3.2 Schedule Review
Once each month, on a date mutually agreed upon, but no later than seven (7) working days after the submittal of the monthly update specified herein, a jobsite meeting will be held to review the Construction Schedule, job progress and the monthly update, or the Construction Manager will provide written comments on the monthly update.
3.3 Schedule Revisions
The conditions under which the Construction Manager will require revisions of the Construction Schedule include the following:
a. When delay in completion of any work item or sequence of work items results in an estimated extension of project completion by either twenty (20) working days or by five percent (5%) of the remaining duration of time to complete the Contract, whichever is less.
b. When delays in submittals or deliveries make re-planning or rescheduling of the work necessary.
c. When the schedule does not represent actual prosecution and progress of the work.
d. When any change to the sequence of activities, the completion date for major portions of the work, or changes occur which affect the critical path.
e. When Contract modification necessitates schedule revision.
The Contractor shall not make any changes to the critical path without the Construction Manager’s written consent.
4.0 TIME IMPACT ANALYSES
4.1 Requirement
When change orders impacting project duration are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the Construction EXHIBIT 2
614
Manager a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date.
4.1.1 Construction Schedule Analysis -
a. Each Time Impact Analysis shall include an analysis demonstrating how the Contractor proposes to incorporate the change order, delay, or Contractor request into the Schedule.
b. The analysis shall demonstrate the time impact based on the date of occurrence of the change, delay or revision; the status of construction at that point in time; and the impact of all affected activities.
4.2 Delays
Activity time delays will not automatically mean that an extension of Contract Time is warranted or due the Contractor.
a. It is possible that a strike or contract modification will not affect existing critical activities or cause non-critical activities to become critical, i.e., a strike or modification may result in only absorbing a part of the available total float that may exist within an activity chain of the network, thereby not causing any effect on the Contract completion date or time.
b. The Contractor acknowledges and agrees that mitigation for delays due to changes, differing site conditions, and other causes will require revision of preferential sequences of the Work before proposing an updated schedule which supports a delay to the Project as a whole. When a delay to the Project as a whole can be avoided by revising preferential sequencing, and the Contractor chooses not to implement the revisions, the Contractor will be entitled to a time extension but is not entitled to compensation for indirect overhead.
c. Float or slack shall not be for the exclusive use or benefit of the City or the Contractor.
Extensions of time for performance will be granted only to the extent that the equitable time adjustments for the activity or activities affected exceeds the total float along the activity chain involved at the time the change was ordered or the delay occurred.
d. The definitions of "non-critical activities" and "total float" shall be as provided in the Associated General Contractors of America book "CPM in Construction, A Manual for General Contractors."
4.3 Submittal
Time Impact Analyses shall be submitted in quadruplicate and within fifteen (15) days after a delay occurs or with the Contractor's cost proposal in response to a notice of change from the Construction Manager. In cases where the Contractor does not submit a Time Impact Analysis for a specific change order, delay, or Contractor request within the specified period of time, then it is mutually agreed that the particular change order, delay, or Contractor request has no time impact on the Contract completion date and no time extension is required.
EXHIBIT 2
615
a. Approval or rejection of Time Impact Analyses by the Construction Manager and the City will be made within fifteen (15) days after receipt of the Time Impact Analysis unless subsequent meetings and negotiations are necessary.
b. Upon mutual agreement by both parties, schedule revisions illustrating the influence of change orders, delays, and/or Contractor requests will be incorporated into the next schedule update.
5.0 WEEKLY ACTIVITIES PLAN
On the last working day of every week the Contractor shall submit to the Construction Manager the Contractor's Plan of Activities for the following three weeks. The Plan of Activities shall describe the activity and location of the activity and include the activity's I-J or Activity number as provided in the Construction Schedule.
6.0 CASH FLOW PROJECTION
A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
7.0 WORKHOUR PROJECTION
A work hour projection shall be submitted with the Construction Schedule. The projection shall list projected work hours for each intended trade. This applies to the Contractor and the Subcontractors as listed in the bid. The projection shall include work hours for project management, superintendence and administration. The work hour projection shall be revised and resubmitted when revisions to the Construction Schedule will result in changes to the projected manpower.
*** END OF SECTION ***
EXHIBIT 2
616
EXHIBIT 2
617
SECTION 01400 - QUALITY CONTROL
1.0 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the Design Consultant if samples have been submitted. It shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Construction Manager may, by appropriate instructions, correct errors and supply omissions not involving extra cost, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.
At the option of the Construction Manager, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Construction Manager written notification at least 30 days prior to the shipment of materials and equipment to be tested and inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment nor shall such tests and inspections preclude retesting or reinspection at the site of the Work.
Inspection of the Work by the City, Construction Manager and/or Design Consultant shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
2.0 INSPECTION
All work and materials are subject to the inspection of the Construction Manager. The Contractor shall notify the Construction Manager before noon of the working day before inspection is required.
If the Specifications, the Construction Manager's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice, in writing, of its readiness for inspection. Unless otherwise determined by the Construction Manager, all inspections shall be done only in the presence of the Construction Manager or its authorized representatives. The City, Construction Manager, Design Consultant and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Construction Manager or that payment therefore has been included in a progress estimate.
No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Construction Manager. If any work should be covered up without the approval or consent of the Construction Manager, the Construction Manager shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered at the Contractor's expense.
EXHIBIT 2
618
3.0 SAMPLES AND TESTS
At the option of the Construction Manager, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination.
All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents.
Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications.
3.1 Sampling
The Contractor shall furnish such samples of materials as are requested by the Construction Manager, without charge. No material shall be used until the Construction Manager has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Construction Manager or Testing Firm in the presence and with the assistance of the Contractor.
3.2 Testing
Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor and shall be performed in the City's laboratory or in a laboratory designated by the City.
Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense. When required by the Contract or the Construction Manager, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory.
The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents.
3.3 Test Standards
All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations.
The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable.
*** END OF SECTION ***
EXHIBIT 2
619
SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
1.0 GENERAL
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.
The Contractor shall respond to public complaints when requested by the City.
2.0 TEMPORARY UTILITIES
2.1 Electrical Service
The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.
Electric power may be available for the Contractor’s use, on a site specific basis, and at the City’s sole discretion.
2.2 Water
The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance. The Contractor shall be responsible for the disposal of all water used in the course of construction in accordance with all local, state and national laws.
2.3 Temporary Lighting
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by California OSHA standards.
As permanent lighting facilities are completed they may be used in lieu of temporary facilities, provided however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance of the Work.
2.4 Heating and Ventilation
The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly EXHIBIT 2
620
placed concrete will be exposed to the combustion gases until at least two hours after the concrete has attained its initial set.
2.5 Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition.
3.0 CONSTRUCTION FACILITIES
Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.
3.1 Staging and False work
Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Construction Manager, the Contractor shall submit design calculations for staging and shoring prior to application of loads.
Excavation support shall be in accordance with Section 00700-4.12, Safety.
3.2 Temporary Enclosures
When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures. The Contractor shall comply with the San Joaquin Valley Unified Air Pollution Control District regulations for such work.
3.3 Warning Devices and Barricades
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.
A. Hazards in public right-of-way:
Contractor shall:
1. Mark at reasonable intervals, trenches and other continuous excavations in public right- of-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours:
EXHIBIT 2
621
a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.
2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades:
a. During hours of darkness, provide warning lights at close intervals.
3.4 Above Grade Protection
On multi-level structures the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations.
3.5 Use of Explosives
All persons engaged in the activities of receiving, storing, using, handling or transporting any explosives must obtain a permit from the Fire Prevention Bureau; and all work shall be governed by the Health & Safety Code and any amendments or existing Articles of the National Board of Fire Underwriters Fire Prevention Code. The Contractor must notify the Construction Manager at least 14 days prior to the use of explosives.
4.0 PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor is responsible for the following, at no additional cost to the City:
a. The Contractor shall conduct operations in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
b. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. If damaged or removed because of the Contractor's operations, they shall be restored or replaced as required to return the property to its prior condition and location, or better, as is reasonably possible.
Lawns shall be re-sod, or re-seeded and covered with suitable mulch if appropriate sod is not available.
c. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work.
d. To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of his Work or the work of any other contractor.
EXHIBIT 2
622
e. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.
f. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.
g. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur. In the event interferences in construction are encountered with the various existing improvements, the City reserves the right to appropriately change the alignment and grade of the facilities.
h. Provide for the flow of all sewers and drains interrupted during the progress of the Work, in a manner acceptable to the City and immediately cart away and remove all offensive matter at no additional cost to the City.
Where interruption of existing utilities occurs as the result of the Contractor's activity for this Work, whether intentional or accidental, repairs to the interrupted utility shall be performed by the Contractor in a manner acceptable to the Owner unless instructed otherwise in these Contract Documents. The repairs, including materials used, shall be performed in accordance with the requirements of the respective utility as well as the requirements of the Contract Documents for this Project. Where a conflict exists between the requirements of the respective utility and those of the Contract Documents for this Project, the more stringent of the two shall apply unless instructed otherwise by the Owner.
5.0 PROJECT SECURITY
The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury and shall comply with the City's security measures.
5.1 Fire Extinguisher
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. The local fire marshal shall have jurisdiction in determining the appropriate level of protection required.
5. 2 First aid
Post first aid facilities and information posters conforming to requirements of OSHA and other applicable Laws and Regulations in readily accessible locations.
5.3 Temporary Fences
Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism.
EXHIBIT 2
623
In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site, provided however, that any portions damaged or defaced shall be replaced prior to final acceptance.
Temporary openings in existing fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at the site, the Contractor shall provide temporary closures or guard service to protect such openings.
Temporary openings shall be fenced when no longer necessary.
6.0 ACCESS ROADS
Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.
7.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control.
7.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations.
Unless the construction dictates otherwise, and unless otherwise approved by the Construction Manager, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.
7.2 Mud Control
The Contractor shall: Prevent mud nuisance caused by construction operations, unpaved roads, excavation, backfilling, demolition, or other activities.
7.3 Noise Abatement
Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.
EXHIBIT 2
624
Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.
7.4 Working Hours
Construction shall be allowed only between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays and nine (9:00) a.m. to six (6:00) p.m. on weekends and holidays, unless otherwise approved by the City.
Normal working hours are defined as between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays.
The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 01010, Summary of Work, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.
The Contractor shall notify the Construction Manager at least 48 hours prior to any work outside the normal working hours defined above, on weekends or holidays. No work outside normal working hours will be allowed to take place without proper notification and approval by the construction manager.
7.5 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property.
Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow.
Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.
Temporary provisions shall be made by the Contractor to ensure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.
7.6 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work.
The Contractor shall clean up not less than at the end of each work day, all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the Work shall present a neat, orderly and workmanlike appearance. More frequent clean-up shall be performed as required to maintain access to all other City facilities still in operation.
All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.
Before final inspection of the work, the Contractor shall clean the project site, material sites, and all ground occupied by him in connection with the work of all rubbish, excess materials, false-work, EXHIBIT 2
625
temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.
Nothing herein, however, shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the City.
Full compensation for all site maintenance and cleanup will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.
7.7 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required Federal, State, and local regulations pertaining to such disposal.
7.8 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Construction Manager.
8.0 TRAFFIC REGULATION
8.1 General
The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without notifying the property owner and access must be restored during all non-working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times.
At least one lane of traffic in each direction must be kept open at all times unless prior approval is provided by the City and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the City and the affected agencies.
The Contractor shall not block or obstruct fire lanes at any time.
8.2 Haul Routes
Prior to the pre-construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include any designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s).
EXHIBIT 2
626
8.3 Traffic Control
Traffic control shall be in accordance with the California Department of Transportation Traffic Manual. The Contractor shall submit for approval, by the City and any other applicable agency, its traffic control plans prior to work on public streets.
Traffic control shall include signs, warning lights, reflectors, barriers, and other necessary safety devices and measures, including sufficient flaggers to direct vehicular traffic through the construction areas.
No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way.
Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the Construction Manager may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense.
9.0 PROJECT OFFICE
The Contractor shall maintain on the project site a suitable office or other protected area in which shall be kept project copies of the Contract Documents, project progress records, project schedule, shop drawings, and other relevant documents which shall be accessible to the City and Construction Manager during normal working hours.
10.0 CONTRACTOR’S SAFETY RULES
The Contractor shall execute and abide by all terms and conditions of the City's "Contractor's Safety Rules," a copy of which is included at the end of this section. The Contractor shall post "Contractor's Safety Rules" on the job site for the entire construction period for this Project.
11.0 CONSTRUCTION MANAGER'S OFFICE
Not Applicable.
*** END OF SECTION ***
EXHIBIT 2
627
CITY OF STOCKTON
DEPARTMENT OF MUNICIPAL UTILITIES
CONTRACTOR’S SAFETY RULES
THESE SAFETY RULES ARE TO INFORM YOU OF CERTAIN SAFETY AND HEALTH REQUIREMENTS
THAT MUST BE FOLLOWED WHILE WORKING AT THE REGIONAL WASTEWATER CONTROL
FACILITY MAIN PLANT, TERTIARY PLANT, PUMP STATIONS OR OTHER MUNICIPAL UTILITIES DEPARTMENT SITES.
1. DRINK ONLY BOTTLED WATER. DO NOT DRINK FROM ANY FAUCET, PIPELINE OR HOSE
WHILE WORKING AT THE MAIN PLANT, TERTIARY PLANT, OR SMITH CANAL PUMP STATION.
2. STRICT ADHERENCE TO CONFINED SPACE ENTRY PROCEDURES OUTLINED BY CAL- OSHA TITLE 8 ARTICLE 108 MUST BE FOLLOWED.
3. WASH HANDS THOROUGHLY BEFORE EATING OR DRINKING.
4. WORK ONLY IN CONTRACTED AREAS. DO NOT WANDER THROUGH THE SITE.
5. OBSERVE THE 15 M.P.H. SPEED LIMIT ON THE MAIN PLANT AND TERTIARY SITES.
OBSERVE ALL STOP SIGNS.
6. CHECK WITH THE CONTRACT MANAGER BEFORE BEGINNING ANY CONTRACTED WORK
TO REVIEW ANY SPECIAL HAZARDS OR SAFE PRACTICE PROCEDURES FOR THE AREA YOU ARE WORKING IN.
7. IT IS YOUR RESPONSIBILITY TO ADVISE YOUR WORK CREWS AND SUBCONTRACTORS
REGARDING HAZARDS AND SAFE PRACTICE MEASURES REQUIRED WHILE DOING ANY WORK AT MUNICIPAL UTILITIES DEPARTMENT FACILITIES. POTENTIALLY HAZARDOUS CHEMICALS ARE STORED AND USED AT MANY M.U.D. SITES.
8. THE ABOVE RULES DO NOT EXEMPT ANY CONTRACTOR OR SUB-CONTRACTOR FROM ANY APPLICABLE FEDERAL, STATE OR LOCAL REGULATIONS.
THE ACKNOWLEDGMENT BELOW MUST BE SIGNED AND RETURNED TO THE CONTRACT MANAGER. THANK YOU FOR YOUR COOPERATION.
I UNDERSTAND AND AGREE TO COMPLY WITH THE ABOVE RULES WHILE ON ANY MUNICIPAL UTILITIES DEPARTMENT SITE.
____________________________________ _________________________
CONTRACTOR'S SIGNATURE DATE
____________________________________
COMPANY NAME
EXHIBIT 2
628
SECTION 01600 - MATERIAL AND EQUIPMENT
1.0 STORAGE OF MATERIALS
Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Manager, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed.
Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary to protect the public or the material.
Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the limits of work shall be selected and maintained by the Contractor at its expense. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefore. The City shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes.
Use of portions of the City's area at the site for materials and equipment storage shall be permitted only upon the approval of the Construction Manager.
2.0 HAZARDOUS MATERIALS
The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets shall be submitted to the Construction Manager prior to the delivery of materials to the project. Hazardous materials shall be removed and legally disposed as soon as no longer needed for project work. All spills of potential pollution causing and hazardous materials shall be contained, cleaned-up, removed and legally disposed, and remediated completely at no additional cost to the City.
3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS
3.1 General
In preparing these Specifications, the Design Consultant has named those products which to its knowledge meet the Specifications and are equivalent in construction, functional efficiency, and durability.
Wherever catalog numbers and specific brands or trade names preceded by "similar and equal" or followed by the designation "or equal" are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, they are used to establish the standards of quality and utility required.
The first-named manufacturer is the basis for the project design and the use of alternative-named or unnamed manufacturer's products proposed by the Contractor may require modifications in the project design and construction. Where only one product has been named by brand, it is the only EXHIBIT 2
629
brand, trade name, or manufactured product known to the Design Consultant that meets these Specifications.
Wherever catalog numbers and specific brands or trade names not preceded by designation "similar and equal" nor followed by the designation "or equal", are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, to ensure compatibility with existing facilities, no substitutions will be allowed. Reference Paragraph 00100-19.0, Substitutions During Bidding.
3.2 Substitutions
Substitutions which are equal in quality and utility to those specified will be permitted, subject to the following provisions. For this purpose, the Contractor shall submit to the Construction Manager in accordance with Public Contract Code Section 3400, no later than thirty five (35) days after the Notice to Proceed, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature, calculations, or other detailed information as will demonstrate to the Design Consultant that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Design Consultant will favorably review in writing such proposed substitutions as are, in its opinion, equal in quality to the items or materials specified. In the event that a substitute is favorably reviewed, fifty percent (50%) of all savings shall be credited to the City.
Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the Construction Manager of any substitutions otherwise proposed.
3.3 Modifications and Costs
If named alternatives or substitutions are proposed by the Contractor and favorably reviewed by the Design Consultant, the Contractor is responsible for providing, at no additional cost to the City, any electrical, mechanical, structural, or other related changes or testing that may be required to accommodate or provide the particular material or equipment the Contractor desires to use. Any deviation from the Specifications or the Drawings resulting from the type of material or equipment to be used shall not be the basis for any "extra charges" above and in excess of the original bid price of the work.
In addition the Contractor is responsible for all additional costs to the City, and its agents and representatives, for evaluation of data submitted by the Contractor for alternative named or substitutions and any redesign necessary. The City shall deduct said costs from the Contract monies due the Contractor.
*** END OF SECTION ***
EXHIBIT 2
630
EXHIBIT 2
631
SECTION 01660 - SYSTEM TESTING
The Contractor shall test the facilities as specified in the City of Stockton Standard Plans and Specifications.
The Contractor shall provide all necessary facilities for conducting the tests, including but not limited to, personnel, power, water equipment, and chemicals. The Contractor shall provide the required minimum notice to the Construction Manager of its readiness and intent prior to each test. *** END OF SECTION ***
EXHIBIT 2
632
EXHIBIT 2
633
SECTION 01670 - TRAINING
1.0 GENERAL
Conduct an instruction program for City's operation and maintenance personnel. Provide training for the purpose of familiarizing the City's personnel with the proper operation and maintenance of all equipment. Training shall include both classroom instruction and "hands-on" instruction held at the equipment.
Additional specific requirements for each type of equipment and/or system are identified in the Specification sections covering the various project equipment and/or systems.
2.0 INSTRUCTORS
Training for an individual component within a system shall be performed by the manufacturer’s factory-certified personnel. Training provided by the system fabricator, packager, integrator, or supplier shall be in addition to the component training.
Training instructors shall be trained and familiar with giving both classroom and hands-on field training.
3.0 SCHEDULING
Conduct training after the equipment has been installed, tested, and adjusted, and prior to City acceptance for beneficial occupancy or substantial completion of the respective equipment item, unless required earlier in the progress of the work the Specification section covering that equipment or system. Training shall be a prerequisite for acceptance.
Schedule instruction periods acceptable to the City, and provide formal written notice of the proposed instruction period at least fourteen (14) days prior to commencement of the instruction period. The City will review and comment on the proposed training schedule to accommodate scheduling of its shift personnel and ongoing or forecasted workload. The duration of the training sessions may vary from one hour up through multiple days, and should be based upon the complexity of the equipment involved and the training required.
For operation and routine maintenance instruction, three separate but identical training sessions for each respective equipment item or system shall be required (on different days or sets of days for multiple day sessions) to accommodate the scheduling of City’s shift personnel and City’s workload. For detailed maintenance and overhaul training, and for detailed troubleshooting, repair, and programming instruction for electrical and instrumentation equipment, two separate but identical training sessions (on different days or sets of days for multiple day sessions) shall be required for each respective equipment item or system.
4.0 INSTRUCTION PROGRAM
Instruction programs shall include basic system operation theory, troubleshooting, routine maintenance and repair, "hands-on" operation of equipment, and rebuild/overhaul procedures.
Provide copies of all training material (graphs, diagrams, cut-a ways, charts, descriptions, EXHIBIT 2
634
instructions, etc.) used in the training sessions for the use of City's personnel in attendance and for insertion into the O&M manuals. All training material shall become the property of the City.
Instructors shall prepare a typed agenda for each training session and submit to City with the proposed training schedule twenty-one (21) days prior to the proposed commencement of the training period. City will review and comment on the adequacy of the proposed training and training schedule. Instructors shall obtain City approval of each training session agenda prior to the start of its respective session.
Training sessions, and their respective agendas, shall be organized into topic groupings to allow City to coordinate personnel attendance with the topics being taught. For example, operators do not need to attend overhaul training. Agenda shall also include a statement of the intended audience, list of major training topics, goals and objectives for each major training topic, and motivational statements (i.e. why is this important).
Training sessions shall cover the information required in the Operation and Maintenance manuals submitted in accordance with Section 01300 and the following topics, as applicable:
a. Operation, including theory of operation, start-up procedures, shutdown procedures, instrumentation and controls
b. Lubrication, including changing of major fluids
c. Operation safety
d. Emergency situation response
e. Troubleshooting
f. Preventive maintenance procedures
g. Optimizing life of equipment components
h. Maintenance, including adjustment and/or removal and replacement of wear components
i. Overhaul and repair, including takedown procedures, disassembly and assembly j. Programming
k. Record keeping
Training for overhaul and repair on mechanical equipment, and for troubleshooting, repair, and programming on electrical, instrumentation, and control equipment shall provide sufficient detail, duration, and quality to result in factory certification for City staff receiving such training, where factory certification is available. This training shall include an examination to determine the competency of the participating students. All tests shall be scored by the instructor and results submitted to the City. Certificates shall be issued by the manufacturer to those students demonstrating a level of competency acceptable to the manufacturer. The manufacturer/instructor shall anticipate training City staff to this level of detail as follows:
Mechanical Equipment Two separate sessions with four City maintenance staff in each session (separate days)
Electrical, Instrumentation and control Two separate sessions with four City maintenance staff in each session (separate days)
5.0 LOCATION
All training shall be conducted at City facilities, except that training for factory certification in troubleshooting, repair, and programming of electrical, instrumentation, and control equipment may occur at the manufacturer's facility, at the manufacturer's option. Should the manufacturer choose to conduct this factory certification training at its facilities, the Contractor shall arrange for and pay EXHIBIT 2
635
all costs for travel, lodging, meals, and other associated expenses for City staff to travel to and from, and receive training at, the manufacturer's facility, at no additional cost to the City.
6.0 RECORDING OF TRAINING SESSIONS
Contractor shall record in color using DVD format, every session of the instruction program for each respective equipment item or system. Recording shall be performed by a person experienced in the operation of video recording equipment. Care shall be taken to properly place the camera, and provide adequate lighting and sound systems to ensure good video and audio quality. The final submitted DVD shall be subject to City approval and acceptance.
For video recording of "hands-on" training at the equipment, ambient noise shall be considered too loud to obtain satisfactory sound quality. For "hands-on" training sessions at the equipment, the recording shall be done without sound and the instructor shall dub a detailed narrative onto the recording by a means that will provide sound quality satisfactory to the City. Contractor shall propose a dubbing methodology to the City for approval prior to the first "hands-on" training session.
Contractor is not required to video record factory certification training that occurs at the manufacturer's facilities, but shall record any such training that occurs at City facilities.
Label each DVD identifying the session and respective equipment item or system. Multiple sessions of the same instruction program may be contained on the same DVD, but only one equipment item or system shall be recorded on the same DVD. The original and one copy of each DVD shall be submitted to the City within seven days following completion of each respective instruction program and any post-session dubbing. Responsibility for coordinating and providing all equipment, including video recorder and microphones, necessary to satisfactorily record each session, including all associated costs, shall be borne by the Contractor at no additional cost to the City.
*** END OF SECTION ***
EXHIBIT 2
636
EXHIBIT 2
637
SECTION 01700 - CONTRACT CLOSEOUT
1.0 INSTRUCTION MANUALS
All Instruction Manuals shall be submitted to, and approval by the Construction Manager obtained, prior to seventy-five (75) percent of the work being completed, or prior to the City taking beneficial occupancy of any equipment or facility, whichever occurs first. Incomplete or unacceptable Instruction Manuals as determined by the Construction Manager shall constitute justification for withholding all or any portion of progress payments.
2.0 EQUIPMENT START-UP
After all acceptance tests have been completed by the Contractor and City, but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment, adjustment, and calibration, check oil levels, re-lubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation.
3.0 FINAL CLEANING
3.1 Final Clean Up
Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.
3.2 Final Building Clean-Up
On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work:
a. Putty stains and paint shall be removed from glass; glass shall be washed and polished, inside and outside. Care shall be exercised so as not to scratch glass.
b. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work.
c. Waxed woodwork shall be cleaned and polished.
d. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes.
e. Spots, soil, paint, plaster, and concrete shall be removed from tile; tile work shall be washed afterwards.
f. Fixtures and equipment shall be cleaned, and stains, paint, dirt, and dust shall be removed.
EXHIBIT 2
638
g. Temporary floor protections shall be removed; floors shall be cleaned, waxed, and buffed.
h. Dust, cobwebs, and traces of insects and dirt shall be removed.
4.0 PROJECT COMPLETION
4.1 Substantial Completion
Substantial Completion is the date upon which written acceptance by the Owner has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the Owner thereupon takes beneficial occupancy of each facility.
4.2 Final Completion
Final Completion is the date upon which written acceptance by the Owner has occurred stating that the Construction of all remaining Work as required by the Contract Documents, has been completed in accordance with the Contract Documents. The following items as they pertain to all remaining Work of the Project are included in the requirements which shall be completed prior to Final Completion being certified:
a. Removal and disposal of all non-salvageable materials, and clean-up of the project area. b. Correction of all work deficiencies and/or non-compliance items. The punch list for the entire Contract shall be resolved to the Owner's satisfaction prior to Final Completion. c. Written certification by the Contractor stating that all the above items have been accomplished and a request that the Owner accept the project as having attained "Final Completion.”
A. Submit following Closeout Submittals upon Substantial Completion or upon completion of the Work and at least 7 days prior to submitting Application for Final Payment:
1. Evidence of Compliance with Requirements of Governing Authorities.
2. Project Record Documents
3. Operation and Maintenance Manuals.
4. Warranties and Bonds.
5. Keys and Keying Schedule.
6. Evidence of Payment and Release of Liens and/or Stop Payment Notices as outlined in Conditions of the Contract.
7. Release of claims as outlined in Conditions of the Contract.
8. Survey Record Documents as specified in Section 01722.
9. Certificate of Final Completion.
EXHIBIT 2
639
4.3 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to the City and Construction Manager, 1 copy of the Contract Documents, shop drawings, and other submittals in good order:
1. Mark and record field changes and detailed information contained in submittals and change orders.
2. Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities. Reference dimensions to permanent surface features.
3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.
4. Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes. Record spare conductors, including number and size, within spare conduits and filled conduits.
5. Provide schedules, lists, layout drawings, and wiring diagrams.
6. Make annotations with erasable colored pencil conforming to the following color code:
Additions: Red
Deletions: Green
Comments Blue
Dimensions: Graphite
B. Maintain documents separate from those used for construction:
1. Label documents "RECORD DOCUMENTS."
C. Keep documents current:
1. Record required information at the time the material and equipment is installed and before permanently concealing.
D. Deliver record documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.
E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded.
5.0 GUARANTEE
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract, including all work and materials provided by subcontractors or manufacturers of packaged equipment components, will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Substantial Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. The Contractor shall execute and submit a completed Warranty Form prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable.
EXHIBIT 2
640
If a specific item (or items) of equipment or material cannot be utilized by the City at Substantial Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the City is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion.
In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor's guarantee on such items and work shall be extended for a period of one year from the date of installation of said replacement items, or the performance of said repair or replacement work.
Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the City, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor and its Surety. If, within ten (10) days, unless specified otherwise by the City, after the City gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the City may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor and its Surety. In the event of an emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs or adjustments may be made by the City, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor and its Surety.
The City and the Contractor agree that guarantee period on the parts of the work possessed and used by the City in accordance with Paragraph 00700-3.5, City's Right to Use or Occupy , shall commence on the date that the City takes possession of such work and so notifies the Contractor in writing. The City and Contractor further agree that such possession and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work.
Prior to the expiration of the guarantee period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items.
For the purpose of this Section, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. *** END OF SECTION ***
EXHIBIT 2
641
642
CONSTRUCTION CONTRACT
FOR THE
CEDAR RIDGE WATER SERVICE LATERAL REPLPACEMENT
PROJECT NO. UH21
006
Th
is c ontract is made and entered into on _____________, by and between WEST VA LLEY CONSTRUCTION COMPANY, INC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 603 CAMPBELL TECHN OLOGY PARKWAY , CAMPBELL, CA 95008, 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 C EDAR RIDGE WATER SERVICE LATERAL REPLACEMENT (PROJECT NO. UH21006 ), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, t he c ontract f or said work w as r egularly a warded t o CO NTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, T HEREFORE, i n consideration of t he pro mises and of t he mutual c ovenants her ein contained, the parties hereto expressly agree as follows:
CONTRACTOR ag
rees:
1. SCOPE OF SERVICES. To do the wor
k 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. T
o do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefor e 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 Municipal Utilities department of the City of Stockton.
Total compensation for services and reimbursement for costs shall not exceed $144,130.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONT
RACTOR 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, effective September 27, 2016.
It shall be a r
equirement 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 r
equirements 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 I
nsured 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.
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
643
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-in
sured 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 res
erves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to ex
ercise this right shall not constitute a waiver of right to exercise later.
CONTRACTO
R shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTO
R agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub- contractors to provide a valid certificate of 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 PL
ANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8- 1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016 - 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Direc
tor of Municipal Utilities department 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 DAY
S. 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 EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
644
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 FIVE HUNDRED AND NO/100 DOLLARS ($500) 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 fur
ther 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.
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 Municipal Utilities department, inability to get materials ordered by CONTRACTOR or subcontractor due to such cau ses provided that CONTRACTOR shall notify the Director of Municipal Utilities department 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 CONTRA
CTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities department 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. CONFORMA
NCE 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 progr am or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of
Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIM
INATION AND HARASSMENT POLICY
The City of S
tockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
645
this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STA
NDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder sh
all understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages 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
CONTRACT
OR 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 CONTR
ACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CO
NTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Calif ornia. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONT
RACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
646
rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. iv. The CONT
RACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL E
MPLOYMENT ORDINANCE
For contra
cts valued at $100,000 and above, 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. COMMUNIT
Y WORKFORCE TRAINING AGREEMENT
For contrac
ts valued at 1,000,000 and above, pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section
3.68.095 will be required of the Contractors/Employers working on the project. g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor Certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATI
ON. 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 Municipal Utilities department 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 Municipal Utilities department of such completion.
9. SECURITIES. Pur
suant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORD
ERS. 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 EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
647
EXHIBIT3
quantityofanyitemorportionofthework,asmaybedeemedbytheEngineertobenecessaryoradvisable andtorequiresuchextraworkasmaybedeterminedbytheEngineertoberequiredfortheproper compietionorconstructionofthewholeworkcontempiated.
Anysuchchangeswillbesetforthinacontractchangeorderwhichwillspecify,inadditiontothework doneinconnectionwiththechangemade,adjustmentofcontracttime,ifany,andthebasisof compensationforsuchwork.AcontractchangeorderwillnotbecomeeffectiveuntiiapprovedbytheCity Managerand/ortheCityCouncil.
ProcessingofchangeordersshallbeinaccordancewithSection4-1.05AoftheCityofStocktonStandard SpecificationsandPlansasadoptedbyCouncilonSeptember27,2016,byResolutionNo.2016-09—27- 1213,effectiveSeptember27,2016,orasothen/viseamendedbyCouncil.Whenthecompensationforan itemofworkissubjecttoadjustmentundertheprovisionsofStandardSpecificationsandPlans,Section4-
1.05A,CONTRACTORshall,uponrequest,promptlyfurnishtheEngineerwithadequatedetailedcostdata forsuchitemofwork.
11. AUDITS.CITYreservestherighttoperiodicallyauditallchargesmadebyCONTRACTOR toCITYforservicesunderthecontract.Uponrequest,CONTRACTORagreestofurnishCITY,ora designatedrepresentative,withnecessaryinformationandassistance.
CONTRACTORagreesthatCITYoritsdelegatewillhavetherighttoreview,obtainandcopyallrecords pertainingtoperformanceofthecontract.CONTRACTORagreestoprovideCITYoritsdelegatewithany relevantinformationrequestedandshallpermitCITYoritsdelegateaccesstoitspremises,upon reasonablenotice,duringnormalbusinesshoursforthepurposeofinterviewingemployeesandinspecting andcopyingsuchbooks,records,accounts,andothermaterialthatmayberelevanttoamatterunder investigationforthepurposeofdeterminingcompliancewiththisrequirement.CONTRACTORfurther agreestomaintainsuchrecordsforaperiodofthree(3)yearsafterfinalpaymentunderthecontract.
12. WAIVER.Itisexpresslyunderstoodandagreedbyandbetweenthepartiesheretothata waiverofanyoftheconditionsofthiscontractshallnotbeconsideredawaiverofanyoftheotherconditions thereof.
Itisfurtherunderstoodandagreedbyandbetweenthepartiesheretothattimeisoftheessenceofthis contractinallrespects.
INWITNESSWHEREOF,thepartiesheretohavehereuntoaffixedtheirhandsandsealsthedayandyear firstabovewritten.
APPROVEDASTOFORM&CONTENT:
LORIASUNCION
OFFICEOFTHECITYATTORNEY
By?)
WESTVALLEco TRuco ‘N
COMPANY,INC. M.JonathanRobb,Jr.
AssistantVicePresidentBy'
ASSISTANTCITYATTORNEY 94—14101427/11/25
TaxIdentificationNo.
Page6of32
ATTEST: CITY:
KATHERINEROLAND,CMC,CPMC
CITYCLERK
CITYOFSTOCKTON
By:
By: SteveColangelo
INTERIMCITYMANAGER
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
648
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
649
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
650
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
651
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 $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
5. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
652
REV 2024-03-25
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
653
REV 2024-03-25
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
654
REV 2024-03-25
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
655
REV 2024-03-25
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
656
EXHIBIT C
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
657
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
658
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
659
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
660
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
661
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
662
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
663
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
664
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
665
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
666
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
667
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
668
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
669
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
670
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN
BY THESE PRESENTS:
That we, WEST VALL EY CONSTRUCTION COMPANY , INC. , a STATE OF CALIFORNIA CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of and duly authoriz ed to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED FORTY-FOUR THOUSAND, ONE HUNDRED TH IRTY AND 00/100 DOLLARS ($144,130.00) , in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
CEDAR RIDGE
WATER SERVICE LATERAL REPLACEMENT
(PROJECT NO. UH21006)
NOW, THERE
FORE, 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.
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
671
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AN
D SEALED on
APPROVED AS T
O SURETY: By:
PRINCIPAL
SURETY
APPROVED
AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY -IN-FACT
By:
ASSISTANT CITY AT TORNEY
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
672
BOND FOR LABOR AND MATERIAL
KNOW ALL
MEN BY THESE PRESENTS:
That we, WEST VALLEY CONSTRUCTION COMPANY , INC., a (INDICATE STATUS: STATE OF CALIFORNIA CORPORATION, as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED FORTY-FOUR THOUSAND, ONE HUNDRED THIRTY AND 00/100 DOLLARS ($144,130.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:
CEDAR RI
DGE WATER SERVICE LATERAL REPLACEMENT
(PROJECT NO. UH21006)
NOW, T
HEREFORE, 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 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 EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
673
such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on .
APPROVED AS TO SURETY: By:
PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:
LORI ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
ATTORNEY-IN-FACT
By:
ASSISTANT CITY ATTORNEY
EXHIBIT 3
CEDAR RIDGE WATER SERVICE
LATERAL REPLACEMENT
674
City of Stockton
Legislation Text
File #: 25-0958, Version: 1
MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE
STRUCTURE/FUNCTION ROSTER
RECOMMENDATION
It is recommended that the City Council approve a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately.
Summary
Charter Article XI, Section 1102 states that the Mayor has the power and duty to appoint members to advisory boards and commissions. The Charter requires that such appointments be made with the advice and consent of the City Council.
Vice Mayor Lee has resigned from his position as Port Liaison and Mayor Fugazi will be assuming the role, it is deemed appropriate to change the assignment of Port Liaison.
City of Stockton Printed on 8/21/2025Page 1 of 1
powered by Legistar™
675
Resolution No.
STOCKTON CITY COUNCIL
==================================================================
RESOLUTION APPROVING A MAYORAL APPOINTMENTS TO COUNCIL
COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Mayoral Appointments to Council Committees and Committee Structure/Function Roster are hereby approved as set forth on Exhibit 1 attached hereto and incorporated by this reference.
PASSED, APPROVED and ADOPTED August 26, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
676
Council Appointments
Committee Position Appointee
Ad Hoc Committee on Homelessness Chair Michele Padilla
Vice-Chair Brando Villapudua
Member Mariela Ponce
Alternate Michael Blower
Audit Chair Jason Lee
Vice-Chair Michele Padilla
Member Michael Blower
Alternate Mario Enríquez
Budget Chair Christina Fugazi
Vice-Chair Jason Lee
Member Mariela Ponce
Alternate Michael Blower
Community Improvement and Crime Prevention Chair Michael Blower Vice-Chair Brando Villapudua
Member Mariela Ponce
Alternate Mario Enríquez
Charter Review Ad Hoc Chair Michele Padilla
Vice-Chair Mariela Ponce
Member Jason Lee
Alternate Mario Enríquez
Legislation/Environmental Chair Mario Enríquez
Vice-Chair Michele Padilla
Member Jason Lee
Alternate Michael Blower
Water Chair Brando Villapudua
Vice-Chair Michael Blower
Member Mario Enríquez
Alternate Mariela Ponce
EXHIBIT 1
677
California State University Stockton Center Site Authority Member Christina Fugazi Member Mario Enríquez
Member Michael Blower
Alternate Member Brando Villapudua
City-County Coordinating Committee Member Christina Fugazi Member Michele Padilla
City-County Port Liaison Member Christina Fugazi
City-County Transit District Liaison Member Michael Blower Member Brando Villapudua
City of Stockton and Lincoln Unified School District 2x2 Joint Committee Member Mario Enríquez Member Michael Blower
City of Stockton and Lodi Unified School District 2x2 Joint Committee Member Michele Padilla Member Mariela Ponce
City of Stockton and Manteca Unified School District 2x2 Joint Committee Member Jason Lee Member Christina Fugazi
City of Stockton and Port of Stockton 3x3 Joint Committee Member Christina Fugazi Member Jason Lee
Member Mario Enríquez
City of Stockton and Stockton Unified School District 3x3 Joint Committee Member Christina Fugazi Member Jason Lee
Member Michele Padilla
EXHIBIT 1
678
City Selection Committee Member Christina Fugazi
Alternate Michele Padilla
AVA Community Energy Authority Member Christina Fugazi
League of CA Cities Central Valley Division Executive Committee Member Michael Blower Alternate Member Mario Enríquez
League of CA Cities Legislative Liaison Member Mario Enríquez - Senator McNerney Member Jason Lee - Assembly Member Ransom
Eastern San Joaquin Groundwater Authority (GWA) Member Michael Blower Alternate Member Brando Villapudua
2nd Alternate MUD Director or Designee
San Joaquin Area Flood Control Agency (SJAFCA) Chair Brando Villapudua Member Michael Blower
Alternate Member Mariela Ponce
San Joaquin Council of Governments Board (SJCOG) Member Christina Fugazi Member Mario Enríquez
Member Mariela Ponce
Alternate Member Michele Padilla
San Joaquin County Advisory Water Commission Member Michael Blower Alternate Member Brando Villapudua
San Joaquin Area Flood Control and Water Conservation District Member Brando Villapudua Member Michael Blower
Member MUD Director or Designee
San Joaquin Partnership Board of Directors Member Christina Fugazi Stockton Convention and Visitors Bureau (SCVB) Ex Officio Member Michael Blower Stockton Parks & Recreation Commission Member Michelle Padilla EXHIBIT 1
Alternate Member Michael Blower
679
Tri-Valley - San Joaquin Valley Regional Rail Authority Member Christina Fugazi Local Area Formation Commission (LAFCO) Member Christina Fugazi EXHIBIT 1
680
City of Stockton
Legislation Text
File #: 25-0920, Version: 1
APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE INFLUENCE SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $500,000
RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Authorize the City Manager, or designee, to accept a Driving Under the Influence Selective Traffic Enforcement Program grant award from the State of California Office of Traffic Safety in the amount of $500,000;
2. Authorize the City Manager, or designee, to execute Grant Agreement PT26231 and all related documents to carry out the purpose and intent of the grant award;
3. Amend the Fiscal Year 2025-26 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $500,000; and
4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Stockton Police Department (SPD) seeks Council approval to accept grant funding from the Office of Traffic Safety (OTS) for a Driving Under the Influence (DUI) Selective Traffic Enforcement Program (STEP) grant award, for the period of October 1, 2025, through September 30, 2026. The STEP grant provides funding for SPD overtime, training, equipment, supplies, and related expenses to support reducing alcohol-involved accidents resulting in fatalities and injuries as well as other types of distracted driving. Enforcement operations include night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety and raising general public awareness regarding the problems associated with drinking and driving, as well as raising awareness in areas with high numbers of bicycle and pedestrian crashes. Funding for this program is provided by a grant from the OTS, through the National Highway Traffic Safety Administration.
DISCUSSION
Background
The SPD has received OTS grant program funding for multiple consecutive years and most recently received a $500,000 OTS grant in Fiscal Year (FY) 2025-26 through the STEP grant for DUI-related missions. In January 2025, the SPD submitted a Memorandum Proposal to the OTS requesting City of Stockton Printed on 8/21/2025Page 1 of 2
powered by Legistar™
681
File #: 25-0920, Version: 1
consideration to continue participation in the DUI STEP Grant program. The SPD’s proposal included “best practice” strategies to be conducted on an overtime basis to help reduce the number of individuals killed or injured in alcohol-involved crashes as well as other types of distracted driving.
Those “best practices” include, but are not limited to, DUI checkpoints, DUI saturation patrols, traffic enforcement, street racing and sideshow enforcement, distracted driving operations, motorcycle safety enforcement, and warrant service operations.
Under the DUI STEP grant, these missions would be conducted by the SPD during the Winter Holiday Mobilization period, which is December through January; Memorial Day weekend; Independence Day weekend/period; and during the Summer Mobilization period, which is mid-August through the Labor Day Holiday; as well as any special dates, county fairs, festivals, and other community events.
Present Situation
In August 2025, SPD received notification from OTS indicating the proposal was accepted for funding in FY 2025-26 in the amount of $500,000. Grant funds will be used to pay for overtime staffing costs for the DUI enforcement activities, printed materials, and miscellaneous checkpoint supplies.
Therefore, staff recommends approval of Grant Agreement PT26231 in the amount of $500,000 (Exhibit 1 to the Proposed Resolution).
FINANCIAL SUMMARY
The SPD’s Traffic Section will be responsible for coordinating operations of the grant program. The grant program does not require matching funds. Revenue and expenditures will require an increase in appropriation to the FY 2025-26 Police Special Grants Fund Budget:
· Revenue appropriation of $500,000 to the 2026 OTS/DUI STEP Grant in the Police’s Special Grants Fund - Reimbursement, Traffic Division.
· Expenditure appropriation of $500,000 to the 2026 OTS/DUI STEP Grant in the Police’s Special Grants Fund - Reimbursement, Traffic Division.
City of Stockton Printed on 8/21/2025Page 2 of 2
powered by Legistar™
682
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION ACCEPTING GRANT FUNDING, IN THE AMOUNT OF $500,000, FROM
THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A DUI SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FOR THE PERIOD OCTOBER 1, 2025 THROUGH SEPTEMBER 30, 2026, AND AMENDING THE FISCAL YEAR 2025-26
ANNUAL BUDGET
In January 20 25, the Stockton Police Department submitted a Memorandum Proposal to the State of California Office of Traffic Safety requesting consideration to participate in t he Driving Under the Influence (DUI) Selective Traffic Enforcement Program Grant (STEP); and
The Program is administered by the Office of Traffic Safety and funding is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration; and
The Stockton Police Department’s proposal included “best practice” strategies to be conducted on an overtime basis to help reduce the number of individuals killed or injured in alcohol-involved crashes and other types of distracted driving; and
Under the DUI STEP Grant, missions would be conducted by the Stockton Police Department during the Winter Holiday Mobilization period, which is December through January; Memorial Day Weekend ; Independence Day Weekend/Period ; Summer Mobilization period, which is mid-August through the Labor Day Holiday; and any special dates, County fairs, festivals, and other community events; and
In August 202 5, the Stockton Police Department received notif ication from the State of California Office of Traffic Safety indicating that its proposal was accepted for funding in the amount of $500,000; and
A Grant Agreement (PT26231), attached as Exhibit 1, details how grant funds will be used to pay for DUI enforcement overtime, training, and miscellaneous materials and supplies; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager , or designee, is authorized to accept the State of California Office of Traffic Safety grant award in the amount of $ 500,000 for the period October 1, 2025, through September 30, 2026, and make all necessary appropriations in compliance with and for the purposes stated in the grant application.
2. The City Manager, or designee, is authorized to execute Grant Agreement PT26231 and all related documents to carry out the purpose and intent of the grant award.
683
3. The Fiscal Year 2025-26 Annual Budget is amended to appropriate $500,000 in revenues and expenditures for the Police Grants and Special Programs accounts as needed to carry out the purpose and intent of this Resolution.
4. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 26, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
684
8/13/2025 1:52:28 PM Page 1 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26231
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Stockton From:
To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Stockton Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $500,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Christopher Martin
Sergeant
[email protected]
209-937-7241
22 E. Market Street
Stockton, CA 95202
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Will Crew
Acting City Manager
[email protected]
(209) 937-8212
22 East Market Street
Stockton, CA 95202
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeanetta McDonald
Police Services Administrator
[email protected]
(209) 937-8517
22 E. Market Street
Stockton, CA 95202
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
EXHIBIT 1
685
8/13/2025 1:52:28 PM Page 2 of 19
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $500,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$500,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $500,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
PA7CNMQGK1Y5
22 E Weber Ave
Stockton
95202-2305
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
EXHIBIT 1
686
8/13/2025 1:52:28 PM Page 3 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT26231
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Stockton is a vibrant city with a diverse population and a dynamic cultural landscape. Home to the University of the Pacific and San Joaquin Delta College, Stockton welcomes a student population of approximately 30,000 annually. This adds to the city’s 319,000 residents, creating a lively and youthful environment, with an average age of 33 years according to the U.S. Census Bureau.
The city boasts a lively nightlife scene, featuring approximately 230 bars, and is home to several prominent venues that attract significant crowds. The Adventist Health Arena, with a capacity of up to 10,000 attendees, hosts large-scale events ranging from concerts to sports. Banner Island Baseball Park serves as a professional baseball venue, while the historic Bob Hope Theater and the San Joaquin County Fairgrounds draw visitors from across Northern California for performances, exhibitions, and festivals.
Despite its attractions, Stockton faces public safety challenges, particularly related to DUI incidents. Events at these popular venues often include alcohol sales, contributing to increased DUI occurrences in the city.
Addressing this issue requires ongoing and coordinated interventions to ensure the safety of both residents and visitors.
The blend of educational institutions, entertainment options, and community events makes Stockton a dynamic place to live and visit, while highlighting the need for proactive public safety measures.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
The City of Stockton is facing a concerning 30 percent increase in traffic-related fatalities from 2023 (25 fatal crashes) to 2024 (32 fatal crashes), with a significant portion—45 percent—of these fatalities involving pedestrians or bicyclists. This trend highlights the vulnerability of pedestrians and underscores the need for improved safety measures and awareness. Compounding this issue are language and cultural barriers, which often create challenges in understanding vehicle codes and traffic laws, leaving some community members ill-informed about safe driving practices and legal requirements.
Additionally, there are a notable number of traffic crashes (5399) and DUI arrests (337) involving unlicensed and restricted drivers, further contributing to the city's traffic safety concerns. Reckless driving activity is another pressing issue, as it has a direct correlation to injury crashes, placing both drivers and pedestrians at increased risk. Addressing these problems requires targeted efforts to enhance education, and enforcement to improve road safety and reduce preventable crashes.
Define the target population the grant intends to serve and how they are affected by the problem(s).
A traffic grant will have a broad and positive impact on the entire community by enhancing overall road safety, reducing traffic-related fatalities, and promoting compliance with traffic laws. This funding will support targeted enforcement, public education campaigns, and community outreach programs, which will address key issues such as reckless driving, DUI offenses, and violations committed by unlicensed or restricted drivers. By improving awareness and adherence to traffic laws, the grant will create safer streets for all road users.
The grant’s impact will be particularly significant for pedestrians and bicyclists, who accounted for 45 percent of the fatalities in our city. With focused efforts to increase pedestrian and bicycle safety, such as the recently developed Pedestrian Awareness through Communication and Education (P.A.C.E) program, the grant will directly address the vulnerabilities faced by these groups.
EXHIBIT 1
687
8/13/2025 1:52:28 PM Page 4 of 19
In 2024, our community experienced a 30 percent increase in traffic fatalities, totaling 32 deaths. Alarmingly, 45 percent of these fatal crashes in 2024 involved pedestrians or bicyclists. In response to this crisis, we are seeking funding to support the implementation of a recently developed program called Pedestrian Awareness through Communication and Education (P.A.C.E.).
The P.A.C.E. program has been specifically designed to address the rising trend of traffic-related fatalities and promote pedestrian and bicyclist safety through targeted education and awareness efforts. The program includes the development of educational pamphlets aimed at vulnerable populations, with a focus on emphasizing the importance of visibility and situational awareness for personal safety. These pamphlets will be distributed through shelters, outreach events, and public spaces to ensure accessibility. Additionally, public education campaigns will be conducted to raise awareness about pedestrian and bicyclist safety. This effort will include advertisements and collaboration with County Mental and Behavioral Health to extend outreach and support networks.
The program also incorporates traffic safety missions. The communication and collaborative engagement funds will cover overtime costs for two police officers and a sergeant, who will work a total of twenty-four, four-hour missions annually. This funding will allow us to conduct two four-hour missions each month, ensuring consistent and effective engagement on traffic safety. The staffing provided by this funding will also address officer safety concerns, particularly when interacting with individuals experiencing mental health and substance abuse challenges.
We firmly believe that the P.A.C.E. program will play a critical role in reducing pedestrian and bicyclist crashes, ultimately saving lives in our community. Thank you for considering this funding request. We welcome the opportunity to discuss this initiative further and provide any additional information needed.
Educational programs tailored to non-English speakers will help overcome language and cultural barriers, ensuring that all residents understand traffic laws and safety practices. Additionally, enforcement of speeding and reckless driving laws near schools, parks, and residential areas will provide an extra layer of protection for those walking and biking.
By prioritizing pedestrian and bicyclist safety, the grant will help reduce fatality and injury crashes, while fostering a culture of shared responsibility and awareness. This approach not only protects the most at-risk members of the community but also improves quality of life for everyone by creating safer and more accessible streets.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
EXHIBIT 1
688
8/13/2025 1:52:28 PM Page 5 of 19
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 15 5. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 6. Send law enforcement personnel to SFST Instructor training. 2
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
7 8. Conduct DUI Saturation Patrol operation(s). 39
9. Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked. 2 10. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
4 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
20 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Conduct Know Your Limit campaigns with an effort to reach members of the community.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 1
16. Participate in highly visible collaborative Traffic Enforcement operations. 2
17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 18. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
12 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) EXHIBIT 1
689
8/13/2025 1:52:28 PM Page 6 of 19
The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter. Purchase all grant related supplies and materials to implement the program, in the first quarter. Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, EXHIBIT 1
690
8/13/2025 1:52:28 PM Page 7 of 19
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
EXHIBIT 1
691
8/13/2025 1:52:28 PM Page 8 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26231
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$320,000.00
402PT-26 20.600 State and Community Highway
Safety
$100,000.00
405e DDA-26 20.616 Distracted Driving Awareness $47,500.00 1906-26 20.611 Racial Profiling Prohibition Grants $32,500.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $9,700.00 7 $67,900.00
DUI Saturation Patrols 164AL-26 $4,300.00 39 $167,700.00 Warrant Service Operations 164AL-26 $4,000.00 4 $16,000.00 Court Stings 164AL-26 $7,500.00 2 $15,000.00
Know Your Limit 164AL-26 $4,000.00 2 $8,000.00
Collaborative DUI Enforcement 164AL-26 $4,000.00 1 $4,000.00 Benefits for 164AL OT @ 11.23% 164AL-26 $278,600.00 1 $31,287.00 Traffic Enforcement 402PT-26 $4,000.00 20 $80,000.00
Collaborative Traffic Enforcement 402PT-26 $3,000.00 2 $6,000.00 Benefits for 402PT OT @ 11.23% 402PT-26 $86,000.00 2 $9,658.00 Distracted Driving Enforcement 405e DDA-
26 $4,270.40 10 $42,704.00
Benefits for 405e OT @ 11.23% 405e DDA-
26 $42,704.00 1 $4,796.00
Community Collaboration Engagement 1906-26 $2,434.90 12 $29,219.00 Benefits for 1906 OT @ 11.23% 1906-26 $29,219.00 1 $3,281.00 Category Sub-Total $485,545.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $4,342.00 1 $4,342.00
$0.00
Category Sub-Total $4,342.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,113.00 1 $2,113.00
Portable Light Tower 164AL-26 $4,000.00 2 $8,000.00
Category Sub-Total $10,113.00
EXHIBIT 1
692
8/13/2025 1:52:28 PM Page 9 of 19
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $500,000.00
EXHIBIT 1
693
8/13/2025 1:52:28 PM Page 10 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26231
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.
Court Stings - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 11.23% - Unemployment = .1%
Workers Comp = 9.68%
Medicare = 1.45%
Total = 11.23
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT OT @ 11.23% - Unemployment = .1%
Workers Comp = 9.68%
Medicare = 1.45%
Total = 11.23
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Benefits for 405e OT @ 11.23% - Unemployment = .1%
Workers Comp = 9.68%
Medicare = 1.45%
Total = 11.23
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.
Benefits for 1906 OT @ 11.23% - Unemployment = .1%
Workers Comp = 9.68%
Medicare = 1.45%
Total = 11.23
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by EXHIBIT 1
694
8/13/2025 1:52:28 PM Page 11 of 19
OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator, battery, cart, and accessories.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
EXHIBIT 1
695
8/13/2025 1:52:28 PM Page 12 of 19
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26231
EXHIBIT 1
696
8/13/2025 1:52:28 PM Page 13 of 19
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure 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 otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the EXHIBIT 1
697
8/13/2025 1:52:28 PM Page 14 of 19
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or EXHIBIT 1
698
8/13/2025 1:52:28 PM Page 15 of 19
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
EXHIBIT 1
699
8/13/2025 1:52:28 PM Page 16 of 19
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and EXHIBIT 1
700
8/13/2025 1:52:28 PM Page 17 of 19
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of EXHIBIT 1
701
8/13/2025 1:52:28 PM Page 18 of 19
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
EXHIBIT 1
702
8/13/2025 1:52:28 PM Page 19 of 19
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
EXHIBIT 1
703
City of Stockton
Legislation Text
File #: 25-0872, Version: 1
ADOPT RESOLUTION TO APPROPRIATE AND AWARD A PROFESSIONAL SERVICES
CONTRACT FOR THE LOWER SACRAMENTO ROAD WIDENING AND BRIDGE
REPLACEMENTS PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $1,000,000 from the Public Facilities Fees Regional Transportation Impact Fee Fund Balance to the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Award a Professional Services Contract to Mark Thomas & Company, Inc. of Sacramento, CA, in the amount of $4,335,231.44, for professional engineering services for the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007.
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 Lower Sacramento Road corridor is a major north-south arterial that serves as a primary connection to Lodi, CA. In 2017, San Joaquin County completed the widening of Lower Sacramento Road from Pixley Slough north to Lodi. On August 20, 2024, City Council also approved an Underground Utility District for the project. Staff is now ready to start design and environmental work for the Lower Sacramento Widening and Bridge Replacements project. The project will widen the existing roadway from two lanes to four lanes. The limits of the project are between Royal Oaks Drive and Pixley Slough just north of Eight Mile Road (Attachment A). The project also includes the reconstruction of the bridges over Pixley Slough and Bear Creek, and the box culvert in Wine Draw Slough located just south of Eight Mile Road. The project was included in the 2019-24 Five-Year Capital Improvement Plan (CIP).
On April 10, 2024, the City advertised a Request for Proposals (RFP) for preparation of a Precise Road Plan (PRP), environmental documents, and final design of the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007. On May 29, 2024, one firm submitted a proposal for this project. The Selection Committee evaluated the proposal and found Mark Thomas & Company, Inc. of Sacramento, CA, to be qualified for this project. Mark Thomas & Company, Inc. has the previous environmental and design history for the bridges in and around the Lower Sacramento City of Stockton Printed on 8/21/2025Page 1 of 4
powered by Legistar™
704
File #: 25-0872, Version: 1
Corridor. Mark Thomas & Company, Inc.’s fee includes utilizing as much of this previous environmental, permitting, and design work as possible on the bridges for the current Lower Sacramento Road Corridor project.
It is recommended that Council adopt a resolution appropriating funds and authorizing the City Manager to execute a Professional Services Contract in the amount of $4,335,231.44 with Mark Thomas & Company, Inc. for professional engineering services. It is anticipated that the PRP, environmental documents, and final design will be completed by winter 2027. The PRP and final design will be used to acquire State and/or federal funding for construction of the project.
DISCUSSION
Background
The Lower Sacramento Road corridor is a major north-south arterial that serves as a primary connection between Stockton and Lodi. Due to its regional significance, Lower Sacramento Road was included in the San Joaquin Council of Governments (SJCOG) Measure K Strategic Plan for potential funding. In the early 2000s, Stockton completed the North Stockton Union Pacific Railroad (UPRR) Grade Separation Feasibility Study. This Study provided concept designs and estimates for the Eight Mile Road/UPRR overpasses, as well as the underpass and bridges located along Lower Sacramento Road between Royal Oaks Drive and Eight Mile Road. Funding was eventually obtained for the design and construction of the overpasses along Eight Mile Road and the underpass along Lower Sacramento Road, which were constructed in 2014. The widening of the Lower Sacramento Road Corridor would be pursued at a later date when required or when funding was available.
The widening of Lower Sacramento Road crosses San Joaquin County and City jurisdictions.
However, the City, San Joaquin County, and SJCOG mutually agreed many years ago that San Joaquin County would take the lead in widening Lower Sacramento Road north of Pixley Slough to Lodi, and the City of Stockton would take the lead on widening Lower Sacramento Road from Pixley Slough (including the Pixley Slough Bridge) south to Royal Oaks Drive.
The widening of Lower Sacramento Road south of Pixley Slough would be dependent on funding, land development, and/or traffic operational demands. City staff started researching funding opportunities to start the project design phase in early 2020. In September 2020, staff secured $4,000,000 in funding from the SJCOG Measure K program to be used for design and environmental work on the project. However, the project was put on hold due to overall workload volume.
On August 20, 2024, by Resolution No. 2024-08-20-1601, Council approved the establishment of an Underground Utility District along Lower Sacramento Road from Bear Creek to Pixley Slough. Staff will coordinate the undergrounding with Pacific Gas & Electric Company in coordination with the widening of Lower Sacramento Road.
Staff is now ready to start design and environmental work for the Lower Sacramento Widening and Bridge Replacements project. The project will widen the existing roadway from two lanes to four lanes. The limits of the project are between Royal Oaks Drive and Pixley Slough just north of Eight Mile Road (Attachment A). The project also includes the reconstruction of the bridges over Pixley Slough and Bear Creek, and the box culvert in Winedraw Slough located just south of Eight Mile City of Stockton Printed on 8/21/2025Page 2 of 4
powered by Legistar™
705
File #: 25-0872, Version: 1
Road. The project was included in the 2019-24 Five-Year CIP.
Present Situation
On April 10, 2024, the City advertised an RFP for preparation of a PRP, environmental documents, and final design of the Lower Sacramento Road Widening and Bridge Replacements, Project No.
WT19007. On May 29, 2024, one proposal was received from Mark Thomas & Company, Inc. of Sacramento, CA.
The Selection Committee evaluated the proposal based on the firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, presentation/interview performance, project approach, cost proposal, and local preference. Staff determined Mark Thomas & Company, Inc. to be qualified for this project. Staff negotiated a fee of $4,335,231.44 with Mark Thomas & Company, Inc. for professional engineering services. This is a reasonable fee for a project of this size and complexity. In addition, Mark Thomas & Company, Inc. has the previous environmental and design history for the bridges in and around the Lower Sacramento Corridor.
Mark Thomas & Company, Inc.’s fee includes utilizing as much of the previous environmental, permitting, and design work as possible on the bridges for the current Lower Sacramento Road Corridor project.
It is recommended that Council adopt a resolution appropriating funds and authorizing the City Manager to execute a Professional Services Contract to Mark Thomas & Company, Inc. in the amount of $4,335,231.44 for professional engineering services for the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007.
The City was originally meant to take the lead and fund the project including the Pixley Slough Bridge, even though it is located in San Joaquin County. This was the understanding when it was expected that the City would develop north of Eight Mile Road. Circumstances have changed over the years, and the City’s sphere of influence no longer extends north of Eight Mile Road. Therefore, City staff have reached out to County staff to revisit the previous arrangement and seek fair share funding for project elements within County jurisdiction. This may result in City staff returning to Council for approval of a City/San Joaquin County Agreement for their proportionate share of the cost for the planning, design, and construction phases of the project. It is anticipated that the PRP, environmental documents, and final design will be completed by winter 2027. The PRP and final design will be used to acquire State and/or federal funding for construction of the project.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff available to prepare the PRP, environmental documents, and final design for this project.
2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
City of Stockton Printed on 8/21/2025Page 3 of 4
powered by Legistar™
706
File #: 25-0872, Version: 1
3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
With the appropriation of funds in the amount of $1,000,000 from the Public Facilities Fees Regional Transportation Impact Fee Fund Balance to the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007, there will be sufficient funding to award a Professional Services Contract in the amount of $4,335,231.44 to Mark Thomas & Company, 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 actions.
Attachment A - Vicinity Map
City of Stockton Printed on 8/21/2025Page 4 of 4
powered by Legistar™
707
708
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROPRIATING FUNDING AND AWARDING A PROFESSIONAL
SERVICES CONTRACT FOR THE LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007
On April 10, 2024, the City advertised a R equest for Proposals for preparation of a Precise Road Plan ( PRP), environmental documents, and final design of the Lower Sacramento Road Widening and Bridge Replacements, Project No. WT19007 . One proposal was received; and
The project will widen the existing roadway from two lanes to four lanes. The limits of the project are between Royal Oaks Drive and Pixley Slough just north of Eight Mile Road. The project also includes the reconstruction of the bridges over Pixley Slough and Bear Creek, and the box culvert in Wine Draw Slough located just south of Eight Mile Road; and
Mark Thomas & Company, Inc. was determined to be qualified for this project. Staff negotiated a fee in the amount of $4,335,231.44 with Mark Thomas & Company, Inc. for professional engineering services; and
Appropriation of funds is needed to fund all remaining costs to complete the design services and staff costs; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the appropriation of funds in the amount of $1,000,000.00 from the Public Facilities Fees Regional Transportation Impact Fee Fund Balance to the Lower Sacramento Road Widening and Bridge Replacements , Project No. WT19007.
2. The City Council approves findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exception to the competitive bidding process.
These findings include:
a. The City does not have sufficient staff available to prepare the PRP, environmental documents, and final design for this project.
b. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the 709
criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
c. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
3. The City Council awards a Professional Services Contract between the City of Stockton and Mark Thomas & Company, Inc., in the amount of $4,335,231.44, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 26, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
710
EXHIBIT 1
711
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 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 December 31, 2028, 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-rights- act-of-1964
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
EXHIBIT 1
712
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= 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 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
EXHIBIT 1
713
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 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.
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
EXHIBIT 1
714
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
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
EXHIBIT 1
715
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer- employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: To City:
Mark Thomas and Company, Inc. Public Works Director
701 University Avenue City of Stockton
Suite 200 22 E. Weber Ave., Rm. 301
Sacramento, CA 95825 Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books,
EXHIBIT 1
716
Professional Services Contract – MARK THOMAS AND COMPANY, INC. LOWER SACRAMENTO ROAD WIDENING AND BRIDGE REPLACEMENTS, PROJECT NO. WT19007 (Updated 03/05/2024 records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION . The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation 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.
EXHIBIT 1
717
EXHIBIT 1
718
Lower Sacramento Road Widening - Scope of Work
City of Stockton
SCOPE OF WORK
TASK 1. BACKGROUND RESEARCH
The Mark Thomas team's technical approach for collecting data to prepare the various technical studies required for the Lower Sacramento Road widening and bridge replacement project involves the following tasks:
Task 1.1. Data Gathering
The Mark Thomas team shall research and review documents pertinent to existing topographic mapping, photos, right of way maps, “as-built” plans, record maps, surveys, assessor maps, local street improvement plans, collision reports, sight distance, approach speeds, total pedestrians and vehicle volumes, public transit routes, truck volumes, grade, need of advance warning signs and flashers, bridge plans, soils and foundation reports and other geometrical and operational characteristics for the project.
We will reach out and coordinate getting as much of the noted above materials as possible from City staff.
Transportation Impact Analysis Data Gathering
Transportation Data Collection
Fehr & Peers will lead the following data collection efforts to support the transportation impact analyses to be prepared for this project (NOTE: The following items in red italicize font are being done via a Purchase Order and are not part of this Scope of Work)
Coordination with San Joaquin Regional Transit District (RTD) staff to obtain existing ridership data for routes that traverse the study corridor.
Exhibit A
EXHIBIT 1
719
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Request signal timing plans from City for signalized study intersections.
Obtain injury collision data for the study corridor for the latest available five-year period from the Statewide Integrated Traffic Records System (SWITRS) and the UC Berkeley SafeTREC Transportation Injury Mapping System (TIMS) databases. Fehr & Peers will review the locations of each collision along with the primary collision factors and type of vehicle involved in the collisions.
Street & Intersection Capacity Analysis
Fehr & Peers will analyze AM, PM, and Daily volume-to-capacity ratios at up to four (4) study roadway segments using the Highway Capacity Manual (HCM) 6th Edition (Transportation Research Board, 2016). Fehr & Peers will analyze level of service (LOS) at up to seven (7) study intersections for weekday AM and PM peak hours using procedures described in the HCM. HCM procedures will be applied using the Synchro/SimTraffic version 11 micro- simulation software application. The SimTraffic simulations will be calibrated to the observed intersection volumes (i.e., percent demand served) and observed maximum queues.
Peak hour traffic volumes will also be used to evaluate whether any of the unsignalized study intersections meet the peak hour signal warrant based on the methodology provided in the California Manual of Uniform Traffic Control Devices (2014).
Collision Analysis
Fehr & Peers will analyze the SWITRS and TIMS collision data to identify collision patterns and trends. They will prepare heat maps showing concentration of collisions and identify bicycle-pedestrian collisions, and locations with a high frequency of severe injury collisions. Countermeasures from the FHWA countermeasure toolbox will be identified for high frequency collision locations.
Level of Traffic Stress
Fehr & Peers will evaluate existing active transportation facilities and the corresponding Level of Traffic Stress (LTS) along Lower Sacramento Road between Pixley Slough and Royal Oaks Road, taking into consideration number of lanes, design speed, and separation from the roadway.
Task 1.2. Existing Plan Review
The Mark Thomas team will review and be familiar with the City of Stockton's Bicycle Master Plan, 2040 City General Plan, Local Road Safety Plan / Systemic Safety Analysis Report, Transportation Impact Analysis Guidelines, and other adopted development plans including outside agency plans such as San Joaquin County adopted plans. The design team will work with the City and the County to obtain and document all available record documents as well as all draft PRP documents available from the Eight Mile Road PRP project.
Task 1.3. Documentation of Existing Conditions
Appropriate members of the Mark Thomas team shall visit the project site to conduct a field reconnaissance of the project area. We will l also verify the location and type of existing improvements, equipment, bus zone locations, posted speed limit, bus route movements, truck routes, and underground utilities.
LSA staff will visit the site to familiarize themselves with the project area and will be available to participate in an in- person start-up meeting to initiate the project. As part of this task, once federal funding is secured, LSA will reach out to Caltrans to confirm the scope and format for the NEPA document. Following consultation with Caltrans, we will discuss with City staff any required revisions to our scope and fee due to Caltrans' requirements that were not anticipated at the time we prepared our Scope of Work.
Exhibit A
EXHIBIT 1
720
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Existing Transportation Conditions Memo
Fehr & Peers will prepare an Existing Transportation Conditions Memo that describes the data collection effort and documents the analysis assumptions, methodologies, and findings. The memo will describe the existing environmental setting related to transportation conditions. This will include a discussion of the roadway, bicycle, pedestrian, and transit systems along the study corridor. Fehr & Peers will also describe federal, state, regional, and local transportation-related policies and plans that may be applicable to the project.
Fehr & Peers will prepare an Administrative Draft for review by the Mark Thomas team prior to submitting a Draft to the City for review. Fehr & Peers will submit the Administrative Draft Memo within eight (8) weeks of receiving the roadway and intersection count data. The memo will include the following illustrations:
One illustration in pdf format showing existing street network classification One illustration in pdf format showing existing bicycle and pedestrian facilities One illustration in pdf format showing existing transit facilities and routes One illustration in pdf format showing existing roadway facilities with AM/PM peak hour, Average Daily Traffic volumes, and 85th percentile vehicle speeds at up to four (4) study segments One illustration in pdf format showing Weekday AM/PM Peak Hour Traffic Counts at up to seven (7) study intersections
One illustration in pdf format showing collision analysis heat maps for the plan area Fehr & Peers will review and respond to one round of consolidated comments on the Administrative Draft in addition to one round of City comments on the Draft before finalizing the memo. Fehr & Peers budgeted 16 hours to respond to two rounds of comments. If comments require additional analysis, study intersections, or data collection, a scope and fee amendment will be necessary to accommodate the additional data collection and analysis efforts.
TASK 1 DELIVERABLES
Existing Conditions Memo (F&P) (PDF)
Aerial base map with contours and planimetric data in CADD Civil 3D 2022 or newer Topographic base map with 1’ contour intervals
TASK 2. PERMITTING/ENVIRONMENTAL SERVICES
The City anticipates federalizing the Project and therefore California Environmental Quality Act (CEQA) and National Environmental Quality Act (NEPA) compliance is required through Caltrans District 10 Office of Local Assistance.
This process may require a full Environmental Impact Report/Environmental Assessment (EIR/EA) for CEQA and NEPA compliance.
The Mark Thomas team will be responsible for printing, mailing, delivering, and distributing to the appropriate Agencies and Stakeholders of all related documents in order to obtain environmental clearance.
The Mark Thomas team will be responsible for identifying all required permits and completing all necessary paperwork to obtain them.
Per our discussion with City staff, staff will take the lead with project compliance with the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan (SJMSCP) as provided by the San Joaquin Council of Governments Exhibit A
EXHIBIT 1
721
Lower Sacramento Road Widening - Scope of Work
City of Stockton
(SJCOG). Accordingly, the Mark Thomas team will have little to no involvement with the preparation and processing of the SJMSCP documents.
We will also be responsible for project compliance with the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) as provided by the San Joaquin Council of Governments (SJCOG). The City will be responsible for paying any permit fees required.
LSA will prepare a project description that details the purpose, phasing and physical elements of the proposed project.
This information will include a detailed description of the project’s technical and environmental characteristics, project background, operational characteristics, implementation schedule, required permits, construction details, and all other relevant information. Illustrative figures of the existing site conditions, including a site location map, aerial photographs of surrounding land uses, and project site photos will be included. The design for bridge replacements, culvert reconstruction, roadway design, and other relevant project plans will also be included. LSA will work closely with the City to ensure that the project description provides a level of detail appropriate for the Addendum and EA.
A draft of the project description will be submitted to the City for review (we have assumed one set of consolidated comments from the City) and acceptance prior to initiation of the impact analysis. An electronic version (in Microsoft Word and Adobe PDF formats) of the Administrative Draft and Final Draft Project Description will be provided.
Task 2.1. Preliminary Environmental Study (PES) Form
LSA will prepare the PES for the proposed project based on the Caltrans Local Assistance Procedures Manual PES Template (January 2023), or the most up-to-date version at project start. The PES, once completed, will be used to determine the appropriate environmental technical studies to be completed to clear NEPA. LSA will submit a Word and PDF version of the administrative draft PES and will respond to one set of comprehensive comments on the PES from the City and Caltrans. Based on the project type at this time we are anticipating technical studies to support a NEPA EA.
Task 2.2. NEPA Technical Studies
LSA proposes to conduct the following technical studies/technical analysis based on our current understanding of the project. The technical studies will be based on the project description , approved PES , and design provided by the Mark Thomas team for one preferred project alternative. LSA will begin preparation of the technical studies following receipt of these project materials and confirmation by City staff that neither the project description nor the design will change significantly enough to require revisions to the technical reports. In addition, LSA has scoped their level of effort for mapping/analysis on receipt of the project design in AutoCAD (i.e., .dwg) format and projected into a real-world coordinate system (e.g., State Plane) for efficient integration into geographic information system (GIS) software. Air Quality, Greenhouse Gas, and Energy Analyses
LSA will prepare Air Quality, Greenhouse Gas (GHG), and Energy analyses that evaluate the impacts from the project and produce an Air Quality Report (with GHG), Air Quality Conformity Checklist, Air Quality Conformity Report, and Energy Memorandum to document the results. These reports will conform to the latest Caltrans Standard Environmental Reference (SER) templates. The San Joaquin Valley Air Pollution Control District (SJVAPCD) administers air quality in the project site area. The analyses will be consistent with all applicable procedures and requirements of the City, SJVAPCD, Caltrans, and CEQA. LSA will conduct the following tasks to complete this scope of work.
Air Quality and Greenhouse Gas Emissions Impacts Analysis The Air Quality Report (with GHG) will be prepared in accordance with the following protocols/guidelines: Caltrans Transportation Project-Level Carbon Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for Quantitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in NEPA Documents (mobile source air toxics [MSAT]), and Caltrans' policy on GHG emissions.
Exhibit A
EXHIBIT 1
722
Lower Sacramento Road Widening - Scope of Work
City of Stockton
The Air Quality Report will identify existing air quality conditions and potential air quality and GHG emissions impacts resulting from the proposed project, by undertaking the following subtasks:
Describe the existing regulatory framework - The existing regulatory framework for air quality and GHG emissions, including existing laws and regulations and the roles of the local agencies including the California Air Resources Board, the SJVAPCD, Caltrans, and the City will be described.
Assess project construction- and operation-period air quality impacts - LSA will assess air quality and GHG emission impacts during construction using the Caltrans CAL-CET2020 roadway construction model, or another appropriate model as directed by Caltrans commensurate with available project specific information. The modeling will include factors such as site preparation, grading, roadwork, the construction equipment used and the length of time for a specific construction task. Once construction completes, the project would support car and truck trips on the improved roadway. If traffic data is available that shows changes that occur as a result of the proposed project, operational emissions showing the net change in pollutant and GHG emissions will be assessed using the CT- EMFAC2021 model or another appropriate model as directed by Caltrans. It is assumed the air pollutant and GHG emissions will be modeled for the following conditions at a minimum: “existing”, “existing plus project”, “forecast”, and “forecast plus project”.
The Air Quality Report will also analyze and discuss the presence/absence of asbestos-containing structures/roadway affected by the project and construction-related impacts.
The Air Quality Report will document whether the proposed project is included in the latest San Joaquin Council of Governments (SJCOG) Regional Transportation Plan (RTP), Federal Transportation Improvement Program (FTIP), and Federal Statewide Transportation Improvement Program (FSTIP) for preliminary engineering/environmental documentation. The project will be presented to the SJCOG for Interagency Consultation (IAC) to determine if the project is considered to be a Project of Air Quality Concern (POAQC). This scope assumes that the project will not be determined to be a POAQC, thus only a qualitative PM10 and PM2.5 Hot-Spot assessment will need to be conducted. If the project is determined to be a POAQC, a quantitative PM10 and PM2.5 Hot-Spot assessment would need to be conducted and a contract amendment negotiated.
The Air Quality Report will make a final determination whether the build alternatives will conform to applicable state and federal air quality plans. Caltrans Standard Specifications for Construction, as well as mitigation measures, if necessary, will be recommended to reduce short-term construction related impacts. In addition, mitigation measures will be prescribed for any operational impacts that are identified.
Air Quality Conformity Report - In addition to the air quality analysis, LSA will prepare the “Conformity Analysis Documentation for Project-Level Conformity Determinations in Metropolitan Nonattainment/Maintenance Areas” (Air Quality Conformity Report [AQCR]) required for NEPA delegation. An Air Quality Conformity Checklist and an Air Quality Conformity Report will be required to make a project-level air quality conformity determination for the proposed project. This scope assumes the preparation of a quantitative PM 10 and PM2.5 Hot-Spot assessment would not be required. A qualitative PM10 and PM2.5 Hot-Spot assessment and Mobile Source Air Toxic (MSAT) analysis will be prepared according to FHWA Updated Interim Guidance for NEPA Documents.
Identify mitigation measures - LSA will identify, if necessary, practical mitigation measures to address any significant project or cumulative impacts from emissions of criteria air pollutants and/or GHGs. Mitigation measures designed to reduce the project's short-term construction and long-term air quality impacts to the extent feasible will be Exhibit A
EXHIBIT 1
723
Lower Sacramento Road Widening - Scope of Work
City of Stockton
identified. Mitigation measures established by the SJVAPCD for dust suppression will be identified to reduce particulate matter impacts. Both an evaluation of the potential mitigation measures and a discussion of their effectiveness will be provided.
Energy Impacts Analysis - LSA will assess construction energy impacts using the same project information used for the air quality analysis described above. If traffic data showing changes that occur as a result of the proposed project is available, LSA will also assess operational energy impacts. It is assumed the energy use will be modeled for the following conditions at a minimum: “existing”, “existing plus project”, “forecast”, and “forecast plus project”. The Energy Memorandum will address both of the energy issues identified in the checklist in Appendix G of the State CEQA Guidelines.
Prepare and Submit the Reports - Once the Air Quality Report has been fully reviewed and finalized, the Air Quality Conformity Checklist and Air Quality Conformity Report will be completed within 3 weeks. All reports will be submitted as a Portable Document Format (PDF) file. LSA will respond to one round of consolidated minor review comments on each report/ memorandum. Additional rounds of review/revision or provision of copies in excess of that stated in this proposal are not included in this scope of work.
LSA has budgeted 12 hours for responding to comments generated during review of the Air Quality Report and 8 hours for responding to comments generated during review of the AQCR. This scope excludes LSA technical staff attending project meetings or agency meetings.
Biological Resources
LSA’s approach to biological resources compliance for this project considers reporting requirements set forth by Caltrans in the Caltrans Local Assistance Procedures Manual and Standard Environmental Reference combined with obtaining coverage for the project under the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP).
Literature Review and Field Surveys
LSA will evaluate the biological resources present on the project site and determine project effects to those resources. A key objective of the evaluation will be to identify any special status plant or wildlife species, or sensitive habitats, that may be affected by the project. LSA will query relevant databases and other online data sources such as the U.S. Fish and Wildlife Service’s (USFWS) Information, Planning, and Conservation (IPaC) System, the California Department of Fish and Wildlife Service’s (CDFW) California Natural Diversity Database, and the California Native Plant Rare Plant Inventory.
A preliminary review of the project site indicates a potential for presence of several special status species, such as burrowing owl (Athene cunicularia) and Swainson’s hawk (Buteo swainsoni), for which there are several records throughout the vicinity. Pixley Slough, Bear Creek, a ditch adjacent to Eight Mile Road, and an unnamed irrigation canal adjacent to Marlette Road will also be evaluated for potential to support aquatic species such as giant gartersnake ( Thamnophis gigas) and northwestern pond turtle (Actinemys marmorata).
The following field surveys are proposed:
General Field Survey. LSA will conduct a general field survey to map plant communities and assess habitat conditions and evaluate potential impacts to sensitive biological resources from the proposed project. LSA will also assess the existing bridges for potential habitat for nesting birds or roosting bats.
Aquatic Resources Delineation. LSA will conduct an aquatic resources delineation of the project site to identify areas potentially subject to regulation by the U.S. Army Corps of Engineers (USACE) or the Regional Water Quality Control Board (RWQCB). The delineation will be conducted in accordance with the Corps of Engineers Wetlands Delineation Manual (January 1987), the ACOE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (September 2008), and the RWQCB State Wetland Definition and Exhibit A
EXHIBIT 1
724
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Procedures for Discharges of Dredged or Fill Material to Waters of the State (April 2019). Aquatic features subject to California Department of Fish and Wildlife jurisdiction will also be identified.
Tree Survey. In conjunction with the general field survey, LSA will inventory all trees within the project impact area; data collected will include species, location, diameter at breast height (dbh), and approximate height.
Documentation
LSA proposes to prepare the following reports to document biological resources in the project area and evaluate potential project effects to biological resources:
Natural Environment Study (NES). The results of the field surveys will be documented in an NES prepared in accordance with the Caltrans’ current SER template. The NES will include a discussion of plant communities present on the site, as well as a discussion of common plant and animal species occurring (or expected to occur) on the site based on the communities present. A generalized vegetation map will be prepared showing plant community types as well as the locations of any sensitive biological resources identified. The results of the aquatic resources delineation and other surveys will also be summarized in the NES. The NES will include an assessment of project impacts on the biological resources present, and recommended mitigation measures where appropriate.
Aquatic Resources Delineation Report. The results of the delineation field work will be documented in an Aquatic Resources Delineation Report (ARDR) prepared in accordance with the USACE Minimum Standards for Acceptance of Aquatic Resources Delineation Reports, dated January 2016 and the and the USACE Regulatory Guidance Letter 16-01 (October 2016) regarding Preliminary Jurisdictional Delineations. The report will include a description of the setting, a discussion of the methods and results, the completed wetland data forms, location and vicinity maps, and a preliminary delineation map showing the limits of all potential jurisdictional waters of the U.S./State on the site.
Biological Assessment (BA). Coverage under the SJMSCP should by-pass the need for Section 7 consultation with the USFWS. However, if the project has potential to impact federally listed fish species regulated by the National Marine Fisheries Service or federally listed species regulated by the USFWS that are not included in the SJMSCP, then a BA consistent with Caltrans’ current SER template may be required. LSA will prepare this BA to evaluate project effects to federally listed species and identify appropriate avoidance and minimization measures.
Habitat Mitigation Plan. LSA will prepare Habitat Mitigation Plan (HMP) for inclusion with the regulatory permit applications described below. The HMP will include provisions for implementation, monitoring, and reporting for on-site restoration of temporarily impacted areas, and will describe any off-site mitigation that may be required for permanent impacts to waters of the State and U.S. and CDFW riparian habitats, if applicable. We anticipate that off- site mitigation requirements for each agency will be satisfied through fee payment for coverage under the SJMSCP.
LSA has budgeted 12 hours each for responding to comments generated during City and Caltrans review of the NES and BA, and 5 hours for responding to comments generated during City and Caltrans review of the delineation report.
This scope assumes that project boundaries and impact areas will be provided to LSA in a georeferenced format, access to all portions of the project site will be arranged by the City in advance of field surveys, and that all draft deliverables will undergo concurrent review by the City and Caltrans and one set of compiled comments will be provided to LSA.
Community Impacts
A Community Impact Assessment (CIA) will be prepared, consistent with the guidelines in the FHWA Technical Advisory T6640.8A, Caltrans CIA Handbook (October 2011), Caltrans CIA template (2023) and other applicable guidance from the FHWA and the Caltrans SER Web sites. LSA reviewed the Caltrans SER and determined that a mid- level CIA would be appropriate for this project. The CIA is anticipated to focus on land use impacts, consistency with applicable State, Regional, and Local Plans, farmland impacts, community character and cohesion, relocations and real property acquisition, traffic and transportation/pedestrian and bicycle facilities, and public involvement. The CIA will provide a description of existing, adopted, and proposed land uses on and in the immediate vicinity of the project site, Exhibit A
EXHIBIT 1
725
Lower Sacramento Road Widening - Scope of Work
City of Stockton
including employment and activity centers. The CIA will also address the proposed project’s consistency with relevant local, regional, and State regulations and land use, transportation, and air quality plans. Farmland impacts due to project implementation will also be discussed in the CIA. Housing, employment, and population conditions, as well as the locations of important community facilities in the vicinity of the project site will be described. Relevant demographic and land use information for the project study area will be mapped. The project is anticipated to require parcel acquisitions; however, no relocations are expected. An analysis of the project’s potential right-of-way impacts and associated socioeconomic impacts will be discussed in the CIA. The CIA will also address federal environmental justice requirements and evaluate whether the project would increase/decrease transportation equity in the affected areas of Stockton. Because the project may include detours during construction activities, a discussion of the project’s construction-period impacts on community access will also be provided in the CIA.
The CIA will also provide recommendations to avoid, minimize, and/or mitigate potential adverse impacts of the proposed project where feasible and warranted.
LSA has budgeted ten (10) hours for responding to comments generated during review of the CIA.
Phase 1 Initial Site Assessment (ISA)
Crawford will prepare a Phase 1 Initial Site Assessment (ISA) to evaluate the project alignment (from Pixley Slough to Royal Oaks Drive) and adjacent properties for evidence of recognized environmental conditions (RECs) and/or potential RECs that may significantly impact the constructability, feasibility, and/or cost of the project. The ISA will be prepared in accordance with the procedures set forth in Caltrans’ Standard Environmental Reference, Chapter 10, and ASTM E1527-
21. The ISA will include the following elements:
• Records review: Crawford will contract with Environmental Risk Information Service (ERIS) to conduct a computerized search of federal, state, local, and tribal environmental agency database records. These database records will be reviewed for information pertaining to the subject property, and properties within ASTM standard search radii applicable to each database. The databases searched will include, at a minimum, all databases specified in ASTM E1527-21.
• Physical Setting Review: The ISA will include a summary of geologic conditions underlying the subject property and vicinity based on readily available geologic mapping from the U.S. Geological Survey and the California Geological Survey; and a summary of hydrogeologic conditions (including depth to groundwater and regional groundwater flow, if readily available) based on information from websites maintained by the State of California. • Historical Land Use Review: ERIS will provide historical aerial photographs, topographic maps, city directories, and Sanborn fire insurance maps (where available) for the subject property and vicinity. Crawford will review these data to develop a history of general property uses for the project alignment and surrounding parcels back to the alignment’s first development, or 1940, whichever is earlier. • Site Reconnaissance: Crawford will perform a driving and walking reconnaissance of the project alignment and vicinity to observe current conditions. Conditions on adjacent parcels will be observed from the public right-of- way. The reconnaissance will include observations of geologic, hydrogeologic, and topographic conditions; uses and storage of hazardous materials and wastes within and adjacent to the project alignment; and general conditions with regard to the presence of underground and aboveground storage tanks, drums, wells, electrical equipment, stockpiled soil, vegetation, odors, and sewage/waste disposal, as appropriate. • Interviews: Where warranted by observations and data, Crawford will make reasonable attempts to interview current and past property owners, tenants, and key site mangers where names and contact information is provided. Crawford may also contact City of Stockton or San Joaquin County Environmental Health Department Exhibit A
EXHIBIT 1
726
Lower Sacramento Road Widening - Scope of Work
City of Stockton
personnel to inquire about department knowledge pertaining to the project alignment or properties in the project vicinity, as warranted by the findings and reconnaissance. • Report of Findings: A report documenting our assessment will be prepared for the project. The report will include, but not necessarily be limited to, the following:
o Description of the subject property and vicinity;
o Summary of the physical setting, local geologic conditions, and hydrogeologic conditions; o Summary of the historical record review and historical site usage; o Findings from the records review;
o Site reconnaissance observations;
o Interview results;
o Photographs of significant items of environmental concern observed during the site reconnaissance (if any); o Findings, Opinions, and Conclusions on potential impacts: including a summary of RECs, and a discussion of significant data gaps and data failures; and
o Recommendations: As warranted by the findings for additional investigation and/or sampling for potentially hazardous materials.
Assumptions
The project description and drawings showing planned improvements, stationing, and project limits will be provided by other members of the Mark Thomas team.
Initial contact with adjacent parcel owners by the City will be provided if interviews or access are required.
Chain-of-title, Activity and Use Limitations, and Environmental Lien searches for the project alignment or adjacent properties are not included in this scope of work.
Deliverables:
Crawford will deliver draft and final ISA Reports to Mark Thomas to review and submit to City staff when ready for City review.
Noise Memorandum
LSA will prepare a Noise Study Report (NSR) consistent with the Caltrans Noise Traffic Noise Analysis Protocol (April 2020), and Technical Noise Supplement (TeNS) [September 2013], and the annotated outline provided by the Caltrans Standard Environmental Reference (SER). The NSR will identify traffic noise impacts on land uses located adjacent to the proposed project. Noise standards regulating noise impacts, including the Noise Abatement Criteria (NAC) and applicable local noise ordinances, will be discussed for land uses located adjacent to the project. Land uses located adjacent to the project on both sides of the roadway will be identified and discussed using land use information, aerial photographs, and field reconnaissance.
Ambient noise level measurements will be conducted to establish the existing noise environment at representative land uses in the project area on both sides of the roadway. Short-term (20-minute) noise level measurements will be conducted at up to 14 locations with concurrent traffic counts to document the existing noise environment and to calibrate the traffic noise model. Long-term 24-hour noise level measurements will be conducted at up to 2 locations to identify the peak traffic noise hour. Locations of the short-term and long-term noise level measurements will be clearly shown on an exhibit. Observations of other noise sources, barriers, terrains, building heights, and other site-specific information will be noted during each measurement period.
The Federal Highway Administration (FHWA) Traffic Noise Model (TNM) version 2.5 will be used to calculate existing and future traffic noise levels. Model input data include traffic volumes, vehicle mix among autos, medium and heavy Exhibit A
EXHIBIT 1
727
Lower Sacramento Road Widening - Scope of Work
City of Stockton
trucks, vehicle speeds, ground attenuation factors, and roadway configurations. The TNM 2.5 model will be calibrated using the short-term noise levels measurement and concurrent traffic counts to ensure the accuracy of the noise model. The existing and future traffic conditions will assume either the worst-hour traffic volumes or the peak-hour traffic volumes provided in the traffic study, whichever is less. Traffic noise impacts will be determined based on the future traffic noise levels and the corresponding NAC for each land use.
Noise abatement measures (sound walls) designed to reduce long-term traffic noise impacts by 5 dBA or more, as required to be feasible, will be evaluated. The results of the noise modeling in TNM 2.5 will be tabulated in tables and will include the insertion loss and number of benefited receptors/residential units for each soundwall height. Modeled receptors and soundwall locations will be clearly shown an exhibit.
A reasonable allowance per receptor/residential unit and total reasonable allowance will be calculated for each feasible noise barrier height. The height, length, location, top-of-wall elevations, and beginning and ending station numbers will be provided for each feasible noise barrier height.
Short-term noise impacts from construction sources will be analyzed based on the equipment expected to be used. The construction noise impact will be evaluated in terms of maximum levels (Lmax) and the frequency of occurrence at adjacent noise-sensitive locations. Analysis requirements will be based on the sensitivity of the area, Caltrans Standard Specifications, and the City’s Municipal Code.
LSA has budgeted two rounds of review and each round of review for a total of thirty-two (32) hours for responding to comments generated during review of the NSR.
Noise Abatement Decision Report (NADR)
If feasible sound barriers were identified in the Noise Study Report (NSR), LSA will prepare a NADR consistent with the Caltrans Traffic Noise Analysis Protocol (April 2020) and the annotated outline provided by the Caltrans SER. The report will summarize key information presented in the NSR, which would include acoustical feasibility, number of benefited residences, and the total reasonable allowance. The engineer’s construction cost estimate for the evaluated abatement will be developed by the project engineer and compared to the total reasonable allowance to determine the reasonableness of the noise abatement measure. Non-acoustical factors related to feasibility for the reasonable noise abatement measure (e.g., line-of-sight, safety, maintenance, security, geotechnical considerations, and utility relocations) will be evaluated. In addition, secondary effects of abatement on cultural resources, scenic views, hazardous materials, biology, and any other applicable resources will be addressed.
LSA has budgeted two rounds of review and a total of twenty-four (24) hours for responding to comments generated during review of the NADR.
Cultural Resources (HPSR / ASR)
If the project receives federal funding, it would then qualify as an “undertaking” as defined at 36 CFR §800.16(y) and must comply with Section 106 of the National Historic Preservation Act of 1966, As Amended (Section 106). LSA will conduct cultural resource studies that are needed for the City and Caltrans to address requirements of NEPA, CEQA, and Section 106 of the National Historic Preservation Act using guidance set forth in the Caltrans 2014 First Amended Programmatic Agreement Among The Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance With Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program in California (Section 106 PA).
Exhibit A
EXHIBIT 1
728
Lower Sacramento Road Widening - Scope of Work
City of Stockton
A preliminary review of the parcels within or adjacent to the proposed project area between Pixley Slough and Bear Creek that could contain cultural resources that may be affected by this project has been conducted for this proposal and is presented below.
LSA has reviewed online parcel information provided by the San Joaquin County Assessor Office as well as aerial photographs and USGS topographic quadrangles to determine the age of buildings located on all parcels within and adjacent to the Study Area. Of the parcels within or adjacent to the Study Area, three contained built environment elements with a “Year Built” date over 45 years old (i.e., 1979 and older as of 2024), and are either single family or multi- family properties; therefore, a Historical Resources Evaluation Report (HRER) will be necessary. The following properties contain built environment elements 45 years old or older:
A multi-family residential property constructed in 1963 on an 8.95-acre parcel at 10350 North Lower Sacramento Road (APN 084-030-19);
A single-family residential property constructed in 1967 on a two-acre parcel at 10475 Lower Sacramento Road (APN 084-030-15); and
A single-family residential property constructed in 1948 on a 32.2-acre at 10806 Lower Sacramento Road (APN 084- 050-003).
LSA anticipates evaluating these properties as part of the HRER. If any are evaluated as eligible for listing in the National Register of Historic Places, a Finding of Effect may be required. In that case, additional scope and budget will be required.
Research and Field Investigation
LSA will conduct the following tasks to identify cultural resources in the project area.
LSA will request a records search of the Study Area and a 0.25-mile radius be completed by the staff of the Central California Information Center (CCAIC) of the California Historical Resources Information System. The CCAIC is the official State repository for cultural resources and studies for San Joaquin County. The records search will identify recorded cultural resources and studies within and adjacent to the project site. This information will inform the existing baseline conditions of the project site and minimize redundant research .
In order to assist Caltrans with tribal consultation, LSA will obtain the results of a Sacred Lands File (SLF) search from the Native American Heritage Commission (NAHC), send initial contact letters to all tribes designated by the NAHC or Caltrans, follow-up via email twice, if necessary, and compile an administrative record .
A literature review, as necessary, of archaeological, ethnographic, historical, and environmental publications and maps at historical archives and LSA will be performed. Relevant listings reviewed will include the California Inventory of Historic Resources, Five Views: An Ethnic Sites Survey for California, California Historical Landmarks, California Points of Historical Interest, National Historic Landmarks, and the Built Environment Resources Directory (BERD) for San Joaquin County which contains the listings of the National Register of Historic Places (NRHP) and the California Register of Historical Resources (CRHR). If available, appropriate city or county listings will be reviewed.
Exhibit A
EXHIBIT 1
729
Lower Sacramento Road Widening - Scope of Work
City of Stockton
An LSA architectural historian will conduct property-specific research at San Joaquin County Historical Society in Lodi and the Haggin Museum in Stockton for historical and environmental information of built environment resources in or adjacent to the Study Area.
LSA will contact the San Joaquin County Historical Society in Lodi and the Haggin Museum in Stockton for any information or concerns they may have about cultural resources in the Study Area.
LSA will consult with Caltrans to exempt any additional built environment resources in the Area of Potential Effects (APE) from evaluation, if any, in accordance with criteria set forth in Attachment 4 of the Section 106 PA.
LSA will conduct an architectural pedestrian field survey of the APE. The client must arrange/provide legal access (right-of-entry) to properties within the APE. It is anticipated that the archaeological field survey will take no more than 12 hours of field time and that the architectural field survey will take no longer than 10 hours. Negative results for archaeological resources are anticipated - in the event of positive results, a contract amendment (budget modification) will be required and a schedule adjustment may be necessary. It is anticipated that the archaeological field survey will take no more than 12 hours of field time and that the architectural field survey will take no longer than 10 hours. Negative results for archaeological resources are anticipated - in the event of positive results, a contract amendment (budget modification) will be required and a schedule adjustment may be necessary.
Documentation
LSA will prepare an APE map to Caltrans standards which includes built environment resources.
LSA will prepare a Historic Property Survey Report (HPSR) and a Historical Resources Evaluation Report (HRER).
LSA will prepare an Archaeological Survey Report (ASR) of negative results that will document the results of the records search, survey, consultation assistance and provide environmental and cultural contexts.
If additional built environment resources are identified within or adjacent to the Study Area, or Caltrans requires updating existing DPRs of other built environment resources in the Study Area, or Caltrans requires other related cultural resource technical studies (such as a Finding of Effect) to address built environment resources, LSA will develop a scope and budget to address the additional required study and prepare draft/final documentation per Caltrans and OHP guidelines. We have budgeted 16 hours for responding to comments generated during review of the HPSR/HRER.
Farmland
Implementation of the project will require the conversion of active agricultural land to a non-agricultural use (specifically a transportation use). Since the project will be using federal funding, LSA will prepare a Form NRCS-CPA- 106 (corridor-type projects) to assess the agricultural impacts associated with converting existing agricultural land to a non-agricultural use. If the points of the Total Site Assessment in Part VI of Form NRCS-CPA-106 equate to 60 points or greater, then Form CPA-106 will be sent to the applicable NRCS field office. If, the point total in Part VI is less than 60 points, then Form NRCS-CPA-106 does not need to be submitted to NRCS, and instead, LSA will retain the form in project files as supporting documentation for NEPA. Based in part on the information presented on Form NRCS-CPA- 106, LSA will prepare a farmland analysis as part of the project-specific Community Impact Assessment (CIA), and a stand-alone Farmland Assessment Technical Report or Memorandum is not required.
LSA has budgeted four (4) hours for responding to comments generated during review of the Form CPA-106.
Exhibit A
EXHIBIT 1
730
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Visual Resources
LSA will prepare a Visual Impact Assessment Memorandum (VIA Memo) for the project that follows the current Caltrans Visual Assessment Report Content and Recommended Format based on the Caltrans Questionnaire to Determine Visual Impact Assessment Level. The VIA Memo will consider the consistency of the project with the applicable visual resources policies in the City’s General Plan and the San Joaquin County General Plan, the Caltrans SER, the FHWA Visual Impact Assessment for Highway Projects guidelines, and other applicable regulations and guidance. The VIA Memo will describe the existing setting, identify important visual resources, and identify potential project visual impacts. The analysis will include ground-level photographs from public viewpoints near the project site. Visual conditions and project impacts will be discussed qualitatively. It is assumed the project design for the proposed project will include landscaping consistent with applicable City and Caltrans guidelines for roadways. If required, measures to avoid, minimize, or mitigate adverse project visual impacts or to provide consistency with the General Plan will be identified.
LSA has budgeted twelve (12) hours for responding to comments generating during review of the VIA Memo.
Water Quality Assessment Report
LSA will prepare a Water Quality Assessment Report (WQAR) for the project that follows the current Caltrans Water Quality Assessment Report Content and Recommended Format. The WQAR will discuss watershed and drainage characteristics, surface receiving waters, groundwater hydrology, regulatory requirements, pollutants of concern, receiving waters conditions, objectives, beneficial uses, and floodplains. The report will also discuss proposed construction site, site design, structural and non-structural source control, Low Impact Development (LID) and treatment Best Management Practices (BMPs) that are being provided as part of the project. The project’s impacts on water quality will be evaluated, and avoidance, minimization, and/or mitigation measures necessary to prevent adverse water quality impacts will be identified.
Information to be obtained from the Storm Water Data Report (SWDR) (to be provided by the project engineer) and Hydrology Report (to be provided by the project engineer) and incorporated into the WQAR includes, but is not limited to, proposed construction and operational BMPs, disturbed soil area, new impervious surface area, additional impervious surface areas to be treated for the project, existing and proposed drainage patterns, existing and proposed rate and volume of stormwater runoff, and proposed construction and operational BMPs. Information on depth to groundwater, proposed depth of excavation, the potential for groundwater dewatering during construction, soil types, and erosion potential will be obtained from the project’s Geotechnical Report(s) (to be provided by the project engineer). Additionally, information on riparian habitat, jurisdictional waters, and aquatic-dependent species and impacts to those biological resources will be obtained from the NES.
Transportation Studies
LSA will utilize the transportation impact analysis prepared by Fehr & Peers for the CEQA document and the traffic operations report prepared for the Precise Road Plan to inform the preparation of the NEPA document.
Task 2.3. CEQA Documentation
The proposed project footprint has been previously cleared under CEQA with project-specific documentation and under the General Plan EIR. Therefore, LSA proposes to evaluate those sections of the proposed project footprint not yet cleared under project-specific environmental documentation in an Addendum to the General Plan EIR. Pursuant to CEQA Guidelines Section 15164, an addendum is permitted when a project (or a project's circumstances) change, or new information is available, but these conditions result in no new environmental impacts and do not increase the severity of impacts previously identified. Once complete, the decision-making body shall consider an Addendum with the Final EIR prior to making a decision on the proposed project. CEQA Guidelines 15168(c)(4) recommends using a Exhibit A
EXHIBIT 1
731
Lower Sacramento Road Widening - Scope of Work
City of Stockton
written checklist or similar device to confirm that the environmental effects of a subsequent activity were adequately covered in a previous EIR. LSA will complete an EIR Addendum to the General Plan EIR to ensure that there are no new significant impacts not previously evaluated in the General Plan EIR.
Evaluation of Environmental Effects
This task includes evaluating the project and preparation of the environmental checklist and the Addendum for the minor modifications to the project that are not covered under the General Plan in Task 2.3.
For all environmental topics identified in the CEQA environmental checklist, LSA will substantiate the conclusion of "No New Impacts" or "No Increase in Severity of Existing Impacts." The following topics will be addressed: aesthetics; agricultural and forestry resources; air quality; biological resources; cultural resources; energy; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; transportation; tribal cultural resources; utilities and service systems; and wildfire. Technical studies from Task 2 will provide supporting analysis, where needed.
For each environmental topic, LSA will identify the minor changes associated with the project compared to what was evaluated in the General Plan EIR and provide a brief response to each checklist question through the comparison of the proposed project to the analysis conducted in the previous EIR.
This scope of services assumes that no new impacts or substantially more severe impacts would result from the proposed project, beyond those identified in the General Plan EIR.
Administrative Draft Addendum and Checklist
LSA will prepare one draft of the Administrative Draft Addendum (memorandum and environmental checklist) for review by City staff prior to finalizing the document. LSA will provide one (1) MS Word and PDF version of the Administrative Draft in electronic format for review by City staff.
Screencheck Draft Addendum and Checklist
Based on a single set of comments received from City staff, LSA will make any necessary revisions to the Administrative Draft Addendum and will provide the City with a Screencheck Draft of the Addendum as both MS Word and PDF versions.
This submittal will include both a clean document and a compare version showing text changes made to the Administrative Draft document in underline and strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Addendum.
Final Addendum, Checklist and Notice of Determination
Based on a single consolidated set of comments received from City staff, LSA will make any necessary revisions to the Screencheck Draft Addendum and will provide the City with final MS Word and PDF versions of the Addendum in electronic format for use and distribution by City staff.
This submittal will include both a clean document and a compare version showing text changes made to the Screencheck Draft documents in underline and strikeout for the City to more easily confirm that all comments and edits are fully incorporated into the final Addendum.
LSA will also prepare a draft Notice of Determination (NOD) for review and posting with the County Clerk by City staff.
LSA will also submit the NOD to the SCH on behalf of the City. LSA will also compile the Administrative Record as a part of this task.
Exhibit A
EXHIBIT 1
732
Lower Sacramento Road Widening - Scope of Work
City of Stockton
If requested, LSA can provide three (3) bound copies and ten (10) digital versions (PDF format) on a thumb drive for additional distribution and posting on the City website.
Transportation Chapter
Fehr & Peers will complete the transportation chapter for the required CEQA document. Fehr & Peers has budgeted CEQA documentation support assuming the project will require an Initial Study/Mitigated Negative Declaration to comply with CEQA. If the environmental documentation requires an EIR, a scope and fee amendment may be necessary to account for the longer schedule and added level of effort typically associated with an EIR.
VMT Analysis
Fehr & Peers will prepare a vehicle miles traveled (VMT) impact analysis following requirements noted in the City of Stockton Transportation Impact Analysis Guidelines (City of Stockton, 2023). We will conduct a screening assessment to determine if the project may qualify for a streamlined CEQA VMT analysis; however, based on the project description, it’s possible that the proposed project will not meet the screening criteria and a CEQA VMT analysis will be required.
According to the TIA Guidelines “Project types that would likely lead to a measurable and substantial increase in vehicle travel generally include addition of through lanes on existing or new roadways. For transportation projects that increase roadway capacity, the VMT estimates and forecasts will also need to include induced travel effects. However, not all roadway projects lead to induced travel.”
To conduct the VMT analysis, we will run the City of Stockton General Plan Travel Demand Model for the following scenarios:
Base Year No Project
Base Year with Proposed Project
Cumulative (2040) No Project
Cumulative (2040) with Proposed Project
For each scenario, we will determine the project effect on VMT within the City of Stockton boundary. If the project leads to a measurable increase in VMT, Fehr & Peers will evaluate long-term induced VMT effects using the National Center for Transportation Calculator to forecast the long-term effects. If significant VMT impacts are identified, Fehr & Peers will develop VMT-reducing mitigation measures to address the impacts. These could include additional pedestrian and bicycle enhancements, enhanced transit facilities, or other vehicle trip reduction measures.
Consistency Analysis
Fehr & Peers will address the following three questions for the project:
1. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
2. Would the project substantially increase hazards due to a geometric design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?
3. Would the project result in inadequate emergency access? Fehr & Peers will analyze the proposed project relative to transportation-related policies and plans set forth in the General Plan, Bicycle Master Plan, and other applicable transportation plans. As appropriate, modifications to the proposed project will be recommended if inconsistencies are identified.
Exhibit A
EXHIBIT 1
733
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Fehr & Peers will qualitatively assess potential transit, bicycle, and pedestrian impacts by reviewing the proposed project’s physical changes to the study area’s transit, bicycle, and pedestrian networks. Specific review items will include the following.
Consistency with applicable design standards.
Project changes to the traffic volumes in the study area.
Project modifications to the public roadway, transit, bicycle, and pedestrian systems.
Where necessary and feasible, we will identify mitigation measures to reduce significant impacts. Each mitigation measure will identify the specific action necessary, responsibility for implementation, and level of significance after mitigation. This information will be delivered to be incorporated into the CEQA environmental document.
Transportation Chapter Documentation
Fehr & Peers will prepare an administrative draft transportation chapter for the CEQA document that describes the existing setting, regulatory setting, assumptions, methods, and analysis results. The chapter will include various figures, tables, and a technical appendix. We will submit the administrative draft chapter for review by the project team and City staff. Fehr & Peers has budgeted eight (8) hours of staff time to respond to comments on the administrative draft chapter, and to create a draft transportation chapter. This task also includes preparation of the administrative record, which includes all materials relied upon for the analysis.
Fehr & Peers has budgeted eight (8) hours to provide written responses to transportation-related public comments and help prepare the final CEQA document. If responses or environmental documentation require more time than has been budgeted, a scope and fee amendment will be necessary.
Task 2.4. NEPA Documentation – Environmental Assessment/Finding of No Significant Impact
The Environmental Assessment (EA) will be prepared consistent with the Caltrans Standard Environmental Reference (SER) and the current EA template (currently February 8, 2023) because the project does not appear to be categorically excluded under Caltrans’ environmental review procedures. Based on LSA’s experience, the EA would likely culminate in a Finding of No Significant Impact (FONSI). LSA will use project information provided by the project design team, to the extent possible. LSA will also rely on previously prepared technical reports provided to LSA by the City and the technical studies outlined in Task 2 above.
Prepare Administrative Draft EA
The Administrative Draft EA will include the description of the project developed under Task 2 and (a) a statement of purpose and need for the proposal, (b) a discussion of the proposed action and alternatives, (c) an analysis of probable environmental effects of the proposed action and alternatives, and (d) a list of agencies and persons consulted. These EA components are described below:
Summary of Major Potential Impacts from Alternatives - From the subsequent chapters of the EA, LSA will prepare a summary table listing the major potential impacts by alternative.
Coordination with Public and Other Agencies - LSA will prepare a list of coordination efforts with the public and other agencies.
Exhibit A
EXHIBIT 1
734
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Purpose and Need - LSA will incorporate the project description from Task 1.2 and supplement this information with and a brief discussion of the purpose and need for the proposed action. This discussion will include a list of objectives of the project.
Project Alternatives, Comparison of Alternatives, Preferred Alternative, and Alternatives Eliminated - LSA will prepare a description and comparative analysis of the proposed project and alternatives, including a description of alternatives considered but eliminated. EA 's must, at a minimum, include the proposed Build and No Build alternatives. Additionally, the EA must identify the preferred Alternative for the FONSI. LSA will coordinate with the project development team to identify and discuss alternatives that could reasonably achieve the need that the proposed build is intended to address.
Affected Environment -This section of the EA will include a concise description of the human environment and natural resources that would be affected by implementation of the proposed action. This baseline is used to compare the impacts of the various alternatives.
Environmental Consequences - LSA will describe probable environmental effects for the project using the environmental factors identified by Caltrans. Also included will be a list of permits to be obtained and a cumulative impact analysis. LSA will prepare a summarized discussion of the probable adverse effects of both the proposed Build and its alternatives. This section of the EA will also include the information required to demonstrate compliance with other applicable requirements and will identify any permits, licenses, other approvals, or reviews that apply.
This scope of work is based on the assumption that the proposed action would not result in adverse effects to the environment.
Avoidance, Minimization and/or Abatement Measures - This section will identify environmental protection measures that have been incorporated into the action in order to avoid adverse effects.
Deliverables: Administrative Draft EA (electronic copy provided to Caltrans on behalf of the City) Prepare Screencheck Draft EA
LSA will respond to City and Caltrans comments on the Administrative Draft EA and prepare a Screencheck Draft EA.
We have budgeted sixty (60) hours for responding to agency comments generated during the Administrative Draft EA.
Circulate Draft EA
LSA will respond to City and Caltrans comments on the Screencheck Draft EA and prepare the Draft EA for circulation.
LSA has budgeted forty (40) hours for responding to agency comments generated during the Screencheck Draft EA.
Based on final comments, LSA will submit an electronic version and up to ten (10) hard copies of the Public Review Draft EA for Caltrans to distribute to agencies and interested persons for their review and posting on the Federal Register.
The EA will also be posted on Caltrans’ and the City’s websites.
Prepare Final EA/Finding of No Significant Impact
Following the public review period, LSA will prepare responses to comments to the public comments received and how the comments were addressed. LSA has budgeted up to forty (40) hours to respond to public comments. Should an Exhibit A
EXHIBIT 1
735
Lower Sacramento Road Widening - Scope of Work
City of Stockton
unusually high volume of comments be received, LSA can complete responses on a time and materials basis. The response to public comments will be included as an appendix to the Final EA.
LSA will modify the EA, as needed, to reflect the consideration of public comments and prepare the Finding of No Significant Impact (FONSI) for public release.
Task 2.5. Permitting
Permits were acquired for previously evaluated portions of the proposed project, including the Nationwide Permit Verification (Clean Water Act, Section 404), the Water Quality Certification (Clean Water Act, Section 401), Central Valley Flood Protection Board Encroachment Permits, and coverage under the San Joaquin County Multi-Species Habitat Conservation Plan (SJMSCP). The Section 404 and Section 401 permits for the Lower Sacramento Road over Bear Creek Bridge Replacement expired April 8, 2012. Central Valley Flood Protection Board Encroachment Permits are valid until revoked. The SJMSCP coverage has not expired; however, given the time elapsed, updates may be required for the previously approved portion of the proposed project. LSA will assist the City with preparation of regulatory permitting application materials to authorize impacts associated with the project.
Regulatory Permits
The proposed project may affect jurisdictional aquatic features, including for bridge crossings at Pixley Slough and Bear Creek, which may require permits from the USACE, RWQCB, and/or CDFW.
LSA has budgeted 30 hours for responses to agency comments on the applications. We have also budgeted for on-site meetings with agency representatives (if necessary).
Nationwide Permit Verification (Clean Water Act, Section 404).
The proposed project may result in discharge of material into waters of the U.S., particularly for bridge replacement at Pixley Slough and Bear Creek and possible culvert modifications at the Eight Mile Road ditch and Marlette Road canal.
Based on a preliminary review, we anticipate that each structure will be eligible for coverage under Nationwide Permit No. 14 – Linear Transportation Projects. Our costs include preparation of one Preconstruction Notifications (PCN) covering all structures for submittal to the USACE.
Water Quality Certification (Clean Water Act, Section 401) A Water Quality Certification may be required from the RWQCB for the proposed project, if it will affect wetlands or other waters of the State, to certify that the project is consistent with water quality goals and objectives. LSA will prepare an application package for submittal to the RWQCB. A processing fee must be included with the submittal (to be provided by the City, amount to be determined).
Pre-Application Meeting. LSA will submit a pre-application meeting request to the RWQCB at least 30 days in advance of the submittal of the 401 Water Quality Certification application package. If the RWQCB requests a meeting, LSA will schedule a 1-hour video conference with the RWQCB, the City, and the design team. LSA will also prepare a succinct project summary for discussion during the meeting, including a description of the project, the project impacts, proposed compensatory mitigation, and proposed alternatives to be addressed in the alternatives analysis (see below).
Based on input provided by the RWQCB during the pre-application meeting, LSA will discuss with the City, Caltrans and the design team any additional requirements that may not be covered under LSA’s existing scope of work before finalizing the 401 Water Quality Certification application package.
Alternatives Analysis (AA). LSA will prepare an AA consistent with the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) requirements for “Tier 2 Projects,” which Exhibit A
EXHIBIT 1
736
Lower Sacramento Road Widening - Scope of Work
City of Stockton
specify an analysis of on-site alternatives that would potentially reduce impacts to waters of the State. LSA will coordinate with the design team to identify two or three conceptual alternative designs that will be evaluated in the AA (e.g., retrofit option, alternative alignment, etc.). The AA will describe cost and feasibility information (i.e., logistical or technical constraints) for each of the alternatives to demonstrate that they are impracticable when compared with the proposed project. Based on input and direction provided by LSA, the design team will provide support for the AA, including preparation of the conceptual alternative layouts and brief written descriptions, line-item cost estimates for infrastructure and fees, and feasibility input for the alternatives.
LSA will submit the Draft AA the City and the design team electronically for review. We have included 8 hours to respond to internal comments generated during review of the Draft AA. LSA’s budget for the AA also includes 8 hours to respond to questions and/or revise the Draft AA based on comments from the RWQCB.
The level of effort that LSA anticipates for the AA is commensurate with LSA’s interpretation of the Procedures and our experience preparing similar analyses for the USACE. If a more extensive analysis is required by the RWQCB, additional budget may be needed.
Streambed Alteration Agreement (Fish and Game Code, Section 1602) The proposed project may require notification of proposed streambed alteration to the CDFW for construction of new bridges at Pixley Slough and Bear Creek, and possibly for culvert modification at the Marlette Road canal. LSA will prepare an application package for submittal to CDFW via the Environmental Permit Information Management System (EPIMS). A processing fee must be included with the submittal (to be provided by the City, amount to be determined).
Please note that the CDFW will consider each bridge/culvert to be a separate project, requiring a separate fee for each.
We have included up to 2 hours to support EPIMS set up for the project. Based on our experience with the CDFW staff overseeing the project region, our costs assume response to one round of comments from the CDFW.
San Joaquin County Multi-Species Habitat Conservation Plan (SJMSCP) The project falls within the boundaries of the SJMSCP, which provides coverage for species listed under the California Endangered Species Act (CESA) and federal Endangered Species Act (FESA) and satisfies CEQA and NEPA requirements.
Obtaining coverage under the SJMSCP is recommended in lieu of separate USFWS Section 7 and CDFW Section 2081 Incidental Take Permit consultations. A portion of the proposed project, previously evaluated as the Lower Sacramento Road/Bear Creek Bridge Replacement, has been approved under the SJMSCP; the remainder of the proposed project will also require approval.
Per discussions with City staff, staff will prepare the SJMSCP Review Form and supplemental materials for submittal to the San Joaquin Council of Governments (SJCOG).
This scope assumes that the biological surveys will determine that special status fish species will not have potential to present and affected by the proposed project. If special status fish species are determined to have potential, additional scope and budget will be provided to prepare documentation and support consultation with the National Marine Fisheries Service. The scope also assumes that separate USFWS Section 7 consultation for species other than those included in the SJMSCP will not be required.
All information necessary to support permit applications will be provided by the City, such as diversion/dewatering plans, descriptions of construction methods and equipment, hydraulic and scour analyses, and locations of proposed staging areas.
Exhibit A
EXHIBIT 1
737
Lower Sacramento Road Widening - Scope of Work
City of Stockton
USACE Section 408 Permit Application
The project will require a Section 408 permit from the USACE for construction work within a federally regulated floodplain. The project team will apply to the USACE to obtain the authorization for work within the floodplain. LSA will prepare a screening memo that will include the Checklist for Categorical Permission (CP) 22 Trails, Roads, and Ramps and exhibits of the project area. The memo will be used as the basis for engaging the USACE Section 408 Unit in discussion.
CVFPB Encroachment Permit Application
An encroachment permit is required from the Central Valley Flood Protection Board (CVFPB) for work within a designated floodway. The project team will submit an application to the CVFPB to obtain the authorization for work within the floodway. An application fee must be included with the application (to be provided by the City).
Deliverables: Project permit applications to the USACE and CVFPB TASK 2.6 ENVIRONMENTAL MANAGEMENT
LSA’s project manager will undertake a variety of general project management tasks throughout the process of preparing the environmental documentation and coordinating with Mark Thomas and other team members, including coordination of the day-to-day activities associated with the project and monitoring the scope, budget, and scheduling of the project. Other project management tasks include regular client contact, contract management, and assistance to team members. LSA will provide written documentation of all substantive project developments in the form of client emails and/or phone conversation records and will follow up our submittals to outside parties and conduct coordination as necessary to ensure efficient and timely review.
LSA’s principal in charge will ultimately be responsible for quality assurance for all work undertaken and will review all text, tables, and graphics before these materials are presented as administrative review documents. The principal in charge will also be available for consultation on environmental review procedural matters and strategy.
LSA will attend two in-person meetings: a kickoff meeting and a public hearing for the Draft EA. LSA will also attend up to 24 project team meetings via conference call. Additional meetings and/or public hearings will be billed on a time- and-materials basis consistent with our 10-H1 rates.
Task 2 Assumptions:
LSA's scope of work is based on the following assumptions:
Hazardous Materials Study(ies), Geotechnical Study, Project Design, Stormwater Plans, and Hydraulic studies will be developed and provided by others on the Mark Thomas team for incorporation into the Addendum and EA.
The proposed actions will be consistent with the four-lane facility evaluated as part of the General Plan EIR and will culminate in an Addendum to that EIR. If significant unavoidable environmental impacts are identified, and a Supplemental/Subsequent EIR is required, LSA would submit an independent scope of work, cost estimate, and schedule. However, such an outcome is not expected.
The EA will culminate in a FONSI. If significant unavoidable environmental impacts are identified, and an Environmental Impact Statement (EIS) is required, LSA would submit an independent scope of work, cost estimate, and schedule. However, such an outcome is not expected.
Exhibit A
EXHIBIT 1
738
Lower Sacramento Road Widening - Scope of Work
City of Stockton
The City and Caltrans (as applicable) will be responsible for distributing the EA.
The City and Caltrans (as applicable) will be responsible for filing all notices associated with the project.
TASK 2 DELIVERABLES
Project Description (electronic copy)
Draft Preliminary Environmental Study Form (PDF)
Final Preliminary Environmental Study Form (PDF)
Draft Air Quality Report (AQR) (PDF)
Final Air Quality Report (AOR) (PDF)
Draft Air Quality Conformity Checklist (PDF)
Final Air Quality Conformity Checklist (PDF)
Draft Air Quality Conformity Report (AQCR) (PDF)
Final Air Quality Conformity Report (AQCR) (PDF)
Draft Aquatic Resources Delineation Report (ARDR)
Final Aquatic Resources Delineation Report (ARDR)
Draft Biological Assessment (BA) (PDF)
Final Biological Assessment (BA) (PDF)
Draft Habitat Mitigation Plan (HMP) (PDF)
Final Habitat Mitigation Plan (HMP) (PDF)
Draft Community Impact Assessment (CIA) (PDF)
Final Community Impact Assessment (CIA) (PDF)
Phase 1 Initial Site Assessment (PDF)
Draft Noise Study Report (NSR) (PDF)
Final Noise Study Report (NSR) (PDF)
Draft Noise Abatement Decision Report (NADR) (PDF)
Final Noise Abatement Decision Report (NADR) (PDF)
Draft Area of Potential Effects Map (APE) (PDF)
Final Area of Potential Effects Map (APE) (PDF)
Draft Historical Resources Evaluation Report (HRER) (PDF) Final Historical Resources Evaluation Report (HRER) (PDF) Draft Historic Property Survey Report (HPSR) (PDF)
Final Historic Property Survey Report (HPSR) (PDF)
Draft Archaeological Survey Report (ASR) (PDF)
Final Archaeological Survey Report (ASR) (PDF)
Draft Form NRCS-CPA-106 (PDF)
Final Form NRCS-CPA-106 (PDF)
Draft Natural Environment Study (PDF)
Final Natural Environment Study (PDF)
Cultural Resources (HPSR/ASR) Report (PDF)
Administrative Draft Transportation Chapter (PDF)
Draft VIA Memo (PDF)
Final VIA Memo (PDF)
Draft Water Quality Assessment Report (PDF)
Final Water Quality Assessment Report (PDF)
Administrative Draft EA (Electronic copy to Caltrans)
Exhibit A
EXHIBIT 1
739
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Screencheck Draft EA (Electronic copy to Caltrans)
Public Review Draft EA (electronic copy and up to ten (10) hard copies to Caltrans) Draft Final EA/FONSI (electronic copy to Caltrans)
Final EA/FONSI (electronic copy and five (5) hard copies to Caltrans) Preconstruction Notification (PCN)
Application for Water Quality Certification Alternatives Analysis Notification of Proposed Streambed Alteration
TASK 3. PREPARATION OF PRECISE ROAD PLAN (PRP) - SEI LEAD The Mark Thomas team, lead by Siegfried (SEI), have experience in preparing a Precise Road Plan (PRP) for the City. The PRP is a focused planning effort of a roadway and/or transportation corridor that conforms to the City’s General Plan and all other City adopted plans. Its purpose is to identify and explore all feasible design options for future right-of- way, roadway alignment, lane configuration and cross sections, potential phasing, accommodations for multi- transportation, access restrictions, and intersection controls and modifications for all side streets or portions of a roadway and/or transportation in the LSR corridor.
Prior to the start of the preparation of the PRP, we will review Stockton's Municipal Code Chapter 16.148 Precise Road Plan for the City’s procedures and PRP application requirements. The Mark Thomas team will coordinate, as needed, with San Joaquin County for the possibility of the City and County co-adopting the PRP. In addition, coordination with the Eight Mile Road PRP Project will be required during the design of the LSR and Eight Mile Road intersection.
Task 3.1. 35% PRP
Using Record Drawings and other available construction documents for the project, as well as topographic information, we will l prepare a draft 35% design level geometric plan. The 35% PRP will contain preliminary information to identify the preliminary alignment and lane configuration of the proposed road widening and identify initial project impacts to access, Right of Way (ROW), driveways, utilities, and topographic features. The 35% PRP will be provided to staff for review and comment. The comments will be used to refine the elements of the project and help define a project that the community can support. Also, as we progress with the development of the PRP, we will be able to develop design and construction elements to minimize disruption to the adjacent properties along the project corridor. The Mark Thomas team will submit the 35% PRP in PDF format.
Task 3.2. 50% PRP
Using the comments from the 35% PRP, the Mark Thomas team will prepare 50% level PRP. The 50% PRP will further advance design options and also identify utility constraints that have been identified from comments from utility companies and potential solutions to work around the constraints. The goal of the 50% PRP will be to have enough of the design concepts developed so that City staff and the design team have a good understanding of the project elements to share with the community as well as stakeholders. The elements of the 50% PRP will also be a useful tool to help compose the Project Description required for the environmental document.
Exhibit A
EXHIBIT 1
740
Lower Sacramento Road Widening - Scope of Work
City of Stockton
Technical Studies
Initial Planning & Alternatives Evaluation:
Fehr & Peers will evaluate up to three alternative designs for Lower Sacramento Road. The work for this phase will focus on creating a shared understanding of the opportunities and tradeoffs associated with existing and potential active transportation facilities along the corridor. This process will involve:
Documentation of the pros, cons, and tradeoffs of each facility type. This will be informed by Federal Highway Administration (FHWA) guides on bikeway and crossing selection and will incorporate a Safe Systems approach to corridor planning.
Analysis of the proposed level of traffic stress along the roadway for bike and pedestrian facilities. This will take into consideration number of lanes, design speed, and separation from the roadway.
Coordination with San Joaquin Regional Transit District (RTD) staff to discuss existing and future potential for transit ridership along the corridor based on planned development.
A review of the land use and growth assumptions along the corridor in the City’s 2040 General Plan and associated travel demand forecasting model. Fehr & Peers will also coordinate with the City of Stockton to gather information on for sites along the study corridor that have received entitlements but have not yet been constructed or are still undergoing the entitlement process.
Findings for this task will be documented in a technical memorandum, provided to City staff for one round of review and comment. Where appropriate, the document will be graphically enhanced with cross sections, sketches of potential treatments, and maps.
We will also participate in one working session with City staff to discuss our findings, respond to questions, and identify a preferred alternative for the corridor.
It is noted that this task does not include a detailed traffic operations analysis for the alternative designs. As described later in this Scope of Work, the traffic operations analysis would be completed for the preferred alternative only.
Conceptual Design Support
Once a preferred alternative has been identified, Fehr & Peers will review the corresponding conceptual design and provide comments and recommendations to the team on incorporating bicycle and pedestrian facilities, as well as warranted intersection traffic control improvements, into the precise road plan. Fehr & Peers allocated up to 80 hours for this task. Final elements will be determined after the evaluation of alternatives, and may include:
Bikeway design details such as Separate Bikeway buffers and vertical elements or side path widths and details Details of bicycle and pedestrian crossings
Protected intersections, if Class IV facilities are selected Conceptual signal modifications and intersection design recommendations Lighting analysis and design
Sight distance evaluation at up to three locations
Design speed recommendations, based on published standards and site-specific context The 50% PRP will be submitted to staff in PDF format for review and comment. Also included with the submittal will be our responses to staff comments matrix.
Exhibit A