Agenda packet — City Council and Concurrent Authorities, July 15, 2025 (part 4 of 8)

(Updated 10/18/23)
EXHIBIT 2
749
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

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

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

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

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

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

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(Updated 10/18/23)
EXHIBIT 2
750
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-

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 30 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ZERO AND NO/100 DOLLARS ($0.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

Local Construction Contract - Saracco, Inc. - Project No. OM-25-130

Page 3 of 39 ends

(Updated 10/18/23)
EXHIBIT 2
751
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-rightsact-of-1964.

Page 4 of 39 ends

(Updated 10/18/23)
EXHIBIT 2
752
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&d ivision=2.&title=&part=7 .&chapter= 1.&article=2. d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be Local Construction Contract - Saracco, Inc. - Project No. OM-25-130

Page 5 of 39 ends

(Updated 10/18/23)
EXHIBIT 2
753
deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR'S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777 .5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

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

Local Construction Contract - Saracco, Inc. - Project No. OM-25-130

Page 6 of 39 ends

(Updated 10/18/23)
EXHIBIT 2
754

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

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

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

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

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

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

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

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

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

Local Construction Contract - Soracco, Inc. - Project No. OM-25-130

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(Updated 10/18/23)
EXHIBIT 2
755
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:
_c_/ KATHERINE ROLAND, ,v��!WI ·�
,
,., CITY CLERK

INTERIM CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION ..

OFFICE OF THE CITY ATTORNEY
By: ____________ _
DEPUTY CITY ATTORNEY 82-1393520
Local Construction Contract - Soracco, Inc. - Project No. OM-25-130

Page 8 of 39 ends

Tax Identification No.
(Updated 10/18/23)
EXHIBIT 2
756
Date:

Attention:

Company:

Project:

S1
L,c_. #}oi,s.t��
. Inc .

GENERAL ENGINEERING & BUILDING CONTRACTOR
903 E. Lodi Ave Lodi, CA 95240
April 15, 2025
Colin Scott
City of Stockton Parks
Tel: 209-267-4030 Fax: 209-267-4202
·www.soraccomc.com
DIR# 1000051608
Weber Point Strnctural Modifications - Paver Removal & Replacement & Strnctural Work

EXHIBIT A
Saracco, Inc., Proposes to bid on the referenced project as a General Contractor for the "Weber Point Structural Modifications - Paver Removal & Replacement & Stmctural Work," portion of the work required under the general contract and any modifications.

Our proposal is according to site walk 3/28/25.

The specification sections for the scope of work quoted by Soracco, Inc., are as follows: Mobilize, Remove Existing 8" x 8" Exterior Pavers, Remove Existing SS Hardware, Remove Existing 3' x 3' Pavers, Remove Existing Grating, Removal of Existing Power Leads to Lights, New SS Hardware, Remove Existing 6" C-Channel, Fabricate & Install New Stainless Steel C-Cham1el & Hardware, Re-Install Grating, Re-install 3' x 3' Pavers, Re-Install 8" x 8" Pavers, Re-Install Light Fixtures & Electrical, Grout, Sand bed, Clean Up, Demobilize.

Saracco, Inc. recognizes addendums: 0
Liine Item Total Price
'1. Paver Work (R & R) LS 1 $81,750.00

2. Electrical Budget LS 1 $20,000.00

3. Stainless Steel C-Channel LS 1 $98,507.00

4. Labor to Weld, Remove, $19,873.00 LS 1
& Reinstall C-Channel
Total: $220,130.00
***Please see Inclusions & Exclusions on Attached Pages.***

Page 9 ends

EXHIBIT 2
757
/ I � '
'l
Inc.

GENERAL ENGINEERING & BUILDING CONTRACTOR
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccomc.com
Scope of Work:
• Mobilize
• Temp Fence
• Remove Existing Pavers
• Remove Existing Hardware
DIR# 1000051608
• Remove Existing - Electrical (Leads for Lights)
• Light Modification
• Remove Existing Grating
• Layout
• Remove Existing 6" C-Channel
• Fabricate & Install New Stainless Steel 6" C-Channel
• New Hardware - SS
• Re-Install Existing Pavers
• Re-Install Electrical (Leads for Lights)
• Re-Install Existing Grating
• Grout Pavers
• Sand for Pavers
• Equipment
• Clean Up
• Demobilize
Price Excludes:
• Any applicable surety bonds permits or fees, inspection of inspection costs. • Sump Work
• Notification of owners or agencies affected by the work. • Testing, QA-QC plan & inspection, SWPP materials/supplies and/or placement. SWPC manager. • Survey.
• Pipe Material (Hydronic, Gas, Communications)
• Compaction Testing
• De-watering - Trench or other
• Adjustment of any utilities, marking of utilities.
• Shoring - Existing utility shoring
• Repairs of trade damage to our work.
• Pipe abandonment.
• Removal and disposal of any refuse, tree limbs, or garbage piles. Tree trimming. • Other project work items and/or any other work.
• Asbestos abatement.
• Rock excavation: provision of imported or borrowed backfill material.

Page 10 of 39 ends

EXHIBIT A
EXHIBIT 2
758
S1
LI�. #1q2s_603 Inc.

GENERAL eNGINEERING & BUiLDING CONTRACTOR
903 E. Lodi Ave Lodi, CA 95240
Tel: 209-267-4030 Fax: 209-267-4202
www.soraccomc.com
DIR# 1000051608
• ANYTHING NOT SPECIFICALL y MENTIONED IN OUR PROPOSAL rs DEEMED EXCLUDED.

EXHIBIT A
Conditions:
• Price is based on one (1) mobilization. Additional mobilizations available @$2,000 per mobilization, plus any additional materials and/or labor. Work to be performed Monday through Friday during normal working hours of 7:00am until 5:00pm. Price for split shift, weekend or night work to be provided upon request. • Soracco, Inc., can provide a Waiver of Subrogation ifrequired. Cost shall be reimbursed by the contractor.

Owner/Prime Contractor to provide a suitable staging area for Soracco operations to use to stockpile spoils, sand, park equipment, and provide hydrant type or suitable water source. • This proposal is based on using conventional construction equipment. We are not responsible for structure damage due to vibrations from our equipment or any reason other than negligence. • Price is subject to change upon review of final plans, soils report, and contract documents. • Price is based on plans prepared by ____ � Dated __ , Addend urns NI A And a soils report prepared by NOT PROVIDED Dated NIA .
• This bid proposal is good for 30 days.

Credit Terms:
• Soracco 's terms to be discussed
• Interest shall be paid at a rate of 1.5% per month to all late payments.

Acceptance:

Printed Name:

Date:

Page 11 of 39 ends

EXHIBIT 2
759

EXHIBIT B
REV 2024-03-25
Exhibit B:

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

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

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

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

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

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

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EXHIBIT 2
760

EXHIBIT B
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:

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EXHIBIT 2
761

EXHIBIT B
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 claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

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

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

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EXHIBIT 2
762

EXHIBIT B
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

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EXHIBIT 2
763
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

EXHIBIT B
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

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EXHIBIT 2
764
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
>,o;_.., I •11

DISCRIMINATION AND

HARASSMENT POLICY
-
I
Directive No. HR"15 I
Effective Date:
5/1/2015

EXHIBIT C
-
Page No.1 of 14
Revised From:
7/27/09
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

Page 17 of 39 ends

EXHIBIT 2
765
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

Page 18 of 39 ends

EXHIBIT 2
766
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

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

Page 19 of 39 ends

EXHIBIT 2
767
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(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

Page 20 of 39 ends

EXHIBIT 2
768
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
.. ...

Directive No. HR-15 Page No. 5 of 14
'
DISCRIMINATION ANO Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
'' PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

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

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

Page 21 of 39 ends

EXHIBIT 2
769
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 I 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. )mmediate 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

Page 22 of 39 ends

EXHIBIT 2
770
Subject:

EXHIBIT C

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

Page 23 of 39 ends

EXHIBIT 2
771
Subject:

EXHIBIT C

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 fn the Workplace) re\lfsed 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, complaintsshall be submitted in writing and shall include specific details of the incident(s). the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

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

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

Page 24 of 39 ends

EXHIBIT 2
772
V.

Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see beloVII)
., ,._ 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.

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

Page 25 of 39 ends

EXHIBIT 2
773
Subject:

8. CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date: HARASSMENT POLICY
5/1/2015
- ---

EXHIBIT C
Page No.10 of 14
-· .. , -
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment rn 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

Page 26 of 39 ends

EXHIBIT 2
774

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
-
Subject: Directive No. HRM15 Page No. 11 of 14
---
VI.

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

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

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

Page 27 of 39 ends

EXHIBIT 2
775

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE -
Subject: Dlri:lctlve 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 beJqw).

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 remediai 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. ,Unfounde__g_; The investigation proved that the act(s) or omission(s)

Page 28 of 39 ends

EXHIBIT 2
776

EXHIBIT C

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

Page 29 of 39 ends

EXHIBIT 2
777
I
Subject:

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
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:
��SON

CITY MANAGER
::ODMAIGRPWISE\COS.PER.PER_Library:96180.1

Page 30 of 39 ends

EXHIBIT 2
778
Bond # GRCA69828

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, SORACCO, INC. , a STATE CALIFORNIA CORPORATION, as Principal and Granite Re, Inc. dba Granite Surety Insurance Company __ , a corporation, organized and existing under the laws of the State of Minnesota 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 TWO HUNDRED SIXTY THOUSAND ONE HUNDRED EIGHTY-ONE AND 40/100 DOLLARS ($260,181.40), 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:

WEBER POINT EVENT CENTER FOUNTAIN REPAIRS
(PROJECT NO. OM-25-130)
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.

Page 31 of 39 ends

779
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 \J\(l,U 5 1 \ -1()1)__':)
Soracco, Inc.
....
..
....
......
--.. ...........__ ....... _____ ..
.......
...
.. ..>- .... _ ... _
..... - --
... .. # ) -
::-...._:: :_.,.;;,,,z - -..._-
-_, \
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

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

DEPUTY CITY ATTORNEY
_..., .. - I .... ..::
-
• l
-- - - .:: .-
• <ti
... __.
. -
-----c::::::.:.:.:.;.;::; �et
Granite Re, Inc. dba Granite Surety Insurance Company
.r ... • ... �.

SURETY

Page 32 of 39 ends

780
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 the document.

ACKNOWLEDGMENT OF PRINCIPAL
State of {J�}fortii "--
County of40-, JO a.,'/)t.,u· Ir--
On this ffe-1 of Utu,t1L�CM.&/ c\ fin. �1)r:aClt) jY.
- • �
, 202£, before me -+'---"'-�!L.L'!J..\�-"',IC�,,.,_,.-¥�- personally appeared fficer
, who proved to me on the basis of satisfactory evidence to be the person ame of Signer
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

State of Oklahoma
County of Oklahoma
I certify under the PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature&e kH-ruha<l l/J-�
Signature of Notary Public

ACKNOWLEDGMENT OF SURETY
On this 30 day of April, 2025 before me personally come(s) Kenneth D. Whittington, Attorney-in-Fact of Granite Re, Inc. OBA Granite Surety Insurance Company with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in Oklahoma City, Oklahoma that he is the Attorney-in-Fact of Granite Re, Inc. OBA Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and he signed said instrument as Attorney(s)-in-Fact of the said Company by like order. Q G- 0.f\ A (')
,,,,,,,,,,,, __ d.,2.,.,,... ,
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Page 33 of 39 ends

781

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 San Jo aquin
before me V. Fernandez Knight, Notary Public
'-------------------
(insert name and title of the officer)
personally appeared _Ri_ch __a_rd_A_. _ _So_r_a _c_c_o J_r .__-_---__---_--__---__---__--_---__---__--_---__---__---_--__---__---_--__---__--___ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)

Page 34 of 39 ends

782
Bond # GRCA69828

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

That we, SORACCO. INC., a STATE OF CALIFORNIA CORPORATION, as Granite Re, Inc. dba Granite Suretv Insurance Comp.anv.

P
.

Izea and . existing
under the laws of the State of Minnesota 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 TWO HUNDRED SIXTY THOUSAND ONE HUNDRED EIGHTY-ONE AND 40/100 DOLLARS ($260,181.40), 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:

WEBER POINT EVENT CENTER FOUNTAIN REPAIRS
(PROJECT NO. OM-25-130)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on

Page 35 of 39 ends

783
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 v\ frA1¥ :) 1 ']J.)'1. Q
Soracco, Inc.
..
.. -....
.......,.._-................ _ ..,. --
... .,
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: ________ _ DEPUTY CITY ATTORNEY
...... - .. _.,..,- ... -: ""'_, -::.
' -- _ ... _
Granite Re, Inc. dba Granite Surety Insurance Company
SURETY
By: �
-��-

ATTORNEY-IN- - CT
Kenneth D. Whittington-... ----

Page 36 of 39 ends

784
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 the document.

ACKNOWLEDGMENT OF PRINCIPAL
State of c� �-hvrd, 6,...__
County of s� �0°'1:)L,l.,� 1/..,_,_,,.1 .\-'- \J-':t,CX- All,,...,..,-,_____ �,�Y\*•- On this� day of tvlCy /� , 20� before me � \,C- personally appeared �
Here insert Na e and Title of Officer
C\Jvcl:-A.:31)(4£ClO J r:, , who proved to me on the basis of satisfactory evidence to be the person Name of Signer
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

State of Oklahoma
County of Oklahoma
I certify under the PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature �! MlttLkad Cf+- l+ck_ Signature of Notary Public

ACKNOWLEDGMENT OF SURETY
On this 30 day of April, 2025 before me personally come(s) Kenneth D. Whittington, Attorney-in-Fact of Granite Re, Inc. OBA Granite Surety Insurance Company with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in Oklahoma City, Oklahoma that he is the Attorney-in-Fact of Granite Re, Inc. OBA Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and he signed said instrument as Attorney(s)-in-Fact of the said Company by like order. � ,,,\lll1J111 Q rf} I . ( ,,,'�� - -�: -�� ,.,.,.__ � c.:./ 2 � ... -��o "o,i;·-.. � -:;_Notary Public = lO / #11003620 \ °=
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Page 37 of 39 ends

785

State of California
County of San Joaquin
before me V. Fernanez d Knigh t, Notary Public
'-------------------
(insert name and title of the officer)
personally appeared _R_chi_ _
a_ r_d_A_. _S_or_ a_ c_c _o_J
_r_. -_-_--_---_ -_
-_-_--_---_ _--_ -_--_---_ _--_-_--_--_ -_--_ -_--_---_ _---_ _--_---_ _-_ - __ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature� •� (Seal)
········
V. FERNANDEZ KNIGHT 1
Notary Public - California :

San Joaq11in County �
Commission# 2-420140
y Comm. Expires Oct 9, 2026

Page 38 of 39 ends

786
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY

GENERAL POWER OF ATTORNEY
Know all Men by these Presents:

That GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:

KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney-in-Fact(s) for the following purposes, to wit:

To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:

KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents.

In Witness Whereof, the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31st day of July, 2023.

Kenneth D. Whitti ton, President

STATE OF OKLAHOMA
SS:

COUNTY OF OKLAHOMA
§1 ;t/lirnl
K;;ier. McDonald, Assistant Secretary
On this 31st day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company.

My Commission Expires:

April 21, 2027
Commission #: 11003620
GRANITE RE, INC.

Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business.

On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
,-----��- --
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IN WITNESS WHEREOF, the undersigned has S:bbsctf;fiM��t�it#i�ate and affixed the corporate seal of the Corporation this :: .....::--- ...., -... ... �
---- _, 2025 . j ., \
-
-
GR-40 (CA) Ed. 06-24 -._.. _________ ...... ---

Page 39 of 39 ends

787
City of Stockton
Legislation Text
File #: 25-0572, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE MATTIE HARRELL PLAYGROUND REPLACEMENT

PROJECT

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

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

2. Approve Notice of Exemption No. NOE21-25 under the California Environmental Quality Act for the Mattie Harrell Playground Replacement, Project No. WP24045.

3. Approve the plans and specifications for the Mattie Harrell Playground Replacement, Project No. WP24045.

4. Award a Construction Contract in the amount of $387,868.75 to Ross Recreation Equipment Company, Inc. of Santa Rosa, CA, for the Mattie Harrell Playground Replacement, Project No.

WP24045.

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 Public Works Department provides and maintains playground equipment at 59 parks and open space locations throughout the City. The project will replace the existing playground equipment at Mattie Harrell Park (Attachment A).

On December 23, 2024, the City advertised a Request for Proposals (RFP) for the Mattie Harrell Playground Replacement, Project No. WP24045. On January 29, 2025, eight firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Ross Recreation Equipment Company, Inc. (Ross Recreation) of Santa Rosa, CA, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Construction Contract, in the amount of $387,868.75, to Ross Recreation. It is also recommended that Council adopt a resolution approving Notice of Exemption NOE21-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project (Attachment B). Construction is anticipated to begin and be completed by winter 2025, weather permitting.

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DISCUSSION
Background
Public Works provides and maintains playground equipment at 59 parks and open space locations throughout the City. Staff inspect playground equipment on a regular basis and arrange for repairs and replacements of deteriorated or vandalized components as funding becomes available.

On May 14, 2024, by Resolution No. 2024-05-14-1228, Council allocated funding for Council priority projects, including $400,000 to the Mattie Harrell Playground Replacement, Project No. WP24045.

The playground equipment at Mattie Harrell Park was installed in 2004. Recreation Creations, the original manufacturer, is no longer in business so replacement parts are unavailable. City staff have worked with various vendors to acquire replacement parts, but they no longer make this structure.

This playground has surpassed its useful life and needs to be replaced. The project will replace the existing playground equipment at Mattie Harrell Park (Attachment A).

Present Situation
On December 23, 2024, the City advertised an RFP for the Mattie Harrell Playground Replacement, Project No. WP24045. On January 29, 2025, eight proposals were received from the following firms:
· Bhogal Bros Construction (Hayward, CA)
· Community Playgrounds, Inc. (Vallejo, CA)
· Kompan (Rancho Santa Margarita, CA)
· Miracle Construction Co., Inc. dba Miracle Playsystems (Alamo, CA) · Ross Recreation (Santa Rosa, CA)
· Yosso Group, Inc. dba Specified Play Equipment Co. (Burlingame, CA) · Valley Construction Services, Inc. (Stockton, CA)
· Zoom Recreation (Irvine, CA)
The Selection Committee, comprised of Public Works and Community Services staff, evaluated and ranked all proposals based on the playground’s overall play value, safety and accessibility, site compatibility, design, and cost. Ross Recreation received the highest ranking, based on the noted criteria, and was determined to be the most qualified and highest ranked firm for this project.

It is recommended that Council approve the plans and specifications (Attachment B), and award a Construction Contract to Ross Recreation of Santa Rosa, CA, in the amount of $387,868.75, for the Mattie Harrell Playground Replacement, Project No. WP24045.

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. NOE21-25 under CEQA.

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File #: 25-0572, Version: 1
Construction is anticipated to begin and be completed by winter 2025, weather permitting.

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

1. The City does not have staffing available to perform the design and installation of playgrounds.

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

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

FINANCIAL SUMMARY
There is sufficient funding available in the Mattie Harrell Playground Replacement, Project No.

WP24045, to award a Construction Contract to Ross Recreation in the amount of $387,868.75.

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

Attachment A - Vicinity Map
Attachment B - Playground Renderings
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LINCOLN ST
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Miles
LEGEND
Project Limit

MATTIE HARRELL PLA
R
YGROUND REPLACEMENT
PROJECT NO. WP24045

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
1,17+67
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(,*+7+67
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NTH

PLAYGROUND

ATTACHMENT A
791
N

ATTACHMENT B
792

ATTACHMENT B
793

ATTACHMENT B
794

ATTACHMENT B
795

ATTACHMENT B
796

ATTACHMENT B
797

ATTACHMENT B
798

ATTACHMENT B
799

ATTACHMENT B
800

ATTACHMENT B
801

ATTACHMENT B
802

ATTACHMENT B
803

ATTACHMENT B
804

ATTACHMENT B
805

ATTACHMENT B
806

ATTACHMENT B
807

ATTACHMENT B
808

ATTACHMENT B
809
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE21-25,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE MATTIE HARRELL PLAYGROUND REPLACEMENT, PROJECT NO. WP24045
On December 23, 2024, the City advertised a Request for Proposals (RFP) for the Mattie Harrell Playground Replacement, Project No. WP24045. Eight proposals were received; and
The project will replace the existing playground equipment at Mattie Harrell Park; and
Ross Recreation Equipment Company, Inc. (Ross Recreation) was determined to be the most qualified and highest ranked firm for this project. Staff negotiated a fee in the amount of $387,868.75 with Ross Recreation for the Mattie Harrell Playground Replacement, Project No. WP24045; 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 findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:
a. The City does not have staffing available to perform the design and installation of playgrounds.
b. Use of the RFP process is appropriate for this Construction Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely services, which is in the public interest.
c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

2. The City Council approves the filing of Notice of Exemption No. NOE21-25 810
under the CEQA for the Mattie Harrell Playground Replacement, Project No. WP24045, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council approves the plans and specifications for the Mattie Harrell Playground Replacement, Project No. WP24045.

4. The City Council awards a Construction Contract between the City of Stockton and Ross Recreation, in the amount of $387,868.75, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED July 15, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
811
TO: COUNTY CLERK

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 E Weber 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: Mattie Harrell Playground Replacement. Project No. WP24045 CEQA Exemption File No.: NOE 21-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton's Public Works Department will be installing new playground equipment at Mattie Harrell Park, APNs 165-201-15 and 165-201-16.

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):
_x_
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: ___ _ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (c).

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_x_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
April 101 2025
(DATE OF PREPARATION)
By ________________ � _
Colin Scott, Parks 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
812
Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045

CONSTRUCTION CONTRACT
This contract is made and entered into on ________ _____, by and between ROSS RECREATION EQUIPMENT COMPANY, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 100 BUSH CREEK ROAD, STE. 206, SANTA ROSA, CA 95404, 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 MATTIE HARRELL PLAYGROUND REPLACEMENT (PROJECT NO. WP24045), 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 $387,868.75, or as otherwise mutually agreed to in a Contract Change Order.

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

EXHIBIT 2 Page 1 of 57
813
Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

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

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

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

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 Page 2 of 57
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Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

The Director of 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 24 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 2 Page 3 of 57
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Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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-rightsact-of-1964.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
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 Page 4 of 57
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Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing 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/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 2 Page 5 of 57
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Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

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 EXHIBIT 2 Page 6 of 57
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Local Construction Contract – MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045
first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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 EXHIBIT 2 Page 7 of 57
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EXHIBIT2
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.

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:-------------

ASSISTANT CITY ATTORNEY
By: __________ _

STEVE COLANGELO

INTERIM CITY MANAGER
By��l� SS RECREATIOEOLJIF'MENT
COMPANY, INC.
roi-ot o 3640
Tax Identification No.

Local Construction Contract - MATTIE HARRELL PLAYGROUND REPLACEMENT PROJECT NO. WP24045 Page 8 of 57
--------------- --- ------ -- ----------------
820

City of Stockton
1465 S. Lincoln St.

Stockton, California 95206
Shipping Address:

Sierra Play Partners
Sierra Play Partners
Attn: Loren Jessop/Mattie Harrell
812 Kiernan Ave
Modesto, California 95356
Quote Date: 4/24/25
Expiration Date: 5/26/25

Page 1 of 7 ends

Opportunity Name Lead Time Sales Representative Payment terms Mattie Harrell Park Play 4-6 weeks Nicole Nowak Net 30 On Materials Shipment

QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL

1.00 Rentals Temp Fencing provided by Installer. Fencing to remain until final inspection. $2,400.00 $2,400.00

1.00 Demolition Demolition includes: Demo & Disposal of Existing Play Equipment and Demo & Disposal of 2 qty Existing Concrete ADA Ramps w/ PIP.
$9,335.00 $9,335.00

1.00 Site Work Site Work to include: Raking back existing wood fiber, Construction of new concrete slab w/ PIP for 2-5 play area at approx. 200 SF, Installation of PIP on concrete slab, Construction of new concrete ADA ramp in 5-12 play area.

Project DIR # needed for State Prevailing Wage ________________ **Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. $15,800.00 $15,800.00

1.00 Project
Managemen
t
Offloading, Receiving, Storing Equipment and Delivering Equipment to Site. $5,135.00 $5,135.00

1.00 PlayBooster
2-5 &
PlayBooster
5-12
Landscape Structures PlayBooster for ages 2-5 and ages 5-12 PlayBooster Design # 1193000-03-03.
2-5 Play Area Includes: PlayBooster Play Structure w/ Block Climber, Pod Climbers, Below Deck Rocker Seat, Arch Bridge, Braille Panel (Ground Level), Color Splash Panel at Grade, Driver Panel (Above Deck), Kaleidospin Panel (Ground Level), Optigear Panel at Grade, Ring-a-Bell Panel (Above Deck), Space Travel Panel (Ground Level), Tic-Tac-Toe Panel at Grade, 2 qty. CoolTopper Single Post Pyramid Shade, Double Slide, SlideWinder2, Footprint Balance Beam, Forma Fox Den Hangouts, Mobius 3-Panel Climber, Pod Climbers, Rhapsody Vibra Chimes, LSI Provided ages 2-5 Welcome Sign.
5-12 Play Area Includes: PlayBooster Play Structure w/ Clatterbridge, Canyon Climber, Sky Rail Climber, Croquet Climber, 3-Step Deck Link, JigJag Climber, Ring Tangle Climber, Vertical Ascent Climber, 2 qty Below Deck Rocker Seats, Chimes Panel (Above Deck), Fun Mirror Panel (Ground Level), Gear Panel (Above Deck), Pipe Barrier (Above Deck), Grab Bar, Gyro Twister Spinner, 4 qty CoolTopper Single Post Pyramid Shades, 30" Dia tunnel Slide, Double Wave Slide, SlideWinder2, Rhapsody Goblet Drum, Kundu Drum, 5" Arch Swing w/ 2 Belt Seats, LSI Provided ages 5-12 Welcome Sign.
$189,075.00 $189,075.00

1.00 Install - Play
Equipment
Installation of Landscape Structures PlayBooster for ages 2-5 & ages 5-12 per design #1193000-03-03 by a manufacturer certified installer. *Project DIR # needed for state Prevailing Wage projects. Quote does not include any additional labor, union or wage requirements. If project has additional labor requirements, additional costs will be incurred through a change order to the originally quoted labor prices shown on this quote unless otherwise noted. $109,335.00 $109,335.00
EXHIBIT 2

ATTACHMENT A

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100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500
821

CONTRACT
100 Brush Creek Rd #206, Santa Rosa, CA 95404
Nicole Nowak
707.538.3800 | (916) 546-4425
[email protected]
Contract #: 2025-35170
Quote #: 00046440
Quote Name: Mattie Harrell Option 3 Design
# 1193000-03-03
Quote Total: $387,868.75
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Page 2 of 7 ends

*Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. *Installation quoted includes standard manufacturer provided footing details. If different and/or engineered footing details are provided by the contractor/owner/specifier, a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required.

1.00 Wood Fiber Wood Fiber Surfacing Material - 8" Top-off across 1756 SF in 2-5 play and 8" Topoff across 3025 SF.$2,500.00 $2,500.00

1.00 Install -
Wood Fiber
Wood Fiber Rake and Spread Installation of approx. 236 cubic yards of engineered wood fiber. To be dispersed between the 2-5 and 5-12 play boxes for 8" top-off. $2,500.00 $2,500.00

1.00 Inspection CPSI Playground Safety Audit provided by Certified Playground Inspector. $4,667.00 $4,667.00

1.00 Bond Bond - Standard 3% on total project amount including tax and freight. $11,230.00 $11,230.00 Totals
County/ City Tax (San Joaquin County/ Stockton 9.0000 %) Materials $191,575.00 Sales Tax $17,241.75
Labor/ Fees $160,402.00
Freight $18,650.00
Total $387,868.75
Notes to Customer
EXHIBIT 2

ATTACHMENT A

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Mattie Harrell Park
Ross Recreation Equipment Contract Document
PREPARED FOR:

City of Stockton
1465 S. Lincoln St.

Stockton, California 95206
Credit Terms: Net 30 On Materials Shipment
GENERAL TERMS:

Thank you for choosing Ross Recreation Equipment for your project. This document outlines the arrangements for your selected products, labor and services. It will serve as a Contract Agreement (“Contract”) between City of Stockton (“Customer”) and Ross Recreation Equipment (“Ross Recreation”). All arrangements described in this Contract will be confirmed by returning your signed Contract Agreement no later than 5/26/25.

This Contract contains the entire agreement between Ross Recreation and the Customer and takes precedence over all previous quotations, estimates and agreements. No changes, amendments, or modifications of this Contract shall be valid unless made in writing and signed by both parties.

Ross Recreation coordinates the ordering, production and shipment of materials with the installation of those materials, if we are providing installation of your equipment. Site readiness is a critical component of shipping coordination. If project and/or site readiness changes after materials are already produced, neither the manufacturer nor Ross Recreation, can hold and store such materials. Once materials ship, the materials will be invoiced based on customer's terms and payment for materials is required regardless of installation status.

Credit terms are established by Ross Recreation and for this order are as follows: Net 30 On Materials Shipment. Pay when paid by the Owner is not accepted as alternative payment terms.

Sales tax rates will be charged and determined by the Department of Tax and Fee Administration at the time of shipping.

Any changes to the County/City tax rate and/or a change to the ship to location may affect the final total due on this contract. The customer is responsible for these sales tax changes. For this order, the sales tax rate is as follows: (San Joaquin County/ Stockton 9.0000 %).

Labor costs quoted and contracted are good for six months. If the duration and/or timeline of the project and Ross Recreation’s start date is extended beyond six months from the time of an executed contract, additional costs may be incurred reflecting current labor costs at the time the labor is performed.

EXHIBIT 2

ATTACHMENT A

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1. PRE-DELIVERY INSTRUCTIONS:

The contractor must notify Ross Recreation of any requested delivery changes at least two (2) weeks prior to shipment.

If the delivery address on the contract is not correct, please contact our office immediately as a re-consignment fee may be added if materials ship and the delivery address is changed. If Ross Recreation is not installing your equipment, you are responsible for offloading and having equipment for offloading the shipment (i.e. - forklift or similar); the truck driver is not obligated to offload your shipment. If Ross Recreation is installing your equipment, the installers will offload the equipment. It is your responsibility to mark all underground utilities before installation (call USA North, 1-800-227-2600).

2. DELIVERY INSTRUCTIONS:

Make sure the materials and quantities match the freight bill/Bill of Lading (BOL) you are signing to ensure you are receiving a complete and intact shipment. Make sure all pieces you are receiving are correctly addressed to the project and site, as trucks carry multiple shipments. Any shortages or visible damage must be noted on both copies of the freight bill/Bill of Lading (BOL), and both copies signed. Jointly inspect each delivered piece for signs of damage (i.e. torn packaging, punctures, etc.) with the driver. Notations on the freight bill/Bill of Lading (BOL) should be as detailed as possible to avoid controversy at a later date if a claim is necessary. Taking photos of any damaged packaging is highly recommended for documentation.

2. POST-DELIVERY INSTRUCTIONS:

After receipt of order, inventory your shipment. All shortages must be reported within thirty (30) days of receiving your order. When inspecting the equipment, please minimize the amount of tearing of the packaging and do not dispose of packaging. If concealed damage is found, a Carrier inspection must take place within fifteen (15) days from the time of delivery to protect your rights as the Consignee. Store your equipment in a safe and secure location before installation.

Returns are subject to a restocking fee. Credit on returns is contingent upon credit issued from the manufacturer.

Materials must be packaged well and received at the manufacturer in new and resalable condition.

3. DELAY:

Ross Recreation shall be excused for any delay in completion of the contract caused by acts of God, acts of the Owner or Contractor or the Owner’s or Contractor's agent, employee or independent contractor, weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of the Owner or Contractor to make progress payments promptly, or other contingencies unforeseeable by or beyond the reasonable control of Ross Recreation.

4. CONTRACT, PLANS AND SPECIFICATIONS:

The contract, plans and specifications are intended to supplement each other. In case of conflict, the specifications shall control the plans, and the provisions of this contract shall control both. The Project will be constructed according to the plans and specifications and any addenda, which have been signed by the parties hereto.

5. CHANGE ORDERS:

Should the Contractor, Owner, inspector or other person direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only when a contract Change Order has been signed by both the Contractor and/or Owner and Ross Recreation. The change in the contract price caused by such contract Change Order shall be as agreed and approved in writing. If the parties are not in agreement as to the change in Contact Price, then Ross Recreation's actual cost for all labor, materials, subcontracts and costs associated with the change in scope, plus Ross Recreation's fee of twenty-five percent (25%) shall be the change in the final contract price and final amount due. Ross Recreation shall promptly notify the Contractor or Owner of (1) a site differing materially from those indicated in this contract, (b) unknown physical conditions differing materially from those originally encountered and generally recognized as inherent in the work of the character provided for in this contract, or (c) any additional materials needed to complete the agreed upon scope of work. Any expenses incurred due to such conditions shall be paid for by Contractor or Owner as added work as outlined above.

EXHIBIT 2

ATTACHMENT A

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824

6. RIGHT TO STOP WORK:

Ross Recreation shall have the right to stop work if any payment is not made under this Agreement and set credit terms.

Ross Recreation may keep the job idle until all payments due are received. In the alternative, Ross Recreation may, at its option, terminate the contract and recover from the Contractor or Owner payment for all work executed to the date of such termination.

7. SITE CONDITIONS:

Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high-water table, unknown obstructions (ie - old footings, concrete, pipes, conduits, etc), and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. Ross Recreation is not responsible for any additional costs or delays caused by unforeseen site conditions, including but not limited to contaminated soil, hidden utilities, archaeological findings, or other site conditions.

8. EXCLUSIONS/CLARIFICATIONS:

Permits, permit fees, licenses, inspections, site work, and any materials or labor unless specifically quoted and included in the approved scope of work are excluded.

Mobilization: Labor quoted by Ross Recreation is for one move-in and one move-out mobilization. Delays and/or multiple mobilizations due to inadequate site prep, project delays, or other reasons will require an additional mobilization fee by Ross Recreation.

Site Access: Customer must ensure that the site may be accessed by large machinery or equipment (i.e. a Bobcat tractor, lift, etc.) for use of moving equipment, footing excavation, and performing required installation work. Site access must be free from curbs, concrete walkways, fencing, plantings, etc. If such conditions exist, Ross Recreation will do our best to gain access with minimal damage but will not be responsible for needed repairs made due to limited access to the site.

Labor/Installation: Ross Recreation will provide materials and installation (if applicable and quoted) only as quoted and per each manufacturer’s installation specifications, guidelines, and standard footing details. Installation includes the layout of the equipment, post-footing excavation based on the manufacturer’s standard footing details and specifications, concrete for footings, and complete assembly/installation of the purchased materials unless stated otherwise.

Underground Utilities: Services for underground utilities that are not marked by USA or other location services are not the responsibility of Ross Recreation. If utilities are inadvertently affected and damaged during the installation and completion of Ross Recreation's scope of work, Ross Recreation is not liable for repair nor any associated repair costs incurred by footing and/or excavation work. Scan/X-ray services prior to the start of work to better identify utilities is highly recommended.

The correct and determined location of the equipment/structure(s) is the sole responsibility of the owner or designated architect, engineer or designer of the project. If the relocation of the equipment/structure(s) is required due to unknown site conditions, permits, project approvals or other occurrences, additional costs may be incurred for re -mobilization, new site considerations and conditions and/or other project specifics.

Existing ground cover or surfacing materials interfering with the installation will require a change order to include removal and/or disposal of materials. Landscape repairs are excluded, including irrigation or/and lines interfering with installation.

Third-party playground equipment inspection/certification to be completed independently from this contract and by others.

Project Security: Ross Recreation requires that the customer provide a secure site for the materials and installation of equipment and surfacing. Ross Recreation is not responsible for providing site security nor safeguarding the worksite EXHIBIT 2
ATTACHMENT A Page 13 of 57
825

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and providing materials against theft, vandalism, or other criminal activities unless specifically included in the scope of work. Any costs are the responsibility of the customer/Owner.

For rubberized surfacing installations, Ross Recreation will require the use of temporary cyclone fencing or a security guard for the curing period following the installation of the rubberized surfacing. If fencing or security is declined, Ross Recreation will require a waiver form provided and signed by the customer accepting liability for securing the site during the surfacing cure time of forty-eight hours.

Ross Recreation excludes any work or items not explicitly listed in the ordered quote and scope of work or otherwise included by reference in this contract. Any additional materials and/or work requested shall be subject to a separate agreement or Change Order.

9. CLEAN-UP:

If Ross Recreation is installing your equipment, upon completion of work, Ross Recreation will remove debris and surplus material created by its operation on Owner's property and leave the area where the construction occurred in a neat and broom clean condition.

Off haul of spoils from footings or other construction work is excluded from Ross Recreation's scope of work unless otherwise noted. The customer is to provide a location for spoils to be stored/distributed on-site. If spoils are to be removed from the site, Ross Recreation must be notified and included in the agreed scope of work.

10. ARBITRATION:

Any controversy arising out of this contract, construction of the project referred to in this contract or regarding the interpretation of this contract, or any subcontract or sub-subcontract is subject to arbitration. Arbitration shall be had in accordance with the applicable rules of the American Arbitration Association which are in effect at the time the Demand for Arbitration is filed.

11. ATTORNEY FEES:

In the event, the parties hereto become involved in litigation arising out of this contract, or the performance or breach thereof, the court or arbitrator, in such litigation, or in separate suit, shall award reasonable costs, expenses , and attorney's fees to the prevailing party. The court or arbitrator shall not be bound by any court fee schedule and shall award the full amount of costs, expenses, and attorney's fees incurred in good faith.

12. ASSIGNMENT:

Neither party may assign this contract without the written consent of the other party.

13. HAZARDOUS MATERIALS:

Unless specifically called out in the contract, this contract does not contemplate the removal or disturbance of asbestos, lead, mold or other hazardous material. The Contractor or Owner warrants that no such material is present. In the event that such material is encountered, Ross Recreation shall stop work immediately and will not start work again until such hazardous materials are clear of the site.

14. NON UNION CONTRACTORS:

Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions; however compliance with prevailing wage rate requirements will occur in compliance with the Department of Industrial Relations (DIR) guidelines. If union enrollment is required by Ross Recreation's subcontractor and they are able, willing and agree to the enrollment for completion of this project, Ross Recreation will require a change order to cover the costs on a per project enrollment and additional wage/benefit requirements.

EXHIBIT 2

ATTACHMENT A

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826

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15. CONTRACTORS:

Contractors are required by law to be licensed, bonded, and regulated by the Contractor's State License Board whose address is:

Contractor's State License Board
P.O. Box 26000
Sacramento, CA 95826

16. SPECIAL PROVISIONS
(insert any special provisions here)
SIGNATURES: In witness whereof, both of the Parties have executed this Contract, both Parties by its representative, as of the day and year set forth below. The signature assumes acceptance of stated payment terms. 2% per month late fees will be charged on delinquent payments.

Customer Signature
Customer Print Name
Date
EXHIBIT 2

ATTACHMENT A

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827

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

1.0 INTRODUCTION
The City of Stockton Public Works Department is requesting proposals from qualified firms to remove existing play equipment and provide and install a multi-component, modular playground structure at Mattie Harrell Park, 2244 S Lincoln St, Stockton, CA 95206. Vendors are invited to submit proposals for this playground.

The selection criteria listed within this RFP shall be used to measure how well each vendor has met the desired requirements and qualifications. The award will be based on evaluation of all selection criteria. The City will conduct negotiations with the highest ranked firm based upon the selection criteria as outlined in this RFP.

2.0 BACKGROUND
The City of Stockton is planning to install a replacement playground at Mattie Harrell Park. The City is looking for unique, fun play equipment for ages 2-12 with engaging features and high play value that will encourage physical activity and enhance motor skill development.

3.0 PROJECT DESCRIPTION
The objective of this RFP is to solicit proposals that will result in the award of a contract for turnkey installation of a replacement playground at Mattie Harrell Park.

4.0 SCOPE OF SERVICES
Scope of Services includes, but is not limited to:

1. Assess needs and design criteria with City’s parks maintenance team.

2. Provide a consistent project design team through the full length of the design process. Substitutions need to be submitted in writing to the City and must be approved by the City.

3. Provide schematic drawings, colored elevations, colored perspective, and other suitable material depicting the components to be evaluated.

4. Apply value engineering/analysis to alternatives including advice on “constructability” and “vandal-resistant” decisions. Provide information on the trade-offs between alternatives as to the initial costs, life cycle costs, and construction schedule.

5. Design development and installation document stages of the project. Provide feedback on the budget, schedule, and make recommendations to the City.

6. Ensure the equipment fits within the site for all use zones.

7. Arrange for equipment to be delivered on site by installer. Secure equipment if delivered early.

8. Secure the work site with 6’ temporary chain link fencing and warning signs during installation and until final safety certification is received and approved by City.

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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

9. Following installation, a full and thorough audit of newly installed play equipment is required. This will be performed by a Certified Playground Safety Inspector (CPSI). Vendor(s) will be required to address and resolve any identified deficiencies within ten (10) business days of notification of the deficiencies to the City.

10.Contractor to provide Certified Playground Safety Inspector (CPSI) and Safety Inspection Report, any fees associated is the contractor's responsibility.

11.Attend public or online meetings to include any feedback from the community.

Demolition and disposal of existing playground equipment will be necessary.

4.1 DESIGN CRITERIA
See Attachment A for park location and details.

To be considered for selection, equipment included in a proposed design must meet the following criteria.

1. All designs should be shown using the color palette of tan, brown and green.

Actual colors of ordered playgrounds will be determined with the successful vendor. Failure to provide schematic drawings in the requested colors may result in the dismissal of the proposal.

2. Designs should include proposed location for benches, and pricing should include bench purchase and installation. Bench locations may be outside of the existing playground footprint.

3. Pricing should include certified surface installation. All sites, with the exception of inclusive, all-accessible playgrounds, should use engineered wood fiber playground mulch. Poured in place surfacing may be used as a ramp from sidewalk to structure if it increases area and play value for all.

4. Play structures and amenities must be age appropriate with proper signage.

5. Design must be compatible with and enhance current park amenities.

6. All equipment and surfacing must conform to current playground-related standards.
a. Including but not limited to:
i. All guidelines of the U.S. Consumer Products Safety Commission (CPSC).
ii. All American Society for Testing and Materials (ASTM) standards for public play equipment.
b. The proposal must include signed, written certification of same from the manufacturer or its representative.

7. All equipment proposed to be furnished in response to this RFP shall meet the ATTACHMENT A EXHIBIT 2 Page 17 of 57
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PROJECT NO. WP24045
following minimum requirements:
a. Main upright platform posts on units designed for ages 2-12 require a minimum 5-inch O/D galvanized steel or aluminum, powder-coated posts, or acceptable alternative.
b. Decks/Ramps
i. Vinyl-coated expanded metal; or vinyl-coated punched steel or aluminum. No plate steel or wooden decks.
ii. Must be multi-post supported and maintain a minimum area of 12 square feet each. Can be square, rectangular, or multi-sided. c. Swings (if included)
i. All swings shall be arch style swings.
ii. A combination of belt, toddler, companion, and accessible swings should be included.
iii. Minimum of two bays per unit should be included.
d. All equipment furnished under this proposal shall be designed and constructed in such a way that the equipment can be installed with conventional, poured-in-place concrete footings.
e. No fiberglass, wood, or polished stainless-steel parts, components (such as slide bedways), or structures will be accepted.
f. Tunnels, tubes, slides, or cubes shall be constructed of rotationally molded polyethylene materials with ultraviolet light stabilizers and color molded in.

8. Multi-component, modular play units can be designed in a semi-compact fashion, linear or spread-out forms. Area must allow for the manufacturer's recommended and state-required safety zones on all sides of the actual play unit.

9. Accessibility
a. The following criteria have been developed as guidelines for the manufacturers and suppliers responding to this RFP:
i. Equipment that is proposed as "ADA Compliant or ADA Accessible" must be as accessible as possible to all children from able-bodied to those with a wide range of disabilities. The equipment should in no way be designed so that the play value to able-bodied children is reduced. ii. Additional play events attached to the deck structures may be included at ground level as part of accessibility requirements.
iii. It is the intent of the City of Stockton that all new playgrounds shall be accessible to a range of children with many levels of physical ability.

Manufacturers are strongly encouraged to respond to this intent. iv. All play equipment will be as vandal-proof as possible.

ATTACHMENT A EXHIBIT 2 Page 18 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
SECTION 1 - SPECIFICATIONS AND PLANS

1.1 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works Standard Specifications and Plans and these Special Provisions.

In case of conflict between these Special Provisions and the City Standard Specifications and Plans, or Caltrans Specifications, the Special Provisions shall take precedence.

1.2 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows:

City or Owner City of Stockton
CA-MUTCD 2014 California Manual on Uniform Traffic Control Devices
Director Director of Public Works, City of Stockton
Standard Specifications City of Stockton Latest Standard Plans and Specifications and any amendments and revisions
thereto
Caltrans Specifications Current and Latest State of California, Dept. of Transportation, and any amendments or revisions
thereto
Department Department of Public Works, City of Stockton Deficiency Where work has not been performed in accordance with these Special Provisions and Standard
Specifications and/or any subsequent superseding
contract or contract change order as determined by the
Contract Administrator.

Correction An item or area of maintenance that requires attention for any unanticipated or unscheduled maintenance or
corrective repairs, such as an irrigation line break or cleanup from vandalism, graffiti, or other event.

Contract Administrator Public Works Department representative(s) who ATTACHMENT A EXHIBIT 2 Page 19 of 57
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PROJECT NO. WP24045
oversee(s) this maintenance contract.

Project Manager Contractor’s appointed person responsible for performance of the work.

Contractor Company having contracted with the City for work as described herein.

Working Day Any eight-hour day, except as follows: Saturday, Sunday and City recognized holidays
SECTION 2 - BLANK
SECTION 3 - BLANK
SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED

DAMAGES

4.1 Beginning of Work
At no time shall work begin without receiving a Notice to Proceed from the Contract Administrator that the contract has been approved by the City Attorney or an authorized representative.

The Contractor shall diligently prosecute all work items throughout contract term.

Full compensation for any additional costs occasioned by compliance with the provisions in this section shall be considered as included in the negotiated contract, and no additional compensation will be allowed.

4.2 Award of Contract
Award of the Contract will be made only to proposers possessing the ability to perform all aspects of this contract successfully, which will be determined by considering such matters as Contractor integrity, compliance with public policy, record of past performance (including default on a project), financial, labor and technical resources.

4.3 Time of Completion
Upon execution of the contract by the City, the performance period of working days shall commence based on the schedule provided by the contractor. The contractor shall diligently prosecute the contract work to completion within the working days provided on the schedule. The days to finish the punch list, provided by the City, are included in the Original Working Days.

Full compensation for any costs required to comply with the provisions in this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed.

ATTACHMENT A EXHIBIT 2 Page 20 of 57
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CITY OF STOCKTON PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

4.4 Liquidated Damages
Attention is directed to the provisions in Section 8-1.10, “Liquidated Damages,” of the Caltrans Specifications and these Special Provisions.

The contractor shall pay liquidated damages to the City of Stockton in the amount of $3,600 (THREE THOUSAND SIX HUNDRED DOLLARS) per day for each and every calendar day that the work remains incomplete after expiration of the contract working days specified in these Special Provisions.

4.5 Termination Clause
The City may terminate the resultant contract for convenience by providing a thirty (30) calendar day notice unless otherwise stated in writing.

If, in the opinion of the Public Works Director, the Contractor fails to diligently prosecute this contract, the City reserves the right to terminate this contract with a thirty (30) day written notice. Within the 30-day period after the Contractor has been given a notice of termination the City may hire an interim Contractor. The City reserves the right to recall the Contractor's contract security and/or withhold any payment which may be due as may be necessary to offset all costs of hiring such interim Contractor.

SECTION 5 - PROJECT AND PROPOSAL GENERAL INFORMATION

5.1 Proposal Submissions
Proposals shall be submitted and received no later than 3:00 p.m. on Wednesday, January 29, 2025, to:

ATTN: KATRINA TAVARES

CITY OF STOCKTON
1465 S. LINCOLN STREET
STOCKTON, CA 95206
The proposal should be firmly sealed in an envelope which will clearly be marked on the outside with “MATTIE HARRELL PLAYGROUND REPLACEMENT - PROJECT NO.

WP24045. The Cost Proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted.

5.2 Acceptance or Rejection of Proposal
The City reserves the right to negotiate an agreement with the firm submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals ATTACHMENT A EXHIBIT 2 Page 21 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

5.3 Proposal Questions and Requests for Clarification
Any question or request for clarification shall be submitted in writing to:

[email protected]. Requests for clarification shall be submitted by Thursday, January 9, 2025, at 4:00 p.m. If a response warrants an addendum to the RFP, such addendum will be posted at least two days prior to the proposal due date. It is the proposer’s responsibility to include a copy of such response with his/her proposal.

5.4 Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:

A. Evidence of collusion among proponents;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification/rejection of proponent’s proposal submittal and considered nonresponsive.

D. A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one proposal for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

G. Any exceptions to the insurance requirement may result in a non-responsive proposal.

5.5 Licensing Requirements
• Contractor shall possess and maintain professional certifications or licenses that may be required to perform the work as described.
• Contractor shall possess a valid City of Stockton Business License prior to starting work. Contractor shall possess a A, B or C-61/D-34 specialty license issued by the State of California Contractors State License Board in order to ATTACHMENT A EXHIBIT 2 Page 22 of 57
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REQUEST FOR PROPOSALS

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PROJECT NO. WP24045
submit a proposal for this work. Department of Industrial Relations (DIR) registration is required.
• The proposer must obtain and maintain the required insurance. Proposer should review Attachment B, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

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

5.7 REQUIRED PROPOSAL CONTENT
See SECTION 10. The proposal shall contain the following, at a minimum:
• Cover Letter
• Executive Summary
• Project Team
• Examples of experience with similar types of work
• References
• Playground Designs
• Schedule
• Cost Proposal (in a separate sealed envelope)
The body of the technical proposal shall not exceed 20 pages with a minimum font size of 10. Proposer shall submit 5 bound sets of the proposal. The maximum allowable length is exclusive of any folder, cover, or section dividers. Proposals shall be no more than 25 pages, including resumes and the cover letter. The proposal shall also be submitted as a PDF on a USB flash drive clearly labeled with the proposer’s name.

Drawings and pricing pages will not count as part of the proposal’s page count. An electronic copy of the cost proposal should not be included on the flash drive.

5.8 Schedule
Provide a detailed time schedule outlining the shipment of materials, followed by the demolition process and subsequent installation.

5.9 Cost Proposal
Proposer shall submit a separate cost proposal as part of their overall proposal. Please provide a summary of charges for CPSI, safety report, complete playground installation, including surfacing.

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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
The cost proposal must be in a sealed envelope separate from the other required proposal content.

5.10 Product Ownership
Any documents resulting from the performance of work in the contract will become property of the City.

5.11 Contract Bonds
See “Instructions to Proposers.” This job requires registration with the Department of Industrial Relations and prevailing wage.

5.12 Project Appearance
The Contractor shall maintain a working zone that is neatly fenced off with 6’ temporary chain link fencing and warning signs. The work zone shall be maintained clean at the end of each workday. Fencing shall remain around playground until successful CPSI safety inspection is complete and the City has received the safety inspection documentation.

Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed.

5.13 Indemnification and Insurance
See “Instructions to Proposers.”

5.14 Start of Work Meeting
The City project manager will schedule a pre-start of work meeting with the Contractor following award of the contract and prior to issuing the Notice to Proceed, which will follow the final execution of the Contract. This meeting will be held online or in the City of Stockton.

5.15 Inspections
Representative(s) from the Public Works Department will manage/administer this contract and inspect the Contractor's work. The Contract Administrator has the authority to act on behalf of the Public Works Department and City.

5.16 Contractor Qualifications
Contractor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City.

ATTACHMENT A EXHIBIT 2 Page 24 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

5.17 Contractor Responsibilities
Contractor will provide an adequate number of staff able to perform work at the highest standards of playground design and installation to deliver this project in conformance of these specifications.

5.18 Damage to Improvements
Contractor is responsible for any and all damage to any improvement which is a result of Contractor's actions and/or inaction. Contractor shall notify City within 24 hours of any damage to any City or private amenities/improvements, or property caused by Contractor.

Contractor shall repair or replace any damaged improvement to the Contract Administrator’s satisfaction at no cost to the City.

5.19 Safety
Contractor shall be solely responsible for the safety and welfare of all Contractors’ personnel performing work under this contract. Contractor is solely responsible for advising and educating all personnel to the health hazards associated with this work prior to personnel commencing work under this contract.

All work shall be performed with the utmost concern for safety of both the workers and the public. Where necessary, contractor shall barricade or temporarily close to the public those areas that are being serviced.

5.20 TRAFFIC CONTROL AND LANE CLOSURES
Attention is directed to Part 6 of the California MUTCD, Sections 7-1.03, "Public Convenience", 7-1.04, "Public Safety", and 12, "Temporary Traffic Control", of the Caltrans Specifications, and Section 10-1.01, "Order of Work", of these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in these sections.

The Contractor shall furnish, and maintain in good working order, all barricades and flashers, and provide flaggers as necessary to protect pedestrians, bicyclists, and vehicular traffic.

The Contractor shall provide adequate and continuous ingress and egress for all adjacent properties; except for the limited period of time, it is necessary to perform work at a specific property. The Contractor shall diligently prosecute all work directly impacting businesses to completion.

5.21 Traffic Control Plan
The Contractor shall submit to the City Engineer a detailed "Traffic Control Plan" for review and approval, if anything further than lane closures become necessary for this work. The "Traffic Control Plan" at least 3 working days prior to commencing any work which requires implementation of any component of the "Traffic Control Plan". The plan shall be approved by the Engineer prior to its implementation by the Contractor.

ATTACHMENT A EXHIBIT 2 Page 25 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

5.22 Traffic Lane and Sidewalk Closures
Lanes and sidewalks may be closed only as indicated in this section, "Maintaining Traffic", of these Special Provisions. Except for work required under Section 7-1.03” Public Convenience” and Section 7-1.04,” Public Safety” of the Caltrans Specifications, work that interferes with public traffic shall be performed only as indicated. Traffic lane and sidewalk closures shall conform to the following requirements:

Lane closure, a maximum of one lane in each direction of travel, not less than twelve (12) feet wide, shall be permitted only between the hours of 9 a.m. and 3:30 p.m. Any lane closures other than specified shall be approved by the Engineer.

Standard working hours pertaining only to this section shall be 9 a.m. to 5 p.m. Any extended working hours require the approval of the Engineer.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

Adequate ingress and egress shall be maintained throughout the project limits for fire, police, and other emergency vehicles. The Contractor shall provide adequate ingress and egress for residences, property owners, and abutting business owners to their respective properties except when performing work at their specific locations.

Also, the Contractor shall provide adequate signing, barricades and flashers or portable flashing beacons, flaggers, and other equipment and personnel necessary to adequately control and direct traffic in a safe manner. The Contractor shall maintain all barricades, flashers and detour signs 24 hours a day, including covering signs during nonconstruction hours. The Contractor shall also provide the City with the names and telephone numbers of three representatives available at all times.

Except as otherwise allowed by the City Engineer, “long term” and temporary closures shall be removed, and the full width of the traveled way shall be open for use by public traffic when construction operations are not actively in progress during the working period or successive working periods.

The contractor shall provide for pedestrian and wheelchair access to at least one intersection corner within each block and the abutting sidewalk facilities along each block, at all times. Simultaneous closure of both intersection corners to pedestrian traffic within the same block is not allowed.

The contractor shall maintain at least one north/south crosswalk and one east/west crosswalk open to pedestrian and wheelchair access, where exists, at each intersection at all times.

Whenever Contractor's vehicles or equipment are parked within six feet of a traffic lane, the area shall be closed with fluorescent traffic cones or portable delineators placed on a ATTACHMENT A EXHIBIT 2 Page 26 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
taper in advance of the parked vehicles or equipment and along the edge of the traffic lane at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine cones or portable delineators shall be used for the taper.

A W20-1 (Road Work Ahead) sign shall be mounted on a portable sign stand with flags.

The sign shall be placed where directed by the Engineer.

Contractor is responsible for the cost of all traffic control. No consideration will be given to the claims of extra costs for traffic control operations.

5.23 Protection of Property
The Contractor shall take every precaution to protect all public and private property during the performance of this contract. Some parks are bounded by, back up to or are in immediate proximity of private property. Contractor shall use the utmost caution so as not to damage any private property. Any damages caused by Contractor’s personnel or equipment must be immediately reported to the Contract Administrator. Contractor will be responsible for the costs to restore the damaged amenity to the condition existing before the damage or for replacement, as determined by City. City reserves the right to select or approve the person/company doing the repair and the materials used. To the greatest extent practicable, Contractor shall not enter private property.

Upon completion of service at a site, Contractor is responsible for securing all areas.

5.24 Standards of Performance
All other portions of these special provisions notwithstanding, it is intent of these special provisions that the Contractor provide a level of service that will present the community with a safe and enjoyable playground.

Contractor shall comply with all local, County, and State laws and regulations governing playground installation work applicable to the type of work and individual locations being developed.

5.25 Workmanship
Contractor shall perform work contemplated herein in a good and workmanlike manner to the satisfaction of the Contract Administrator. The Contractor shall cooperate with the Contract Administrator to enable determination of contract compliance. The Contract Administrator shall be the sole judge as to whether Contractor's work conforms to the intent of these Special Provisions. If any work is not performed to the satisfaction of the Contract Administrator, the Contractor will be responsible for correcting such deficiencies.

5.26 Quality Control
Contractor shall perform quality control on all work performed under this contract. An inspection of each playground at completion by a third-party Certified Playground Safety Inspector is required. Each playground must remain fenced off to the public until the completed inspection from a qualified third party is received by the City of Stockton.

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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
SECTION 6 - BLANK
SECTION 7 - MEASUREMENT AND PAYMENT

7.1 General
Full compensation for disposal of materials found routinely on-site and generated from performing the work in these Special Provisions become the property of the Contractor who shall be responsible for its proper disposal which shall be included in the prices paid for the various contract items of work, and no additional compensation will be allowed.

7.2 Payments
Payment requests shall be submitted after the end of each site installation is complete and CPSI safety inspection documentation is received. Payment requests received earlier than that will not be processed until these items are confirmed and until the certified payroll is submitted.

The five percent (5%) retention withheld of all construction contract payments will remain with the City until thirty-five (35) calendar days after the Notice of Completion was recorded.

SECTION 8 – BLANK
SECTION 9 – DESCRIPTION OF WORK
It is the intent of these special provisions that the Contractor provide a level of quality playground equipment professionally installed that presents Stockton residents with safe playgrounds with play value and vandal-resistant features.

9.1 HOURS AND DAYS OF WORK
All installation work is expected to be performed between the hours of 7 a.m. and 5 p.m.

Contractor shall not use equipment powered by internal combustion engines within 50 feet of a residence before 8 a.m.

Contractor shall provide a schedule of installation dates as soon as identifiable, based on incoming shipments of playground components.

SECTION 10 - SUBMITTALS
Proposals will be accepted until Wednesday, January 29, 2025, at 3:00 p.m. See Section 5, Item 5.0
Proposals will be opened at the date and time specified and each firm responding will be recorded as a respondent. Proposal content will be kept confidential until after an award is approved. Once the award recommendation is made, and has been approved, information in proposals will become public record and can be released at that time.

The City may reject any proposal not in compliance with all prescribed public bidding ATTACHMENT A EXHIBIT 2 Page 28 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
procedures and requirements and may reject any or all proposals. These are minimum requirements. The City reserves the right to waive any requirement or condition of the Request for Proposals upon finding that it is in the public interest to do so.

Playground designs may be vetted through a public approval process.

Proposals will be reviewed by a Selection Committee tasked with evaluating each proposal according to the selection criteria outlined in the RFP. The Selection Committee will be comprised of staff members of the City. The firms deemed most qualified and responsive may be asked to attend an interview session to further present their approach to the services requested. Vendors will not be compensated for participation in this process.

All RFP requirements must be met, or be capable of being met, by the responding firm or the submittal may be disqualified as being nonresponsive. The firm deemed most qualified by the committee will be recommended for contract award to the Stockton City Council.

10.1 EVALUATION AND SELECTION PROCESS
The successful vendor will be selected in accordance with the City of Stockton’s selection procedure for architectural and engineering services. Selection will be made based on qualifications and any other relevant considerations.

Evaluation
Proposal evaluation involves an assessment of both the quality and responsiveness of the proposals and the ability of the firm to fulfill the requirements of the RFP. The proposals will be evaluated to ensure that all material requirements of the RFP are met.

Any proposals that are not organized in the manner outlined under “Proposal Format” will be rejected prior to distribution to the evaluators.

Selection Process
The following selection process will occur:

1. Proposals will be reviewed by a selection committee made up of City staff.

2. The selection committee will review and evaluate proposals and may conduct interviews with qualified firms of interest.

3. The City is under no obligation to enter into a contract.

4. There will be no disclosure of contents to competing firms until the contract is awarded. All proposals will be kept confidential during the negotiation process.

Once the contract has been awarded, all proposals will be open for public inspection, except for trade secrets and confidential information which the firm identifies as proprietary. Firms may submit “public copies” and redact all such ATTACHMENT A EXHIBIT 2 Page 29 of 57
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MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
information.

5. All costs associated with proposal preparation, including any necessary travel, are the responsibility of the submitting firm. Submitted proposals shall remain the property of the City of Stockton. Any questions regarding this RFP shall be submitted to the Purchasing Division as outlined in the Inquiries section of this RFP.

10.2 SELECTION CRITERIA
Proposals will be evaluated through a comprehensive approach that balances the firm’s demonstration of the below competency areas:
• Quality of Proposal (10%) | Completeness of proposal, adequately responded to all items outlined in the proposal format section and is easy to understand. • Overall Play Value (20%) | Proposed equipment/design includes engaging features and high play value that will encourage physical activity and enhance motor skill development.
• Safety & Accessibility (25%) | Proposed design meets or exceeds standards for safe play and accessibility for children of all abilities. • Site Compatibility (10%) | Design fits with the feel of the park and is appropriately scaled.
• Design & Functionality (10%) | Demonstrates an understanding of the project vision and of considerations of durability and ease of maintenance. • Cost Proposal (20%) | Points will be weighted with regard to the cost most beneficial to the city.
• Local Business Preference (5%) | Local business preference applies as defined by Stockton Municipal Code 3.68.090. A maximum of 5 points will be given for companies with offices in Stockton and a maximum of 2 points will be given for companies with offices outside of Stockton, but within San Joaquin County.

Proposers should submit complete renderings of the playground, with a description of each.

10.3 PROPOSAL FORMAT
Respondents must supply the following information in the order listed below. Each section should be clearly labeled with numbered pages and correspond to the number and titles below. Failure to include all listed items, in the order outlined below with the associated headings, may result in a rejection of the proposal. Drawings and pricing pages will not count as part of the proposal’s page count.

1. Cover Letter Provide a cover letter indicating your firm’s philosophy, areas of concentration, and how the design of the project aligns with the firm’s expertise.

The letter must be brief and formal and provide information regarding the firm’s ATTACHMENT A EXHIBIT 2 Page 30 of 57
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REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
interest in and ability to perform the requirements of this RFP. The letter shall be signed by an individual who is authorized to enter into an agreement with the City of Stockton, including contact information.

2. Firm Background Provide number of years in business under present name and provide the name and address of each office and location including the office location where the majority of the work will actually be performed.

3. Qualifications Please respond to the below qualification items. a. Demonstrate the firm’s qualifications and experience in the design of playgrounds and provide examples.
b. Demonstrate an understanding of relevant codes and regulations applicable to projects of similar size, form, and function.
c. Provide examples of how the firm has solicited public feedback for past projects and how the firm proposes to solicit feedback from local residents for this project.
d. Provide examples of cost-control strategies and cost-sustainability strategies.

4. Project Team Please provide a detailed description of your assigned project team, including:
a. Identify the project principal and project manager/primary contact.

Demonstrate their experience and qualifications related to playground design, construction, and applicable professional registrations or certifications. b. Demonstrate the organization of the proposed design team and outline their respective roles and responsibilities.
c. Describe any sub-consulting firms for this project; include their background, experience, and an outline of the services that they will perform. Be sure to include the name and years of experience of the installer. d. Show the percentage of the contract that will be subcontracted to DBE subconsultant firms.

5. References Provide at least three (3) and no more than five (5) references of similar projects (besides projects at the City of Stockton) that your company provided services for. For each reference, please include the below information:
a. Project name and location
b. Name and address of client
c. Contract start date and duration of project
d. Type and size of contract
ATTACHMENT A EXHIBIT 2 Page 31 of 57
843

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
e. Photograph of completed project
f. Describe the firm’s role in the project

6. Ongoing & Completed Projects Provide a list of ongoing and completed projects.
a. Provide a list of similar projects completed by the project manager. Include the construction amount for each project and the current status of the project.
b. Provide a statement that your firm and the assigned project manager have the capacity to complete the project in the required timeframe and according to the timeline set forth by the City of Stockton.

7. Customer Experience Describe your firm’s philosophy on customer/client experience.
a. Describe the on-site availability to the City in terms of communication, meetings, and fieldwork.
b. Describe any proximity issues and how you will ensure that there are no disruptions to response times for critical matters pertaining to this project. c. Describe your customer experience philosophy after the project is complete.

8. Project Approach Provide your firm’s approach to the development and completion of design.

9. Anticipated Design Schedule Provide design schedule including pertinent milestones to aid in the development of an overall project schedule.

10.Drawings Provide drawings or renderings of proposed designs. a. Proposals should include drawings of playground with fall zones indicated. b. Submissions should include 11” x 17” drawings (digital file is OK) of playground designs (without company name/logo that can be used to solicit public feedback.) Color scheme for drawings is listed under Design Criteria (see Section 4).

11.Pricing Provide an estimated project budget.
a. Prices shall include the total cost of playground systems, including delivery to the park location in Stockton, California and installation of equipment. Prices shall apply through when ordering will be complete.
b. Proposals should include detailed pricing of elements including but not limited to labor, equipment (benches, signage, play equipment), surfaces, etc. c. Each project shall be designed and configured so that it does not exceed a total ATTACHMENT A EXHIBIT 2 Page 32 of 57
844

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045
delivered and installed price, including safety surface of the above listed budgets.

10.4 PROPOSAL EVALUATION
The Contractor Selection process is anticipated to follow the timeline shown below.

Event Date
Post Request for Proposals December 19, 2024
Written Questions submitted by January 9, 2025, at 4:00 p.m.

Response to Written Questions January 16, 2025
Proposals Due January 29, 2025, at 3 p.m.

Estimated City Council Approval April 2025
Proposal Evaluation
The selection committee will evaluate all proposals. Ranking will be in accordance with the attached Evaluation Scoring Worksheet (See Attachment C). Cost will be a factor in the evaluation, but selection is predominantly qualifications based on qualifications and how well the Contractor fits within the City’s objectives for playground design and installation.

Cost proposals will not be opened until after other categories have been evaluated.

Local preference will also be a factor, so Stockton firms are encouraged to propose.

Also, non-Stockton firms should make an effort to use Stockton contractors whenever possible. Points will be weighted based on the amount of work being performed by the local contractors and/or businesses.

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

The selected contractor will be expected to enter into a Construction Contract with the City. Proposers should direct their attention to Attachment B, Instructions to Proposers for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.

The contract shall not be in force until the Council approves the contract and the City manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.

ATTACHMENT A EXHIBIT 2 Page 33 of 57
845

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS

MATTIE HARRELL PLAYGROUND REPLACEMENT
PROJECT NO. WP24045

10.5 CONTRACT COMPLETION SUBMISSIONS
A third party CPSI inspection report for each playground must be received by the City of Stockton prior to removing fencing at any playground site.

10.6 Certified Payroll
Monthly certified payroll reports must be filed with the California Department of Industrial Relations under the provided project number. An electronic copy of these certified payroll reports must also be received by the Contract Administrator in the Parks Division, as well as the designated compliance person in the Public Works Operations and Maintenance office.

ATTACHMENTS:

Attachment A – Playground Site
Attachment B – Instructions to Proposers
Attachment C – Evaluation Scoring Sheet
ATTACHMENT A EXHIBIT 2 Page 34 of 57
846
REV 2024-03-25
Exhibit B:

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

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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.

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 Page 35 of 57
847
REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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 Page 36 of 57
848
REV 2024-03-25

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

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

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

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.

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 Page 37 of 57
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REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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.

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. Performance Bond

2. Payment Bond

3. 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 Page 38 of 57
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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.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2 Page 39 of 57
851
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.

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C EXHIBIT 2 Page 40 of 57
852
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.

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

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

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

EXHIBIT C EXHIBIT 2 Page 41 of 57
853
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.

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.

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2 Page 43 of 57
855
Subject:

CITY OF STOCKTON, CALIFORNIA

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

EXHIBIT C EXHIBIT 2 Page 44 of 57
856
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.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2 Page 45 of 57
857
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2 Page 46 of 57
858
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 47 of 57
859
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.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2 Page 48 of 57
860
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2 Page 49 of 57
861
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.

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2 Page 50 of 57
862
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.

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

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

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C EXHIBIT 2 Page 51 of 57
863

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.

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

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

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C EXHIBIT 2 Page 52 of 57
864

CITY OF STOCKTON, CALIFORNIA

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

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

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C EXHIBIT 2 Page 53 of 57
865

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, ROSS RECREATION EQUIPMENT COMPANY, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws
of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of THREE HUNDRED EIGHTY-SEVEN THOUSAND EIGHT HUNDRED SIXTY EIGHT AND 75/100 DOLLARS ($387,868.75), 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:

MATTIE HARRELL PLAYGROUND REPLACEMENT
(PROJECT NO. WP24045)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 2 Page 54 of 57
866
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 55 of 57
867

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

That we, ROSS RECREATION EQUIPMENT COMPANY, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and ,
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of THREE HUNDRED EIGHTY-SEVEN THOUSAND EIGHT HUNDRED SIXTY EIGHT AND 75/100 DOLLARS ($387,868.75), 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.

MATTIE HARRELL PLAYGROUND REPLACEMENT
(PROJECT NO. WP24045)
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 Page 56 of 57
868
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.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 57 of 57
869
City of Stockton
Legislation Text
File #: 25-0278, Version: 1
APPROVE MOTION TO AUTHORIZE THE WATER PIPELINE UPSIZING - PRIORITY 1 AND 2

PROJECTS

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

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

2. Award a Professional Services Contract to West Yost Associates, Inc. of Davis, CA, in the amount of $994,984, for design of the Water Pipeline Upsizing - Priority 1 and 2, Project Nos.

UH22006 and UH22007.

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

Summary
The Municipal Utilities Department (MUD) has conducted the 2020 Water Master Plan Study and the 2021 Water Master Plan Update for the City’s potable water infrastructure. This study generates a prioritized list of replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). Results of the Water Master Plan Study identified numerous waterline segments that need upsizing to 8” or 12” in order to meet domestic and fire flow demands.

Priority 1 projects are where the available fire flows are less than 50 percent of the required fire flow.

Priority 2 projects are where the available fire flows are between 50 and 75 percent of the required fire flows. Approximately 16,950 linear feet of water lines have been identified as requiring upsizing.

The projects were included in the 2021-26 Five-Year CIP. The projects will replace approximately 16,950 linear feet of under-sized water mains in various locations throughout the City (Attachment A).

On November 7, 2024, the City advertised a Request for Proposals (RFP) for design of the Water Pipeline Upsizing - Priority 1 and 2 projects. On December 11, 2024, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found West Yost Associates, Inc. of Davis, CA, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $994,984 with West Yost Associates, Inc. It is anticipated that the design will be completed by September 2026. The projects will then be advertised for construction bids, with overall project completion anticipated by August 2027.

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DISCUSSION
Background
The MUD has conducted the 2020 Water Master Plan Study and the 2021 Water Master Plan Update for the City’s potable water infrastructure utilizing modeling techniques and the current and projected future land uses to establish where system deficiencies exist. This study generates a priority list of replacement and/or rehabilitation projects for inclusion in the City’s CIP. Results of the Water Master Plan Study identified numerous waterline segments that need upsizing to 8” or 12” in order to meet domestic and fire flow demands.

Priority 1 projects are where the available fire flows are less than 50 percent of the required fire flow.

Priority 2 projects are where the available fire flows are between 50 and 75 percent of the required fire flows. The projects were included in the 2021-26 Five-Year CIP.

Present Situation
On November 7, 2024, the City advertised an RFP for design services of the Water Pipeline Upsizing - Priority 1 and 2, Project Nos. UH22006 and UH22007. On December 11, 2024, two proposals were received from the following engineering firms:
· West Yost Associates, Inc. (Davis, CA)
· R.E.Y. Engineers, Inc. (Folsom, CA)
A Selection Committee comprised of Public Works and MUD staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of the proposed team, project approach, cost, and local preference.

West Yost Associates, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $994,984 with West Yost Associates, Inc. for design services. This fee is approximately seven percent of the estimated construction cost, which is reasonable for a project of this size and complexity.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $994,984 to West Yost Associates, Inc. for design services of the Water Pipeline Upsizing - Priority 1 and 2 projects (Attachment B). It is anticipated that the design will be completed by September 2026. The project will then be advertised for construction bids, with overall project completion anticipated in 2027.

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

1. The City does not have enough staffing available to design this project for bidding and construction in 2025.

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2. The scope of the design services requires an engineering firm experienced in water pipeline rehabilitation technologies.

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

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

FINANCIAL SUMMARY
There are sufficient funds available in the Water Pipeline Upsizing - Priority 1 and 2, Project Nos.

UH22006 and UH22007, to award a Professional Services Contract in the amount of $994,984 to West Yost Associates, Inc. for the project.

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

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with West Yost Associates, Inc.

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THORNTON ROAD
LOWER

EIGHT MILE ROAD

HAMMER LANE

PACIFIC AVENUE

MARCH LANE

HAMMER LANE

MORADA LANE

MARCH LANE

WILSON WAY

CHEROKEE ROAD

WATERLOO ROAD

FREMONT STREET

BEAR CREEK

CALAVERAS RIVER

CALAVERAS RIVER
ROAD
UPRR

UPRR (SPRR)

WEST LANE

SACRAMENTO
E Harding Way
1 3
4 5
6 2

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
:$7(5PIPELINE UPSIZING PRIORITY 1 $1' 2
PROJECT NO6. UH22006 $1' UH22007

PROJECT LOCATIONS

VICINITY MAP

SEE LIST OF

LOCATIONS FOR

EXACT POSITIONS

ATTACHMENT A
873

LIST OF LOCATIONS
Map
Number Location Proposed pipe size (Inch) Length (ft)
Portola Ave 8 676
Antoine Ct 8 506
Don Avenue Condominium Rentals 8 1,111
Private Business Complex Behind Indian Delicacies
Restaurant
8 407
Alley Behind David's Pizza (Hammer Lane Location) 8 645 Camellia Ln 8 724
Coral Ln / Brentwood Dr 8 713
Oakmont Dr / Coral Ln 8 469
Larkspur Ln / Brentwood Dr 8 817
Rivara Rd 8 288
Cameron Way 8 328
Morada Ln 8 1,339
Don Rafael Way 8 425
Chateau Dr and Dijon St 8 499
Connecting Parking lot between Kathleen Dr and West Ln 8 407 Stratford Cir 8 1,367
Blackoak Dr / Silver CrĞĞk Cir 8 1,132
NSC Properties
Apartment uilding 12 499
Delta Quail Apartments 12 1͕078
Private Residencies Lot on Venetian Dr and Bellini Way 8 383 Gadwall Cir 8 2,821
6 S Garden Ave 6 300
2 3
5 1
4 ATTACHMENT A
874
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)

PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this _ day of _2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and WEST YOST & ASSOCIATES, INC. whose address is 2020 RESEARCH PARK DRIVE, SUITE 100, DAVIS, CA 95618 (“Consultant”) for the PIPELINE UPSIZING – PRIORITY 1 AND 2, PROJECT NO. UH22006 AND PROJECT NO. UH22007, hereinafter referred to as "Project".

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

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

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

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

2. COMPENSATION. City shall pay Consultant for services outlined in EXHIBIT A according to the fee not to exceed the schedule detailed in EXHIBIT B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $994,984 or as otherwise mutually agreed to in a Contract Amendment.

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

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost

Page 1 of 34 ends

875
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in EXHIBIT A according to the schedule detailed in EXHIBIT B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on JULY 30, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment.

A. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

B. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

A. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964

Page 2 of 34 ends

876
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
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 D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

C. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2
D. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Consultant shall be responsible for posting said wage rates at a

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877
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

E. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws.

Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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878
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)

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

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

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

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

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

Page 5 of 34 ends

879
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

A. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

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

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

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

To Consultant: West Yost & Associates, Inc. To City: Public Works Director 2020 Research Park Drive City of Stockton
Suite 100 22 E. Weber Ave., Rm. 301
Davis, CA 95618 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or

Page 6 of 34 ends

880
Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)
activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

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

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

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

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

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

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

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

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby

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

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation 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 WEST YOST & ASSOCIATES, INC.

By: By:

STEVE COLANGELO Signature

INTERIM CITY MANAGER
ATTEST:

Print Name
BY:

KATHERINE ROLAND, CMC, CPMC Title:

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY

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Professional Services Contract – WEST YOST & ASSOCIATES, INC.

PROJECT NO. UH22006 & UH22007
(Updated 03/05/2024)

ATTACHMENT B
Elizabeth T. Drayer
Vice President
882
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 1

SCOPE OF WORK
Task 1. Project Management

1.1 PROJECT MANAGEMENT
West Yost will monitor progress of individual tasks and coordinate completion of work products, monitor task budgets, and project schedule. West Yost will provide monthly invoicing with progress reports.

West Yost will prepare and provide a comprehensive schedule to reflect the time frame for each task of the proposed scope of work utilizing Microsoft Project. The project schedule will show a base line, the tasks, duration, milestones, assignments, critical paths, and other relevant data (including all city procedural steps and an estimated construction schedule).

1.2 MEETINGS
West Yost will attend the project kick-off meeting and up to three additional design progress meetings following each design deliverable (phone conference). Meeting agendas and notes will be provided.

1.3 QA/QC
West Yost will perform internal Quality Assurance and Quality Control reviews of all design submittals.

Task 1 Deliverables:
■ Monthly invoices with brief progress reports
■ Meeting agendas and notes
■ Microsoft Project schedule, updated as necessary
Task 2. Preliminary Design

2.1 BACKGROUND RESEARCH AND UTILITY COORDINATION
West Yost will review existing information as described below:
■ Review existing topographic mapping, right-of-way maps, “as-built” plans, record maps, surveys, assessor maps, improvement plans, and conduct field reconnaissance of the project limits. ■ Following City review, send utility request letters (Utility Letter “A”) to all known utility companies to identify conflicts and coordinate with all utilities. Copies of utility correspondence will be provided for City files. ■ All utilities will be plotted from maps provided by the utility companies and verified by West Yost staff by visual surface inspection.
■ Review existing City maintenance records.

2.2 PUBLIC OUTREACH
West Yost will prepare all public notices and right-of-entry letters to be signed by private property owners, as required, to access private property during field reconnaissance and construction. West Yost will develop customized exhibits to portray the work to be done on private property. Coordination and/or meetings with the private property owners is excluded.

Additional optional services may be provided if authorized, such as attendance at public meetings, or preparation of additional outreach materials.

2.3 SURVEY
West Yost will work with our survey subconsultant, Siegfried Engineering, to obtain topographic survey within the Project areas. Surveyor will also perform boundary survey on properties where the water line is located on private property.

Preliminary Title Reports will be prepared for the 10 parcels where the water pipelines are believed to be located on private property and determine if any easements exist. Recommendations will be made for any additional easements that may need to be acquired to perform the pipeline replacement work. Surveyor will conduct record research necessary to determine existing monumentation locations within the project area and found monuments will be located. West Yost will identify, list, tie out survey monuments, and show existing survey monuments and easements on the construction plans.

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2 Surveyor will file all pre-construction Corner Records or Records of Survey with San Joaquin County and submit a copy to the City. The Corner Records or Record of Survey will show monuments within the area of construction reasonably subject to removal or disturbance not shown on a recent record document.

2.4 PRELIMINARY DESIGN REPORT
The purpose of the Preliminary Design Report (Report) is to illustrate the recommended alignment(s) of new waterlines and the advantages/disadvantages to alternate alignments, if any, such as separation from other utilities, water and non-potable pipeline separation requirements, traffic control requirements, and pavement replacement. The Report will include costs for the pipeline replacements and any alternate alignments. Costs will include all engineering, design, construction, and permit acquisition. West Yost will conclude with a decision matrix and a preferred final recommendation based on the following items:
■ Costs for recommended replacement alternatives.
■ Permit requirements.
■ Impacts to residential neighbors and businesses.
■ Minimal service disruptions.

Review comments generated by the City will be itemized and responded to in a comment matrix. The comment matrix will be attached as an appendix to the Final Report.

2.5 30% PLANS
West Yost will prepare one set of preliminary plan and profile design drawings. Drawings will incorporate survey basemap, utility mapping, and include 30% design in plan view only. 30% plans will be attached to the Preliminary Design Report.

Task 2 Assumptions:
■ One field investigation will be conducted for design. ■ Preparation of up to 10 right-of-entry letters and exhibits. ■ Coordination and/or meetings with private property owners is excluded. ■ Level of effort for public outreach assumes up to 37 hours of effort. ■ Limited boundary survey will be provided where pipeline is on private property only. ■ West Yost’s surveyor will provide their own minor traffic control, but work will not require lane closure traffic control or site-specific traffic control plans.
■ Design includes one set of construction documents covering all Priority 1 & 2 pipeline replacements. ■ Figures and/or plan sheets included with the Report will be prepared at a 30% design level.

Task 2 Deliverables:
■ West Yost will provide copies of all utility correspondence and coordination meeting minutes, if applicable. ■ Up to 10 public notices and right-of-entry forms with exhibits. ■ Up to 10 Preliminary Title Reports in electronic (PDF) format. ■ Two (2) hard-copies and one (1) electronic (PDF) format of Draft and Final Report. ■ Signed quality control checklist provided with the Draft and Final Report. ■ Review comments from the City with written responses itemized and attached to the Final Report.

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City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 3 Task 3. Final Design

3.1 PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
West Yost will prepare one complete PS&E package including design drawings, traffic control plans, bypassing schematics, specifications, and an engineer’s estimate in accordance with City Standards and CA MUTCD, as appropriate.

Base maps showing existing information to facilitate the design of all the necessary improvements will be based on the City’s latest benchmark information. The base map limits will be sufficient to cover all necessary improvements.

West Yost will identify impacts to residents and businesses such as service interruptions, property encroachments, access restrictions, potential damage and restoration, etc. and present mitigation measures on the design improvement plans.

West Yost will prepare a PS&E design package at the 50% and 90% design phases for the City to review and comment. At each design stage West Yost will review comments, incorporate changes into the following PS&E design package, and provide a matrix for comment responses. A 100% PS&E package will be provided to the City for a backcheck prior to preparing final stamped and signed PS&E and printing.

3.2 UTILITY COORDINATION
In coordination with the City, West Yost will develop letters (Utility Letter “B”) to the affected utility owners and send them the 50% design phase. Two sets of half-sized plans will be provided to each utility owners as an attachment to the letter.

The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. A copy of the utility data obtained from utility owners will be provided to the City.

Following the 90% design phase, West Yost will develop letters (Utility Letter “C”) to the affected utility owners. Two sets of half-sized plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City. West Yost will meet with utility companies throughout Final Design to identify conflicts and perform utility relocations, as necessary.

3.3 UTILITY LOCATING
West Yost will work with our utility locating subconsultant, 2M General Engineering, to locate potential utility conflicts using ground penetrating radar. 2M has budgeted 13 days for utility locating services and will generate a report documenting the utility locating technology used in the field, the utilities located on site, and project photos showing the utility markings.

Following utility locating services, the surveyor will perform additional survey to collect utility location data. This data will be reflected on the basemap shown on the improvement plans and used to prioritize and refine the recommendations for utility potholing during design.

3.4 POTHOLING
West Yost will work with our potholing subconsultant, 2M General Engineering, to perform up to three (3) days of utility potholing services. West Yost will be present on site to observe and document the utility findings. 2M will provide water for potholing equipment and backfill and fully restore pavement at pothole locations. Following completion of the work, a pothole report will be prepared to document the utilities located, the depth, pipe material, and pothole photos. The data will be incorporated into the basemap shown on the improvement plans and accounted for during design of the pipeline replacement.

3.5 EASEMENTS
West Yost will work with our survey subconsultant, Siegfried Engineering, to prepare up to seven (7) plat and legal descriptions for permanent or temporary easements required to construct the project. West Yost will coordinate with the City to approve the extent of any required easements. City staff will perform all easement acquisition activities.

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4 3.6 ENVIRONMENTAL DOCUMENTATION
West Yost anticipates that the Project will fall under a Categorical Exemption for CEQA documentation. We understand that Utility Master Plan Supplements, including the Water Master Plan Update dated January 2021, are considered a supplement to the City’s Envision Stockton 2040 General Plan Update, which had an Environmental Impact Report prepared pursuant to the provisions of CEQA. The City will issue, as applicable, a statement of Categorical Exemption and file with the appropriate lead agency and/or County. West Yost will review and incorporate the mitigation measures proposed in the Environmental Impact Report into the PS&E contract documents.

3.7 PERMITTING
This task includes permitting with affected agencies and utilities along the alignment. This project will require work within San Joaquin County. West Yost will coordinate with the County and prepare the necessary permit application for the pipeline replacement work and assist the City with negotiations relative to permit conditions, if required. West Yost will prepare exhibits and meet with the County as necessary. The City will sign and submit applications and pay any associated fees.

Written approval from the State Water Resources Control Board (SWRCB) is required for alternatives to the California Waterworks Standards for separation of water mains and non-potable pipelines. Should a variance from the required separation standards be necessary, West Yost will coordinate with the SWRCB Division of Drinking Water and prepare a written request.

Task 3 Assumptions:
■ Design includes one set of construction documents covering all Priority 1 & 2 pipeline replacements. ■ For the pipeline design, up to 35 plan and profile sheets and details drawings will be provided. ■ Up to 5 traffic control plans will be prepared following the typical applications in the CA MUTCD. ■ Up to 25 hours of effort for Task 3 utility coordination. ■ Up to 13 days of utility locating.
■ Up to 3 days of potholing activities, including engineering field observation, traffic control, and full pavement restoration. ■ West Yost’s utility locating and potholing consultant will provide their own minor traffic control, but work will not require lane closure traffic control or site-specific traffic control plans. ■ Project work will be categorically exempt for CEQA documentation. Statement of Categorical Exemption will be prepared and filed by the City.
■ Incorporation of the mitigation measures proposed in the EIR will require minimal effort. ■ Level of effort for permitting assumes up to 55 hours of effort including meetings, as necessary, with permitting authorities. ■ A Caltrans encroachment permit will not be necessary for the replacement along Garden Avenue. ■ Permit fees will be paid by the City.

Task 3 Deliverables:
■ One (1) electronic (PDF) format of the PS&E design package at the 50%, 90%, and 100% design phases. ■ Signed quality control checklist provided with all PS&E design package deliverables. ■ Electronic format of the stamped and signed 24”x36” final plans (PDF) as well as printed on Mylar. ■ Electronic format of the stamped and signed final specifications (Word and PDF). ■ Electronic format of the stamped and signed final cost estimate (Excel and PDF). ■ Drawing files in AutoCAD and PDF format.
■ West Yost will provide copies of all utility correspondence and coordination meeting minutes, if applicable. ■ Utility Locating Report.
■ Pothole Report.
■ Up to 7 draft plat and legal descriptions for City review. Stamped and signed final plat and legal descriptions will incorporate any draft comments.
■ Permit applications for City signature.
■ SWRCB separation standards variance request letter, as necessary.

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City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025 5 Task 4. Engineering Services During Construction

4.1 BID SUPPORT SERVICES
West Yost will be available and able to respond to questions concerning the PS&E prior to bid opening and prepare contract addendum. West Yost will also provide supplemental project drawings as needed.

4.2 PRECONSTRUCTION MEETING
West Yost will attend one preconstruction meeting. The preconstruction meeting will be led by the City or their designated Construction Manager.

4.3 SUBMITTALS AND RFIS
West Yost will review shop drawings, submittals and RFIs, and prepare clarification sketches, if required.

4.4 FIELD OBSERVATIONS
In addition to the preconstruction meeting, West Yost will attend up to three meetings on site to perform field observations as requested by the City during the construction period.

4.5 RECORD DRAWINGS
After completion of the construction, West Yost will incorporate the red lines (provided by contractor) into one complete set of record drawings in AutoCAD. Changes will be reflected either on the Final PS&E mylar plans by hand, or a new set of record drawings will be printed on mylar.

Task 4 Assumptions:
■ Task 4 scope and fee assumes one construction contract. ■ West Yost will prepare up to one (1) bid addendum, if necessary. ■ West Yost will review up to 20 original submittals, up to four re-submittals, and up to four RFIs. ■ West Yost will attend up to three meetings on site during construction. ■ Construction administration and inspection services will be provided by others.

Task 4 Deliverables:
■ Written summaries of discussions with bidders.
■ Electronic copy of addendum.
■ Responses to submittals, as required.
■ Responses to RFIs and clarifications, as required.
■ One set of 24”x36” Record Drawings on Mylar.
■ Electronic files containing Record Drawings in AutoCAD and PDF format.

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Costs
West Yost Associates P PE/PS/PG II SE/SS/SG I PE/PS/PG II SE/SS/SG I ESG II ESG I CAD II TS II ADM IV P Hours Fee SIG 2ME Sub. Other Total $380 $345 $292 $345 $292 $219 $189 $198 $228 $171 $380 w/ markup Direct Costs PROJECT: Stockton Water Pipeline Upsizing - Priority 1 & 2: UH22006 and UH22007 Jeff Robert Lindsey Kelly Sandrine Zubaidah Aaron Olga Max Christine 10% Task 1 Project Management

1.1 Project Management 16 102 32 32 182 56,248 $ 56,248 $

1.2 Meetings 25 25 25 6 81 24,251 $ 400 $ 24,651 $

1.3 QA/QC 48 48 18,240 $ 18,240 $
Subtotal, Task 1 (hours) 16 0 127 57 57 0 0 0 0 6 48 311 Subtotal, Task 1 ($) 6,080 $ 37,084 $ 19,665 $ 16,644 $ 1,026 $ 18,240 $ 98,739 $ 400 $ 99,139 $ Task 2 Preliminary Design

2.1 Background Research and Utility Coordiantion 4 8 13 13 13 13 17 2 83 21,009 $ 100 $ 21,109 $

2.2 Public Outreach 2 3 3 2 2 23 35 7,865 $ 7,865 $

2.3 Survey 4 2 2 8 1,984 $ 82,635 $ 90,899$ 92,883 $

2.4 Preliminary Design Report 4 16 17 17 9 9 12 4 88 23,613 $ 300 $ 23,913 $

2.5 30% Plans 18 90 90 90 80 80 180 628 158,100 $ 100 $ 158,200 $ Subtotal, Task 2 (hours) 0 26 120 123 123 106 106 232 0 6 0 842 Subtotal, Task 2 ($) 8,970 $ 35,040 $ 42,435 $ 35,916 $ 23,214 $ 20,034 $ 45,936 $ 1,026 $ 212,571 $ 82,635 $ 90,899$ 500 $ 303,970 $ Task 3 Final Design

3.1 Plans, Sepcifications, and Estimates (PS&E) 40 208 233 233 180 180 360 21 1455 372,465 $ 1,200 $ 373,665 $

3.2 Utility Coordination 5 4 4 4 4 4 25 6,324 $ 200 $ 6,524 $

3.3 Utility Locating 5 3 3 11 3,371 $ 36,400 $ 40,040$ 43,411 $

3.4 Potholing 2 5 5 30 42 9,439 $ 49,000 $ 53,900$ 300 $ 63,639 $

3.5 Easements 8 2 2 12 3,152 $ 12,717 $ 13,989$ 17,141 $

3.6 Environmental Documentation 2 2 4 1,274 $ 1,274 $

3.7 Permitting 7 10 10 14 14 55 14,126 $ 200 $ 14,326 $ Subtotal, Task 3 (hours) 0 40 235 257 257 200 230 360 21 4 0 1604 Subtotal, Task 3 ($) 13,800 $ 68,620 $ 88,665 $ 75,044 $ 43,800 $ 43,470 $ 71,280 $ 4,788 $ 684 $ 410,151 $ 12,717 $ 85,400 $ 107,929$ 1,900 $ 519,980 $ Task 4 Engineering Services During Construction

4.1 Bid Support Services 2 12 5 5 8 4 36 9,875 $ 9,875 $

4.2 Preconstruction Meeting 2 6 8 2,654 $ 100 $ 2,754 $

4.3 Submittals and RFIs 8 20 34 34 16 16 128 36,786 $ 36,786 $

4.4 Field Observations 7 6 6 19 4,863 $ 100 $ 4,963 $

4.5 Record Drawings 4 6 6 48 8 72 16,318 $ 1,200 $ 17,518 $ Subtotal, Task 4 (hours) 0 10 38 58 45 22 22 56 12 0 0 263 Subtotal, Task 4 ($) 3,450 $ 11,096 $ 20,010 $ 13,140 $ 4,818 $ 4,158 $ 11,088 $ 2,736 $ 70,496 $ 1,400 $ 71,896 $ TOTAL (hours) 16 76 520 495 482 328 358 648 33 16 48 3,020 TOTAL ($) 6,080 $ 26,220 $ 151,840 $ 170,775 $ 140,744 $ 71,832 $ 67,662 $ 128,304 $ 7,524 $ 2,736 $ 18,240 $ 791,957 $ 95,352 $ 85,400 $ 198,827$ 4,200 $ 994,984 $ Labor
City of Stockton | Water Pipeline Upsizing - Priority 1 and 2 (Combined) | April 2, 2025

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EXHIBIT B

ATTACHMENT B
888
5 (Effective January 1, 2025, through December 31, 2025)*

POSITIONS

ENGINEERING
Principal/Vice President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Principal Engineer/Scientist/Geologist I / II $317 / $338 Senior Engineer/Scientist/Geologist I / II $286 / $300
Associate Engineer/Scientist/Geologist I / II $237 / $255 Engineer/Scientist/Geologist I / II $185 / $215
Engineering Aide $111
Field Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $366 / $369
Principal Tech Specialist I / II $336 / $348
Senior Tech Specialist I / II $308 / $321
Senior GIS Analyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Technical Analyst I / II $141 / $168
Technical Analyst Intern $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD Manager $222
CAD Designer I / II $172 / $194

CONSTRUCTION MANAGEMENT
Senior Construction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Apprentice Inspector $172
CM Administrative I / II $91 / $124
Field Services $244
2025 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually Page 1 of 2
*This schedule is updated annually.

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889
6 (Effective January 1, 2025, through December 31, 2025)* Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour mimimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2025 Billing Rate Schedule
* This schedule is updated annually Page 2 of 2
*This schedule is updated annually.

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890
Insurance Requirements
(Pipeline Upsizing – Priority 1 and 2, Project No. UH22006 and UH22007) Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

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

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

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

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891
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

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

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892
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

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

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

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

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

Verification of Coverage

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City Council and Concurrent AuthoritiesJuly 15, 2025

City Council and Concurrent Authorities
July 15, 2025