spanning from two weeks after the project kickoff meeting through the bid documents submittal (20 check-ins). The meeting will be held via phone or virtually (i.e. Microsoft Teams). While no formal meeting agenda or minutes will be prepared, these meetings will provide an opportunity for the City’s project manager and R.E.Y.’s project manager to discuss the status of the project, outstanding action items, and upcoming deliverables.
DELIVERABLES:
Kickoff Meeting agenda and minutes (.pdf and hard copies) Draft Pavement Design Memo and Pavement Distress Map Site Walk agenda and minutes (.pdf and hard copies) Post-65% PS&E Meeting agenda and minutes (.pdf and hard copies) Post-90% PS&E Meeting agenda and minutes (.pdf and hard copies)
EXHIBIT A
ATTACHMENT B
294
Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Task 7: Design Support During Construction (DSDC)
Bid Support
Once the Final Bid Documents are approved, R.E.Y. will assist the City throughout the bidding process including compliance with Chapter 15 of the LAPM up to the budgeted amount in our contract. During the bidding phase, our team will assist with responding to requests for information (RFIs) and providing clarifications including preparing revised plan sheets for any bid addenda needed.
Bidding and Construction Meetings
During bidding and construction, we will attend up to three (3) meetings:
In-person Pre-Construction Meeting (1)
Up to two (2) field meetings/observations during construction Construction Engineering Support
Once construction is underway, our team will provide construction engineering support as requested by the City and/or construction management team up to the budgeted amount in our contract including:
Reviewing shop drawing submittals
Responding to RFIs
Preparing clarification sketches
Preparing revised plan sheets for contract change orders Coordination with the City project manager, Resident Engineer, Construction Inspector, and contractor Task 8: As-built Drawings
R.E.Y. will prepare Record Drawings based on information supplied by the construction manager and contractor. The Record Drawings will conform to Chapter 17 of the LAPM. A draft version will be provided to the City for their feedback, and a final version ready for plotting on mylar will be provided once the City’s feedback is incorporated.
DELIVERABLES:
Draft and Final As-built Drawings (.pdf & .dwg)
EXHIBIT A
ATTACHMENT B
295
Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Task 9: Preserving and Perpetuating Survey Monuments
Under state law, the governmental agency performing or permitting construction or maintenance work is responsible for the perpetuation of survey monuments and/or the enforcement of survey monument perpetuation in accordance with California’s Business and Professions Code §8771 (b) and California’s Streets and Highways Code §1810.5. The perpetuation of survey monuments is required and intended to protect both public and private property rights in accordance with federal and state law.
Once the design has progressed to the point that we know the construction envelope, we will validate our research of San Joaquin County records, including recorded maps and surveys, City block books, corner records, and the Chas. Widdows maps. Approximate locations of known monuments will be added to a GIS land-net database and used in the field for general search locations inside the construction envelope. As more monuments are found, the land-net and search areas can be refined.
Depending on the number of monuments that are subject to disturbance, we will prepare either pre-construction corner records or a record of survey, perpetuating all monuments found in a single recorded document.
Language will be included in the 100% Specifications requiring the contractor to hire a licensed land surveyor to confirm preservation of any additional survey monuments within the project limits or reset any disturbed monuments within the project limits.
DELIVERABLES:
Pre-Construction Corner Records (.pdf)
Task 10: Right of Entry
While all work is currently assumed to be performed within the City’s right-of-way, we have included enough budget to assist the City with obtaining two (2) rights of entry. While preparing the 65% design, we will evaluate potential impacts to private property outside of the City’s right-of-way or easement. Should an impact be discovered, we will prepare a Property Owner Exhibit depicting the work needing to be done on their property. Using a right of entry form provided by the City, we will send out a letter (including the exhibit and right of entry form) to each property owner requesting their signature. We will meet with each property owner up to one (1) time on-site to review the potential impacts and coordinate with each property owner to obtain their signature on the right of entry form.
DELIVERABLES:
Up to two (2) signed right of entry forms (.pdf)
EXHIBIT A
ATTACHMENT B
296
Project No. WD25006 | Proposal for Professional Services for the S T R E E T R E S U R F A C I N G O N F E D E R A L - A I D S T R E E T S F Y 2 0 2 4 - 2 5 Assumptions
Plan sheets for the Pershing Avenue segment are stamped, signed, and bid ready, and the CAD (.dwg) files will be provided by the City.
City will provide Traffic Indices (TIs) for each road segment. City will provide pavement design life for each road segment. Caltrans Encroachment Permit is not anticipated.
City will process and pay for any permits (including encroachment) or provide them at no cost. Field work will be performed during regular working hours (no overtime). Bid alternatives are anticipated.
Removal and replacement of up to six (6) curb ramps are included in the project. Improvements to address positive surface drainage are included in the project, but the scope of these improvements is unknown at this time and may require additional budget once the limits of improvements are determined. Removal and replacement of damaged curb, gutter, and sidewalk is included in the project; but the scope of these improvements is unknown at this time and may require additional budget once the limits of improvements are determined. Underground drainage design is not included.
Existing drainage systems are adequately sized; therefore hydrologic, hydraulic, or water quality studies are not required. Treatment control, low-impact development, or hydromodification methods for storm water management are not required. City will provide boiler plate Front End Documents (Notice to Bidders, Contract, etc.). City staff will file a Notice of Exemption under CEQA. City staff will prepare all required environmental technical studies and obtain NEPA clearance. Utility locating will not be required.
Utility conflicts will be limited to adjustments to grade. Utility owners will be 100% liable for resolving utility conflicts. All field work for design and construction will be performed within the City’s right-of-way. Right-of-Way acquisitions, including temporary construction easements, are not anticipated. Coordination with adjacent property owners or roadway users including but not limited to San Joaquin Regional Transit District, Stockton Unified School District, Lincoln Unified School District, and San Joaquin Delta College will be performed by others (i.e. City, construction manager, contractor, etc.) City will prepare and process R/W Certification.
City will prepare and process Request for Authorization for Construction funds (RFA for CON). Contractor will prepare any construction staging/sequencing and traffic control plans. Contractor will prepare a SWPPP or WPCP and obtain a WDID Number, if necessary. Contractor will either protect in place or replace any survey monuments affected during construction. Construction management and inspection services are not included in this scope of services. City is only using design and construction funding identified in the Project Understanding. Should additional funds be required for construction, additional funds may be required for design.
EXHIBIT A
ATTACHMENT B
297
TASK DESCRIPTION
Jessica Cheung
Associate
Engineer I
Kevin Hoover
Associate
Engineer IV
Keith Jukes
Senior Engineer I
Jim Fisher
Principal Manager
II
2-Person Survey
Crew
Cliff Brison
Assistant
Surveyor II
Danny Clark
LiDAR Technician
III
Tom Cade
Senior Surveyor V
Joe Feyder
Principal Manager
II
Project Manager
Staff Professional
(Non-PW)
Staff Professional
(PW - Cat 3)
CADD Designer
(Non-PW)
Principal
Professional
(Non-PW)
Administration
and Dispatching
Billing Rate $160.00 $199.00 $215.00 $325.00 $360.00 $142.00 $210.00 $295.00 $325.00 $215.00 $190.00 $220.00 $166.00 $285.00 $115.00 15% 1 40 18 20 56 76 40 36 18 304 $70,104 $3,000 $73,104 19 10 14 2 2 6 53 $10,657 $11,889 $22,546 357 80,761 $ 14,889 $ 3,382 $ 99,032$ 2 - $ - $ - $ -$
3 24 34 23 81 $15,551 $15,551 81 15,551 $ - $ - $ 15,551$ 4 264 276 51 12 603 $112,029 $350 $112,379 603 112,029 $ 350 $ - $ 112,379$ 5 8 4 2 14 $2,506 $50 $2,556 14 2,506 $ 50 $ - $ 2,556$ 6 30 58 9 97 $21,365 $21,365 97 21,365 $ - $ - $ 21,365$ 7 24 24 30 3 81 $16,041 $16,041 81 16,041 $ - $ - $ 16,041$ 8 18 6 3 1 28 $5,044 $200 $5,244 28 5,044 $ 200 $ - $ 5,244$ 9 4 16 8 28 $5,732 $5,732 28 5,732 $ - $ - $ 5,732$ 10 8 8 10 26 $5,022 $5,022 26 5,022 $ - $ - $ 5,022$ 386 400 201 25 56 92 40 36 26 1,262 $253,394 $3,600 $256,994 19 10 14 2 2 6 53 $10,657 $11,889 $22,546 1,315 264,051 $ 15,489 $ 3,382 $ 282,922$ TOTAL HOURS 386 400 201 25 56 92 40 36 26 1,262 19 10 14 2 2 6 53 1,315 TOTAL DOLLARS $61,760 $79,600 $43,215 $8,125 $20,160 $13,064 $8,400 $10,620 $8,450 $253,394 $3,600 $256,994 $4,085 $1,900 $3,080 $332 $570 $690 $10,657 $11,889 $22,546 264,051 $ 15,489 $ 3,382 $ 282,922$ TOTALS
Street Resurfacing on Federal-Aid Streets FY 2024-25 Project No. WD25006 City of Stockton
Fee Estimate
Revised 4.11.2025
R.E.Y. Engineers, Inc. Kleinfelder
Hours
Labor Cost
ODC's
Subtotal
Hours
Labor Cost
ODC's
Subtotal
TOTAL DOLLARS
I. Phase
Background
Research
Environmental Services
TOTAL HOURS
TOTAL LABOR COST
TOTAL ODC'S
SUB MARKUP
Coordination/Meetings
Design Support During Construction (DSDC)
As-built Drawings
Utility Coordination
Plans, Specifications, and Estimate (PS&E)
Public Outreach
Preserving and Perpetuating Survey Monuments
Right of Entry
SUBTOTAL
R.E.Y. Engineers, Inc.
EXHIBIT B
ATTACHMENT B
298
Labor Classification 2025 Rate* 2026 Rate* 2027 Rate*
Technician I $108 $112 $117
Technician II $126 $131 $136
Technician III $144 $150 $156
Senior Technician I $155 $161 $168
Senior Technician II $175 $182 $189
Senior Technician III $195 $203 $211
LiDAR Technician I $165 $172 $178
LiDAR Technician II $190 $198 $206
LiDAR Technician III $210 $218 $227
Senior LiDAR Specialist I $220 $229 $238
Senior LiDAR Specialist II $249 $259 $269
Assistant Engineer/Surveyor I $129 $134 $140
Assistant Engineer/Surveyor II $142 $148 $154
Assistant Engineer/Surveyor III $155 $161 $168
Assistant Engineer/Surveyor IV $168 $175 $182
Assistant Engineer/Surveyor V $181 $188 $196
Associate Engineer/Surveyor I $160 $166 $173
Associate Engineer/Surveyor II $173 $180 $187
Associate Engineer/Surveyor III $186 $193 $201
Associate Engineer/Surveyor IV $199 $207 $215
Associate Engineer/Surveyor V $212 $220 $229
Senior Engineer/Surveyor I $215 $224 $233
Senior Engineer/Surveyor II $235 $244 $254
Senior Engineer/Surveyor III $255 $265 $276
Senior Engineer/Surveyor IV $275 $286 $297
Senior Engineer/Surveyor V $295 $307 $319
Principal Manager I $300 $312 $324
Principal Manager II $325 $338 $352
Expert Witness Testimony/Deposition $488 $508 $528
1-Person Survey Crew $220 $229 $238
2-Person Survey Crew $360 $374 $389
3-Person Survey Crew $480 $499 $519
Project Coordinator $135 $140 $146
Senior Project Coordinator $222 $231 $240
Grant Administrator $222 $231 $240
Expense Classification
Terrestrial LiDAR Equipment (per hour - 2-hour min.) $225 $234 $243 Mobile LiDAR Equipment (per hour - 4-hour min.) $785 $816 $849 UAV LiDAR Equipment (per flight day) $925 $962 $1,000
Bathymetric Survey Vessel (per project day) $1,180 $1,227 $1,276$ Special Monuments and Iron Stakes Cost Cost Cost
Outside Reproductions and Services Cost + 15% Cost + 15% Cost + 15% Subconsultants Cost + 15% Cost + 15% Cost + 15%
In-House Large Format Prints (B+W) $0.50/SF $0.50/SF $0.50/SF In-House Large Format Prints (Color) $1.00/SF $1.00/SF $1.00/SF City of Stockton
Street Resurfacing on Federal-Aid Streets FY 2024-25
Project No. WD25006
FEE SCHEDULE
- Field rates for night shift work will be charged at 110% of the regular rate.
Legend
* Rates above are the hourly rate to be charged for each classification unless otherwise noted.
Notes
- Rates are valid through December 31, 2027.
- Reimbursement for mileage is included in the rates above. - Rate for overtime for field and non-exempt employees will be charged at 135% of rate listed above. - Rate for double time for field and non-exempt employees will be charged at 170% of rate listed above.
ATTACHMENT B
EXHIBIT
B
299
Project No. WD25006 | Proposal for Professional Services for the STREET RESURFACING ON FEDERAL-AID STREETS FY 2024-25
Project Schedule
EXHIBIT C
ATTACHMENT B
REV 2024-03-25
Exhibit D:
Insurance Requirements
(Professional Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commerc
ial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile
Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Co
mpensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professio
nal Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Co
nsultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insu
rance Provisions
The insura
nce policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT D
ATTACHMENT B
301
REV 2024-03-25
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
EXHIBIT D
ATTACHMENT B
302
REV 2024-03-25
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Sel
f-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
EXHIBIT D
ATTACHMENT B
303
REV 2024-03-25
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certif
icate Holder Address
The a
ddress for mailing certificates, endorsements and notices shall be:
City
of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D
ATTACHMENT B
304
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 E
ATTACHMENT B
305
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 E
ATTACHMENT B
306
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 E
ATTACHMENT B
307
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 E
ATTACHMENT B
308
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT E
ATTACHMENT B
309
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 E
ATTACHMENT B
310
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 E
ATTACHMENT B
311
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 E
ATTACHMENT B
312
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 E
ATTACHMENT B
313
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
EXHIBIT E
ATTACHMENT B
314
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 E
ATTACHMENT B
315
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 E
ATTACHMENT B
316
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 E
ATTACHMENT B
317
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 E
ATTACHMENT B
318
City of Stockton
Legislation Text
File #: 25-0298, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE EL DORADO STREET BRIDGE OVER BIANCHI
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE16-25 under the California Environmental Quality Act for the El Dorado Street Bridge over Bianchi, Project No. WT22002.
2. Approve the plans and specifications for the El Dorado Street Bridge over Bianchi, Project No.
WT22002.
3. Award a Construction Contract in the amount of $127,369 to Valentine Corporation of San Rafael, CA, for the El Dorado Street Bridge over Bianchi, Project No. WT22002.
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 repair the bridge column under the El Dorado Street bridge along Bianchi Road that was damaged by a vehicle accident (Attachment A). The structural integrity of the bridge was compromised but acceptable for normal use; however, if not repaired in a timely manner, can cause safety issues. The project was included in the 2021-2026 Five-Year Capital Improvement Plan (CIP).
On March 20, 2025, the City received three bids for this project. The bid from BGS Builders, Inc. failed to provide bid documents in accordance with the bid requirements. After further review, Public Works, in coordination with the City Attorney’s Office, determined BGS Builders, Inc.'s bid non- responsive.
It is recommended that Council award a Construction Contract to the lowest responsive bidder, Valentine Corporation, in the amount of $127,369. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE16-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed in summer 2025, weather permitting.
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File #: 25-0298, Version: 1
DISCUSSION
Background
In 2021, a vehicle accident caused damage to the bridge column under the El Dorado Street bridge along Bianchi Road (Attachment A). Structural engineers evaluated the bridge and determined that the structural integrity of the bridge is satisfactory for normal use and operation; however, maintenance repairs are necessary. The project will include concrete repairs and installation of a guardrail system adjacent to the roadway intended to prevent future column damage.
On January 24, 2022, the City retained Siegfried Engineering, Inc. to assess the bridge column, prepare plans, specifications, and an estimate for the construction phase of the project.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost was less than $1 million.
Present Situation
On February 13, 2025, the El Dorado Street Bridge over Bianchi, Project No. WT22002, was advertised for bids. On March 20, 2025, three bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
BGS Builders, Inc. $ 88,000 $ 83,600
(Stockton, CA)
Valentine Corporation $127,369 $127,369
(San Rafael, CA)
T.P.A. Construction, Inc. $151,766 $151,766
(Roseville, CA)
Engineer’s Estimate $ 82,500
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. BGS Builders, Inc. is located within Stockton and is entitled to a five percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
BGS Builders, Inc. submitted the lowest bid; however, they were disqualified for not providing documentation showing that they were registered with the Department of Industrial Relations and not providing the signed Letter of Clarification No. 1 at the time of the bid. Staff, in coordination with the City of Stockton Printed on 6/18/2025Page 2 of 3
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File #: 25-0298, Version: 1
City Attorney’s Office, determined that BGS Builders, Inc. was non-responsive for failing to comply with the bid requirements.
The bid from Valentine Corporation, 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 Valentine Corporation of San Rafael, CA, in the amount of $127,369, for the El Dorado Street Bridge over Bianchi, Project No. WT22002.
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.
NOE16-25 under CEQA.
Construction is anticipated to begin and be completed in summer 2025, weather permitting.
FINANCIAL SUMMARY
There is sufficient funding in the El Dorado Street Bridge over Bianchi, Project No. WT22002, to award a Construction Contract to Valentine Corporation of San Rafael, CA, in the amount of $127,369.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
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PERSHING AV
PACIFIC AV
PACIFIC AV
PERSHING AV
AV
BENJAMIN HOLT DR
MARCH LN
HARDING WY
µ
0 0.2 0.4 0.6 0.80.1
Miles
LEGEND
Project Location
County Limits
EL DORADO STREET BRIDGE OVER BIANCHI,
PROJECT NO. WT22002
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
Project Location
MARCH LN
BIANCHI RD
ATTACHMENT A
EL DORADO ST
EL DORADO ST
322
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE16-25,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE EL DORADO STREET BR IDGE OVER BIANCHI, PROJECT NO. WT22002
On March 20, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the El Dorado Street Bridge over Bianchi, Project No. WT22002; and
The project will repair the bridge column under the El Dorado Street bridge along Bianchi Road that was damaged by a vehicle accident; and
Valentine Corporation is the lowest responsive bidder in the amount of $127,369 and its bid is regular in all respects; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified und er section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE16-25 under the CEQA for the El Dorado Street Bridge over Bianchi, Project No. WT22002, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council a pproves the plans and specifications for the El Dorado Street Bridge over Bianchi, Project No. WT22002.
3. The City Council awards a Construction Contract between the City of Stockton and Valentine Corporation, in the amount of $127,369, 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.
//
//
//
//
323
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 24, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
324
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: CO
UNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE
OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJE
CT DATA
Project Title: El Dorado Street Bridge over Bianchi Road, Project No. WT22002 CEQA Exemption File No.: NOE 16-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton’s Public Works Department’s will repairthe bridge column under the El Dorado Street bridge along Bianchi Road caused by vehicle damage.
DETERMINATION/FINDING OF EXEMPTION
The above -described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The act
ivity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CE QA Guidelines Section 15061(B)(3).
The project is "S tatutorily Exempt" per CEQA Guidelines Section: __________ X The project is " Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASI
S 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 March 17, 2025
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Cesar Lopez-Garcia, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ AFFI
DAVIT OF FILING AND POSTING
I declar
e that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________
________
Posting Period Ending Date
EXHIBIT 1
325
CONSTRUCTIO
N CONTRACT
This contr
act is made and entered into on , by and between VALENTINE CORPORATION, a STATE OF CALIFORNIA CORPORATION, with a business address at 111 PELICAN WAY, SAN RAFAEL, CA 94901 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S
S E T H:
WHEREAS, plans
and specifications for the construction of EL DORADO STREET BRIDGE OVER BIANCHI, PROJECT NO. WT22002, 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 R
esolution No. , on .
NOW, THERE
FORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SER
VICES. 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. COMPENSAT
ION. 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 $127,369.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. C
ONTRACTOR 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
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 326
It shall
be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
Furtherm
ore, 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 i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Addit
ional 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 limi
ts 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.
All self-ins
ured 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.
Polici
es 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 res
erves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Failure t
o exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTO
R 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.
CONTRACTO
R 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 EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 327
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. INDEMNI
TY 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, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Direc
tor 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 60 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is f
urther 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 EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 328
may be dee
med proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A worki
ng day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CON
TRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE
TO APPLICABLE LAWS. Contractor shall comply with
all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI
of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.
The City
of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMI
NATION AND HARASSMENT POLICY
The City
of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 329
and harassm
ent, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR ST
ANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder s
hall 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. PREVAILIN
G WAGE
CONTR
ACTOR 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 e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONT
RACTOR 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 C
ONTRACTOR 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 EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 330
any subcontr
actor 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 ma de under the terms of this contract.
iii. The CON
TRACTOR 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 Complianc e 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 CONT
RACTOR 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 E
MPLOYMENT 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. SANCTIO
NS
Deliver
ables 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 agr
ees:
8. COMPENS
ATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 331
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 therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURIT
IES. 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 ORDE
RS. CITY reserves the right to make such alterations,
deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such
changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Process
ing 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. CI
TY 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.
CONTR
ACTOR 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 EXHIBIT 2
Local Construction Contract – VALENTINE CORPORATION – PROJECT NO. WT22002 (Updated 10/18/23) 332
investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a w�iver 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: ____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
By: ____________ _
STEVE COLANGELO
INTERIM CITY MANAGER
By: Bd"t..LT O ��
VALENTINE CORPORATION
Robert 0. Valentine - President
94-1580884
Tax Identification No.
Local Construction Contract-VALENTINE CORPORATION -P ROJECT NO. WT22002 (Updated 10/18/23) EXHIBIT 2
333
EL DORADO STREET BRIDGE OVER BIANCHI
PROJECT NO. WT22002
BI D DING 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 Unit Quantity Unit price Total Price
1 2
3 4
5 6
7 8
Bid Forms
MOBILIZATION/GENERAL CONDITIONS
TRAFFIC CONTROL & SIGNAGE
BRIDGE DECK TEMPORARY SHORING
DAMAGED COLUMN PARTIAL DEMOLITION
INSTALL MIDWEST GUARDRAIL SYSTEM W/
STEEL POSTS & END ANCHOR ASSEMBLY
INSTALL GUARDRAIL IN-LINE TERMINAL END
TREATMENT(CAL TRANS APPROVED)
COLUMN REPAIR
EROSION CONTROL
LS
LS
LS
LS
LF
EA
LS
LS
1 1
1 1
160
1 1
1 -�� 1;?b1
--
�J/;?i/J
.t.
�
$ ....lk2- ��
c?� 1}1)0 $"d�aPt>-
BIDDER'S NAME Valentine Corporation
Last Revised 03/05/2024
EXHIBIT 2
EXHIBIT A
334
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) □ □ □
[x]
Cash, or
Cashier's check, or
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.
For any amount not less than ten percent (10%) of the aggregate of the bid.
ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:
1. 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
Valentine Corporation 415-453-3732
Name of Firm Phone
111 Pelican Way San Rafael, CA 94901
Address City
229225 A, B & HAZ
Contractor Lie. No. & Classification
State
94-1580884
Tax I.D. No.
Zip
01/31/26
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 representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY e�o.14�
Signature Robert O. Valentine
Bid Forms
BIDDER SIGN
¢::: HERE President ----------
Title
Last Revised 03/05/2024
EXHIBIT 2
EXHIBIT A
335
10/10/24, 9:18AM
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t:11du1tri1l �tMinis
Valentine Corporation
eCPR Public Search
Public Works Support
Contractors
Projects
Services
Your information ..,.
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Customer Account Lookup
Name
l Valentine Corporation
Customer Account
Type
RJ
RJ Reinnia Jennings
Logout
1 /4
EXHIBIT 2
EXHIBIT A
10/10/24, 9:18AM
Website
(empty)
Email
[email protected]
Address 1
111 Pelican Way
Address_2
City
San Rafael
State
CA
Zip
Contractor Status
; DIR Approved
CSLB
Legal Name
VALENTINE CORPORATION
Business Structure
: -- None --
Valentine Corporation
2/4
EXHIBIT 2
EXHIBIT A
337
10/10/24, 9: 18 AM Valentine Corporation
Business Phone
4154533732
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, " - ,.,.,,,_ �""''""" ••=••• ,,w,-• -v-.m ••"""""'•"�• ••�•• ••• " .,.,..,.,,_,.,,,, '"'" ,- , ••••••• •~ •• • .,,_u•••�•""'�••••M"-•••~"''�"" ~-----�"., .. ,,.,,_, ,.,,_,_,,,,_,,, .. ,.,"""" President
Robert 0. Valentine Jr.
PWCR
Registration Start Date
2024-07-01
Registration End Date
2027-06-30
Doing Business As (OBA)
Crafts
Carpenter Cranes, Pile Driver and Hoisting Equipment (Operating Engineer) Operating Engineer Laborer and Related Classifications Carpenter and Related Trades Pile Driver (Carpenter) Cement Mason
PILE DRIVER (OPERATING ENGINEER-HEAVY AND HIGHWAY WORK) Dredger (Operating Engineer) Operating Engineer (Heavy and Highway Work) : LABORER Legacy Registration Date
Legacy Registration Expiration
3/4
EXHIBIT 2
EXHIBIT A
338
LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR: Valentine Corporation
PROJECT: El Dorado Street Bridge Over Bianchi
PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.
Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.
PRINT LEGIBLY OR TYPE
BUSINESS LICENSE DEPT. OF
NAME/ADDRESS NUMBER & INDUSTRIAL
LICENSE RELATIONS
CLASSIFICATION REGISTRATION
NUMBER
M1d�-fe IJ,irr,e;r
'-��/« • -• .. ft.tJ- 6::l1t,2/ /t'�M.53�
r:::;, , / BIDDER SIGN
,tCt>�E.,t(.:T 0, 1,/,q'-A-.... -- <= HERE �------�------- (SIGNATURE OF BIDDER)
Robert 0. Valentine - President
Bid Forms
TYPE OF WORK
M tdt,v��
�1,..o--l,1r.-4 I
AMOUNT
f.1:u>.1� -
Last Revised 03/05/2024
EXHIBIT 2
EXHIBIT A
339
Exhibit B:
Insurance Requirements
(WT22002)
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. Comm
ercial 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. Auto
mobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Build
er’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
If the
contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self -Insured Retentions
Self
-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim EXHIBIT 2
EXHIBIT B
340
administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:
1. The Cit
y of Stock ton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For
any cl
aims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each
insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Builder’s Risk (Course of Construction) Insurance
EXHIBIT 2
EXHIBIT B
341
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.
If the
project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.
Claims
Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The r
etroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insura
nce must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If co
verage 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 co
py 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 EXHIBIT 2
EXHIBIT B
342
underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contr
actor 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 EXHIBIT 2
EXHIBIT B
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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 B
ond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The P
ayment 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.
Certi
ficate Holder Address
The a
ddress 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
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 9408099
Premium: $1,172.00
That we, Valentine Corporation ' a STATE OF CALIFORNIA
CORPORATION, as Principal and Fidelity and Deposit Company of Maryland _______ , a corporation, organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($127,369}, 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:
EL DORADO STREET BRIDGE OVER BIANCHI
PROJECT NO. WT22002
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of
EXHIBIT 2
359
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 May 8, 2025----------------
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:----------
DEPUTY CITY ATTORNEY
Valentine Corporation
By:&e�t:J.�
PRINCIPAL
Robert 0. Valentine, President
Fidelity and Deposit Company of Maryland
SURETY
onathan Russell, ATTORNEY-IN-FACT
EXHIBIT 2
360
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or VicePresident may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, polices, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer orany such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or auhority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Aticle V, Section 8, of the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an AssistantSecretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bmring such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signatue of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearhg upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same forceand effect as though manually affixed.
IN mIIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this_�...,.___ day of M�y 2-{)2S .
Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONT ACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT 2
361
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Contra Costa }
On _5_/,__-S�/_z_S--___ before me, Carol B. Henry , Notary Public, Date In sert Name of Notary exactly as it appears on the official seal personally appeared Jonathan Russell ---------------,-,Na_m_e.,...(s,-) o-:-r=si-gn-er....,.(s.,...) -------------- � : •:: e e �:L�. :N� e e
�
- Notary Public - California
! � Contra Costa County !
y I? Commission # 2481886 -
My Comm. Expires Feb 15, 2028
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my ha tn officia
Signature '/)
OPTIONAL
Though the information below is not required by law, it may prove valuable and could prevent fraudulent removal and reattachment of the i ersons relying on the document
to another document.
Description of Attached Document
Title or Type of Document: ------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Jonathan Russell
0 Individual
O Corporate Officer -Title(s): ________ _
0 Partner D Limited O General
rl! Attorney in Fact
O Trustee
D Guardian or Conservator
0 Other: ______ _
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
D Individual
O Corporate Officer -Title(s): ________ _
D Partner D Limited D General
0 Attorney in Fact
O Trustee
O Guardian or Conservator
D Other: ______ _
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
EXHIBIT 2
362
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
Bond No.: 9408099
Premium: Included in
Performance Bond
That we, VALENTINE CORPORATION, a STATE OF CALIFORNIA
CORPORATION, as Principal and Fidelity and Deposit Company of Maryland , corporation, organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($127,369), 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:
EL DORADO STREET BRIDGE OVER BIANCHI
PROJECT NO. WT22002
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
EXHIBIT 2
363
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on __ M_a ....;_y_8_, _20_ 2_5 _________ ----= Valentine Corporation
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-----------
DEPUTY CITY ATTORNEY
By: &eAr CJ.¼�
PRINCIPAL . d Robert O. Valentine, Presi ent
Fidelity and Deposit Company of Maryland
SURETY
onathan Russell, ATTORNEY-IN-FACT
EXHIBIT 2
364
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or VicePresident may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, polices, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer orany such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify ofrevoke any such appointment or atthority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERJCAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Aticle V, Section 8, of the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an AssistantSecretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereofbwring such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signatue of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearilg upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same forceand effect as though manually affixed.
INJ,�TIMONY WHE�OF, I have hereunto sub�bed my name and affixed the corporate seals of the said Companies, this_...,/).�- day of Mg,Y 1,-oZ,,':2_ .
Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT 2
365
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Contra Costa }
On __ 5' ____ /_-g_/_2-_S--___ before me, Carol B. Henry , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Jonathan Russell--------------�Na-
me
,--(s)�o�f s=
ig-n-er�(s�) --------------
········�
CAROL B. HENRY
Notary Public • California
Contra Costa County !
Commission # 2481886 -
y Comm. Expires Feb 15, 2028
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoin� paragraph is true and correct. ,,,.,
Witness my
Signature -=-+��'l"-:-,--=-J":r-�---------
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document: ------------------------------- Document Date: ------------------- Number of Pages: ________ _ Signer(s) Other Than Named Above: _________ _____ ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Jonathan Russell
0 Individual
O Corporate Officer -Title(s): ________ _
0 Partner O Limited O General
� Attorney in Fact
O Trustee
O Guardian or Conservator
0 Other: _______ _
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
D Individual
O Corporate Officer -Title(s): ________ _
D Partner D Limited D General
D Attorney in Fact
O Trustee
O Guardian or Conservator
0 Other: ______ _
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
EXHIBIT 2
366
City of Stockton
Legislation Text
File #: 25-0299, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FISCAL YEAR 2024-25 SB1 PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $80,000 from the Gas Tax fund balance to the City Street Re-Striping Fiscal Year 2024-25 SB1, Project No. WD25009.
2. Approve the Notice of Exemption No. NOE18-25 under the California Environmental Quality Act for the City Street Re-Striping Fiscal Year 2024-25 SB1, Project No. WD25009.
3. Approve the plans and specifications for the City Street Re-Striping Fiscal Year 2024-25 SB1, Project No. WD25009.
4. Award a Construction Contract in the amount of $301,867.50 to Chrisp Company of Stockton, CA, for the City Street Re-Striping Fiscal Year 2024-25 SB1, Project No. WD25009.
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 re-stripe 28 intersections Citywide and four centerline miles of arterial and collector roads, including lane line striping (Attachment A). The improvements include refreshing crosswalks, limit lines, pavement legends that are worn, and modification of striping and traffic signs. The project was included in the 2024-29 Five-Year Capital Improvement Plan (CIP).
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, Chrisp Company, in the amount of $301,867.50. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE18-25 under the California Environmental Quality Act (CEQA), approving the plans and specifications, and appropriate funds for the project.
Construction is anticipated to begin in summer 2025 and be completed by spring 2026, weather permitting.
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File #: 25-0299, Version: 1
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City's overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.
Approximately $8.27 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2024-25 and approved by Council on May 14, 2024, by Resolution No. 2024-05-14-1220.
The City Street Re-Striping FY 2024-25 SB1, Project No. WD25009, was included in the 2024-29 Five-Year CIP. The project will re-stripe 28 intersections Citywide and four centerline miles of arterial and collector roads (Attachment A). The improvements include lane line striping, refreshing crosswalks, limit lines, and pavement legends that are worn. Existing worn traffic stripes and markings will be primed, and a new coat of thermoplastic material will be applied. Thermoplastic comprises plastic, binders, and glass beads to provide durability and retro-reflectivity to aid nighttime driving. The application is anticipated to last approximately five years. The project also includes the modification of some striping configurations and traffic signs. The selection criteria for this project was developed through visual inspection of the roads, existing work orders, and citizen requests 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 14, 2025, the City Street Re-Striping FY 2024-25 SB1, Project No. WD25009, was advertised for bids. On May 8, 2025, two bids were received with the following results:
COMPANY NAME BID AMOUNT
Chrisp Company $301,867.50
(Stockton, CA)
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File #: 25-0299, Version: 1
Specialized Pavement Marking, LLC $350,126.70
(Tualatin, OR)
Engineer’s Estimate $253,587.30
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.
The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Chrisp Company, 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 Chrisp Company, of Stockton, CA, in the amount of $301,867.50, for the City Street Re-Striping FY 2024-25 SB1, Project No. WD25009.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is Categorically Exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a categorical exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE18-25 under CEQA.
Construction is anticipated to begin in summer 2025 and be completed by spring 2026, weather permitting.
FINANCIAL SUMMARY
With the appropriation of funds in the amount of $80,000 from the Gas Tax fund balance to the City Street Re-Striping FY 2024-25 SB1, Project No. WD25009, there will be sufficient funding available to award a Construction Contract to Chrisp Company in the amount of $301,867.50.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
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CITY STREET RE-STRIPING FY 24-25 SB1
PROJECT NO. WD25009
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT A
370
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE APPROPRIATION OF FUNDS, NOTICE OF EXEMPTION NO. NOE18-25, APPROVING THE PLANS AND SPECIFICATIONS, AND
AWARDING A CONSTRUCTION CONTRACT FOR THE CITY STREET RE-STRIPING FISCAL YEAR 2024-25 SB1, PROJECT NO. WD25009
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 City Street Re-Striping Fiscal Year (FY) 2024-25 SB1, Project No. WD25009; and
The project will re -stripe 28 intersections Citywide and four centerline miles of arterial and collector roads . The improvements include lane line striping , refreshing crosswalks, limit lines, and pavement legends that are worn; and
Chrisp Company is the lowest responsive bidder in the amount of $301,867.50; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the appropriation of funds in the amount of $80,000 from the Gas Tax fund balance to the City Street Re -Striping FY 2024-25 SB1, Project No. WD25009.
2. The City Council approves the filing of Notice of Exemption No. NOE18-25 under the CEQA for the City Street Re-Striping FY 2024-25 SB1, Project No. WD25009, a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Council a pproves the plans and specifications for the City Street Re-Striping FY 2024-25 SB1, Project No. WD25009.
4. The City Council awards a Construction Contract between the City of Stockton and Chrisp Company, in the amount of $301,867.50, 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.
//
371
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, City of Stockton
372
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 15062
PROJECT DATA
Project Title: CITY STREET RE-STRIPING FY 2024-25 SB1 PROJECT NO. WD25009 CEQA Exemption File No.: NOE 18-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton's Public Works Department will be re-striping worn traffic striping along arterial and collector streets.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations,
Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061 (8)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _x_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply. • .--
__JL_ 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
March 26. 2025
(DATE OF PREPARATION)
cliettJ-sy ________________ _
Chanel Teach, Project Manager (DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
373
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This c ontract is made and entered into on _____________, by and between CHRISP COMPANY , a STATE OF CALIFORNIA CORPORATION, with a business address at 1001 STOKES AVENUE , STOCKTON , CA 95215 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of CITY STREET RE - STRIPING FY 2024-25 SB1 (PROJECT NO. WD25009), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $301,867.50, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
374
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (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 i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess 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.
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 i nsurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its EXHIBIT 2
375
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23) officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y 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 40 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 th erefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($3,200.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the a mount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
EXHIBIT 2
376
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23) A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
EXHIBIT 2
377
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23) The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure 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 directl y 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) 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 EXHIBIT 2
378
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23) 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 Complianc e 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 therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
EXHIBIT 2
379
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23)
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.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
EXHIBIT 2
380
Local Construction Contract – CHRISP COMPANY – PROJECT NO. WD25009 (Updated 10/18/23) 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:
CHRISP COMPANY
By:
DEPUTY CITY ATTORNEY
Tax Identification No.
EXHIBIT 2
381
CITY STREET RE-STRIPING FY 2024-25 SB1
PROJECT NO. WD25009
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 Unit Quantity Unit price Total Price
1 Mobilization LS 1 17,000.00 17,000.00
2 Traffic Control LS 1 17,000.00 17,000.00
RE-STRIPING
3 Striping Preparation Work LS 1 10,000.00 10,000.00
4 Install Striping Detail 2 LF 9,135 0.80 7,308.00
5 Install Striping Detail 9 LF 15,829 0.80 12,663.20
6 Install Striping Detail 12 LF 13,830 1.00 13,830.00
7 Install Striping Detail 22 LF 20,651 1.60 33,041.60
8 Install Striping Detail 278 LF 20,048 1.20 24,057.60
9 Install Striping Detail 27C LF 1,101 1.20 1,321.20
10 Install Striping Detail 27M LF 1,937 1.20 2,324.40
11 Install Striping Detail 29 LF 3,383 4.00 13,532.00
EXHIBIT A
EXHIBIT 2
382
Item Description Uni,t Quantiity Uni� price Total Price 12 Install Striping Detail 32 LF 2,227 3.50 7,794.50
13 Install Striping Detail 38/38A LF 7,377 1.00 7,377.00 14 Install Striping Detail 39/39A LF 11,532 1.50 17,298.00 15 Install Striping Detail 40 LF 60 1.00 60.00
16 Install White Thermoplastic (Arrows, SF 17,898 6.00 107,388.00 Crosswalks, and all Pavement Legends) 17 Install Yellow Thermoplastic (Arrows, SF 1,236 6.00 7,416.00 Crosswalks, and all Pavement Legends)
18 Install Triple Four Crosswalk LF 32 25.00 800.00
19 Install Diagonal Crosswalk LF 276 6.00 1,656.00
TOTAL BID $ 301,867.50 ----------------
BIDDER'S NAME Chrisp Co --------------
EXHIBIT A
EXHIBIT 2
383
BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.
A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) □□
Cash, or
Cashier's check, or
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.
For any amount not less than ten percent (10%) of the aggregate of the bid.
ALSO ACCO MPANYING 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
Chrisp Co
Name of Firm
1001
Ad dress
374600 A/.C'l 3/C32
Contractor Lie. No. & Classification
209-992-0830
Phone
Stokes Ave
City
CA
State
94-2578099
Tax 1.0. No.
95215
Zip
05/3 '1 l'l:J1·_
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 representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Bid Forms
BIDDER SIGN
¢::: HERE Vice President
Title
EXHIBIT A
EXHIBIT 2
384
5/6/25, 1 :32 PM
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Horne ) ,(;M�tg.mgr,A�.�.QM.□.U.Q9.k!m ) 1000000306 • CHRISP COMPANY 1000000306-CHRISP COMPANY
Customer Account Lookup
PWCR
1000000306
Contractor Status
DIR Approved
5106562840
Registration Start Date
2022-07-01
Legal Entity Name
I CHRISP COMPANY
Doing Business As (DBA)
I CHRISP COMPANY
Business Structure
Corporation
Robert Chrisp
Email
[ [email protected]
Registration End Date
2025-06-30
1000000306 - CHRISP COMPANY
Public Works Support Login
eCPRSearch
Contractor Registration Search
Project Registration Search
Register
https://services.dir.ca.gov/gsp?ld=dlr _public_form&table=x_ cdo12_csm_portal_ customer_acco unt_lookup&sys _id=3000dd3097 c7 ca 1059 bd323de053a... 1 /2
EXHIBIT A
EXHIBIT 2
385
5/6/25, 1 :32 PM
' Crafts
Parking/H ighway/1 mprovement
Address
Mailing Address
I 43650 OSGOOD ROAD
Mailing Address - City
FREMONT
Mailing Address - State
CA
Mailing Address -Zip
94539
Mailing Address-Country
1000000306 - CHRISP COMPANY
[�_u_n_ite_d_S_ta_t _es_o_f_A_m_e_r _ic _a ___________________________________________ �] I Physical Address
Physical Address - City
Physical Address- State
Physical Address -Zip
Physical Address - Country
Related Lists
Regi�tr.ati.o.o.D.at��-0
hltps://services.d ir.ca .gov/gsp?id=dir _public _form&table=x _ cdoi2 _ csm _portal_ customer_ accou nt_lookup&sys _id=3_000dd3097 c 7 ca 1059bd323de053a... 2/2
EXHIBIT A
EXHIBIT 2
386
EXHIBIT A
EXHIBIT 2
387
REV 2024-03-25
Exhibit B:
Insurance Requirements
(City Street Re-Striping FY 2024-25 WD25009)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability : Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT B
EXHIBIT 2
388
REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
EXHIBIT B
EXHIBIT 2
389
REV 2024-03-25
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
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.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed
EXHIBIT B
EXHIBIT 2
390
REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to
EXHIBIT B
EXHIBIT 2
391
REV 2024-03-25
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
392
EXHIBIT C
EXHIBIT 2
393
EXHIBIT C
EXHIBIT 2
394
EXHIBIT C
EXHIBIT 2
395
EXHIBIT C
EXHIBIT 2
396
EXHIBIT C
EXHIBIT 2
397
EXHIBIT C
EXHIBIT 2
398
EXHIBIT C
EXHIBIT 2
399
EXHIBIT C
EXHIBIT 2
400
EXHIBIT C
EXHIBIT 2
401
EXHIBIT C
EXHIBIT 2
402
EXHIBIT C
EXHIBIT 2
403
EXHIBIT C
EXHIBIT 2
404
EXHIBIT C
EXHIBIT 2
405
EXHIBIT C
EXHIBIT 2
406
BOND F
OR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That
we, CHRISP COMPANY, a STATE OF CALIFORNIA CORPORATION, as P
rincipal and
, a corporation, organized and existing under the laws of the State of and dul y 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 THREE HUNDRED ONE THOUSAND EIGHT HUNDRE D SIXTY- SEVEN AND 50/100 DOLLARS ($ 301,867.50), 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:
CIT
Y STREET RE-STRIPING FY 2024-25 SB1
(PROJECT NO. WD25009)
NO
W, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2
407
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
408
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, CHRISP COMPANY , 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 THREE HUNDRED ONE THOUSAND EIGHT HUNDRE D SIXTY- SEVEN AND 50/100 DOLLARS ($301,867.50), 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 C ITY 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:
CITY STREET RE-STRIPING FY 2024-25 SB1
(PROJECT NO. WD25009)
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 EXHIBIT 2
409
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
DEPUTY CITY ATTORNEY
EXHIBIT 2
410
City of Stockton
Legislation Text
File #: 25-0300, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2024-25 SB1 - PAVEMENT REPAIR PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE25-25 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Pavement Repair, Project No. WD25003.
2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Pavement Repair, Project No. WD25003.
3. Award a Construction Contract in the amount of $408,232.79 to Robert Burns Construction, Inc. of Stockton, CA, for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Pavement Repair, Project No. WD25003.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The City is responsible for maintaining 781 centerline miles of streets. The project will repair failed pavement at approximately 24 residential and collector roadway segments Citywide (Attachment A).
Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers, and placing new hot mix asphalt. The project was included in the 2024-29 Five-Year Capital Improvement Plan (CIP).
On May 8, 2025, the City received one bid for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Robert Burns Construction, Inc., in the amount of $408,232.79. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE25-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in summer 2025 and be completed in fall 2025, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and City of Stockton Printed on 6/18/2025Page 1 of 3
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File #: 25-0300, Version: 1
critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.
Approximately $8.27 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2024-25 and approved by Council on May 14, 2024, by Resolution No. 2024-05-14-1220. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition.
The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.
The Local Street Resurfacing Program FY 2024-25 SB1 - Pavement Repair, Project No. WD25003, was included in the 2024-29 Five-Year CIP. The project will repair failed pavement at approximately 24 residential and collector roadway segments Citywide (Attachment A). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers, and placing new hot mix asphalt. The process includes traffic control and installing temporary traffic striping. This treatment, combined with future pavement resurfacing, will extend the roadway’s life expectancy.
The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement conditions and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index ranging between 0 to 80 are suitable for this treatment. The City’s Pavement Management System identified these roadway segments to have a Pavement Condition Index range between 20 to 87. This treatment extends the life span by a minimum of five years.
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, 2024, the Local Street Resurfacing Program FY 2024-25 SB1 - Pavement Repair, Project No. WD25003, was advertised for bids. On May 8, 2025, one bid was received with the following result:
City of Stockton Printed on 6/18/2025Page 2 of 3
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File #: 25-0300, Version: 1
COMPANY NAME BID AMOUNT
Robert Burns Construction, Inc. $408,232.79
(Stockton, CA)
Engineer’s Estimate $342,000.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Robert Burns 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 Robert Burns Construction, Inc. of Stockton, CA, in the amount of $408,232.79, for the Local Street Resurfacing Program FY 2024-25 SB1 - Pavement Repair, Project No. WD25003.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE25-25 under CEQA.
Construction is anticipated to begin in summer 2025 and be completed in fall 2025, weather permitting.
FINANCIAL SUMMARY
There is sufficient funding in the Local Street Resurfacing Program FY 2024-25 SB1, Project No.
WD25003, to award a Construction Contract to Robert Burns Construction, Inc. in the amount of $408,232.79.
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 - Project Vicinity Map
City of Stockton Printed on 6/18/2025Page 3 of 3
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MAIN ST
PERSHING AV
DAVIS RD
EL DORADO ST
WEST LN
PACIFIC AV
MARCH LN ALPINE AV
CHEROKEE RD
AIRPORT WY
CENTER ST
LOW
ER
SACRAMENTO
RD
W
ILSON
W
Y
PACIFIC AV
DR MLK JR BL
HOLM
AN
RD
HOLMANRD
WEST LN
MORADA LN
THORNTON RD
HAMMER LN HAMMER LN
PERSHING AV
BENJ.HOLT DR
MARCH LN
HARDING WY
WEST LN
WATERLOO RD
WILSON WY
NAVY DR
FREMONT ST
MARCH LN
EL DORADO ST
CHARTER WY
µ
LEGEND:
Pavement Repair Locations
County Limits
0 0.5 1 1.5 20.25
Miles
LOCAL STREET RESURFACING PROGRAM FY 2024-25 SB1 -
PAVEMENT REPAIR, PROJECT NO. WD25003
ATTACHMENT A
414
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO . NOE25-25,
APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING PROGRAM F ISCAL YEAR 2024-25 SB1 – PAVEMENT REPAIR, PROJECT NO.
WD25003
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 Local Street Resurfacing Program Fiscal Year (FY) 2024-25 SB1 – Pavement Repair, Project No. WD25003; and
The project will repair failed pavement at approximately 24 residential and collector roadway segments Citywide; and
Robert Burns Construction, Inc. is the lowest responsive bidder in the amount of $408,232.79; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE25-25 under the CEQA for the Local Street Resurfacing Program FY 2024-25 SB1 – Pavement Repair, Project No. WD25003, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2024-25 SB1 – Pavement Repair, Project No. WD25003.
3. The City Council awards a Construction Contract between the City of Stockton and Robert Burns Construction, Inc., in the amount of $408,232.79, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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//
//
//
//
415
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED June 24, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
416
CI TY OF STOCKTON
NOTICE OF EXEMPTION
T
O: COUNTY CLERK FROM: Lead Agency
CO UNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 E Weber Avenue, Suite 301
Stockton, CA 95202
NO
TICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PR
OJECT DATA
Project Title: Local Street Resurfacing Program FY 2024-25 SB1 – Pavement Repair, Project No. WD25003 CEQA Exemption File No.: NOE 25-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton’s Public Works Department will be removing and replacing existing failed pavement at various locations Citywide.
D
ETERMINATION/FINDING OF EXEMPTION
T
he above- described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
T
he activity is not a "project" as defined in CEQA Guidelines Section 15378.
T he activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
T he project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X T he project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
B
ASIS FOR FINDING OF EXEMPTION
T he 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).
CH
AD REED, DIRECTOR May 9, 2025
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ A
FFIDAVIT OF FILING AND POSTING
I
declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
___________
______________________________
Posting Period Ending Date
EXHIBIT 1
417
Local Const
ruction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WD25003 (Updated 10/18/23)
CONTRA
CTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents ," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A , attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $408,232.79, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016 , by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ROBERT BURNS CONSTRUCTION, I NC., a STATE OF CALIFORNIA CORPORATION, with a business address at 2501 WIGMAN DRIVE, STOCKTON, CA 95205, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FY 2024-2 5 SB1 - PAVEMENT REPAIR (PROJECT NO.
WD25003),herein after called “PROJECT,” were regularly adopted by Council Resolution No.
_________________, on _ ________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council
Resolution No. _________________, on ________________.
NOW, THEREFORE, in consideration of the prom ises and of the mutual covenants herein contained,
the parties hereto expressly agree as follows:
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Further
more, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non- contributory” and will not seek contribution from the City of Stockton’s insurance or self - insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess 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.
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 i nsurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub- subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
EXHIBIT 2
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truction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WD25003 (Updated 10/18/23)
4. INDEM
NITY 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 20 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of T WO THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($2,700) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
EXHIBIT 2
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A work
ing day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Titl
e 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.
The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The Cit
y of Stockton has a Discrimination and Harassment Policy ( Exhibit C).
The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
EXHIBIT 2
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truction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WD25003 (Updated 10/18/23)
c. LABOR
STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILI
NG WAGE
CONT
RACTOR 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) 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 EXHIBIT 2
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truction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WD25003 (Updated 10/18/23)
under t
he 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
Pursua
nt 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
Deliv
erables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY
agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty -five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
EXHIBIT 2
423
Local Cons
truction Contract – ROBERT BURNS CONSTRUCTION, INC. – PROJECT NO. WD25003 (Updated 10/18/23)
9. SECURI
TIES. 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.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
EXHIBIT 2
424
EXHIBIT 2
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:------------
DEPUTY CITY ATTORNEY
By: ____________ _
STEVE COLANGELO
INTERIM CITY MANAGER
By:�
ROBERBLJRNSCONSTRUCTION, INC.
68-0042511
Tax Identification No.
Local Construction Contract - ROBERT BURNS CONSTRUCTION, INC. - PROJECT NO. WD25003 (Updated 10/18/23)
425
5,600
900
EXHIBIT A
EXHIBIT 2
426
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
□ □ □
5']
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
Robert Burns Construction, Inc.
Name of Firm
2501 Wigwam Drive
Address
466981 "A"
Contractor Lie. No. & Classification
209-943-6969
Phone
Stockton, CA 95205
City State
68-0042511
Tax 1.0. No.
Zip
12/31/2026
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 representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY k±r
Signature
BIDDER SIGN
<= HERE President ----------
Ti tie
EXHIBIT A
EXHIBIT 2
427
LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR: Robert Burns Construction, Inc.
PROJECT: Local Street Resurfacing Program FY 2024-25 S81
PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.
Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.
PRINT LEGIBLY OR TYPE
BUSINESS LICENSE DEPT. OF
NAME/ADDRESS NUMBER & INDUSTRIAL
LICENSE RELATIONS
CLASSIFICATION REGISTRATION
NUMBER
Beeline Concrete Cutting, Inc. 605646 1000036261
1994 Sangunetti Lane Stoel ton, CA
Road Safety, Inc 926660 1000015420
4335 Pacific Street Ste. A R ocklin, CA
Delta Grinding, Inc. 736914 1000005958
5131 Lone Tree Way Antio1 i-h, CA 94531
Terracon
902 Industrial Way Lodi, C � 95240
�..----- BIDDER SIGN
---+�-----'--__,..__ ______ ¢::: HERE
(SIGNATURE OF BIDDER)
TYPE OF WORK
Concerte Sawcutting
Traffic Control
Asphalt Grinding
Testing & Inspections
AMOUNT
$12 768.00
$10,752.00
$45,864.00
$24,885.00
EXHIBIT A
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428
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Exhibit B:
Insurance Requirements
(Construction Contracts)
C
ontractor 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.
MIN
IMUM SCOPE AND LIMIT OF INSURANCE
C
overage shall be at least as broad as:
1. C
ommercial 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. A
utomobile 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. W
orkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4 . Surety Bonds as described below.
I
f 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
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
EXHIBIT B
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429
REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
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.
3. E
ach insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
C
laims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
EXHIBIT B
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430
REV 2024-03-25
1. T
he retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. I
nsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. I
f 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. I
f the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed
EXHIBIT B
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431
REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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 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. B
id Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
T
he 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
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REV 2024-03-25
issue such bonds in the State of California and secured through an authorized agent with an office in California.
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.
C
ertificate Holder Address
T
he address for mailing certificates, endorsements and notices shall be:
C
ity of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or 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.
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
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