Agenda packet — City Council and Concurrent Authorities, October 14, 2025 (part 2 of 4)

CMS# 198468
As used herein, Point Blank includes Point Blank Enterprises, Inc., and its brands including Point Blank Body Armor, PACA, PARACLETE, and Protective Products.

1. Warranty - Outer Shell Carrier

1.1. The outer shell carrier and other non-ballistic components are warranted to be free from material and manufacturing defects for 24 months from the date of issue to the individual user, as verified by the warranty card.

1.1.1. During the warranty period, any garment having a manufacturing or material defect, as determined through inspection by an authorized Point Blank representative, will be repaired or replaced at no cost to the customer.

1.1.2. The outer shell carrier warranty shall be void if the product has been altered, abused, or misused, stored improperly, or not cleaned in accordance with cleaning instructions.

2. Warranty - Soft Ballistic Component

2.1. The bullet/stab-resistant elements are warranted to perform to their NIJ-certified standard for a period of five years from the date of issue to the individual user, as verified by the warranty card.

2.2. The bullet/stab-resistant elements of this system have been tested and certified by the National Institute of Justice and passed the compliance requirements of the NIJ Standard for Ballistic Resistance of Personal Body Armor.

2.3. The ballistic elements are warranted to be of the same construction and design as the original NIJ certified model listed on the label.

2.4. During the warranty period, any soft ballistic component having a manufacturing or material defect, as determined through inspection by an authorized Point Blank representative, will be repaired or replaced at no cost to the customer.

2.5. During the warranty period, should the soft body armor ballistic panel cover be compromised (cut, torn or frayed); it should not be worn and immediately returned to the manufacturer for inspection and repair. If the damage is the result of normal wear and tear, the damage will be repaired free of charge. If however, the damage is the result of improper care, storage or abuse, determined solely by Point Blank, then Point Blank will advise the owner of recommended repair or replacement costs.

2.6. The ballistic/stab-resistant elements of this system will reduce the possibility of serious physical injury to the wearer in the areas covered by the ballistic or stab elements.

2.7. There should be no expectation of bullet or stab resistance in areas not covered by the ballistic or stab element. The ballistic or stab element is not warranted to be bulletproof or stab proof.

3. Warranty – Helmet, Ballistic Plate, Blade Plate and Ballistic Shield

3.1. The bullet/stab-resistant elements are warranted to perform to their NIJ-certified standard for a period of five years, (except as noted below), from the date of issue to the individual user, as verified by the warranty card. In the case of steel plates, the bullet/stab-resistant elements are warranted to perform to their NIJ-certified standard for a period of ten years from the date of issue to the individual user, as verified by the warranty card.

3.2. The bullet/stab-resistant elements of this system have been tested and certified by the National Institute of Justice and passed the compliance requirements of the NIJ Standard for Ballistic Resistance of Personal Body Armor, if soindicated.

3.3. The ballistic elements are warranted to be of the same construction and design as the original NIJ certified model listed on the label, if so indicated.

3.4. During the warranty period, any plate or ballistic shield having a manufacturing or material defect, as determined through inspection by an authorized Point Blank representative, will be repaired or replaced at no cost to the customer.

3.5. The ballistic/stab-resistant elements of this system will reduce the possibility of serious physical injury to the wearer in the areas covered by the ballistic or stab elements.

3.6. Should the helmet, blade plate, ballistic plate or shield be compromised, by misuse, drops, visible cracks, its use should be discontinued and immediately returned to the manufacturer for inspection.

If the damage is the result of normal wear and tear, the damage will be repaired free of charge. If however, the damage is the result of improper care, storage or abuse, determined solely by Point Docusign Envelope ID: 35C520C8-1DF3-472D-90C0-E0F07CCCB4BB

ATTACHMENT A
204

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CMS# 198468
Blank, then Point Blank will advise the owner of recommended repair or replacement costs.

3.7. There should be no expectation of bullet or stab resistance in areas not covered by the ballistic or stab element. The ballistic or stab element is not warranted to be bulletproof or stab proof. Refer to the warranty provided by the original equipment manufacturer (OEM) helmet, blade plate and single curve ballistic shield.

3.8. Point Blank warranty disclaimer: In the case of improper use of a ballistic item, Point Blank Enterprises assumes no liability for any injury to persons or damage to the ballistic item.

4. Point Blank will honor the above warranty for collective purchasing arrangements only when all entities involved have been identified and agreed upon by Point Blank Enterprises prior to purchase.

5. Warranty – OEM Products - Such products are sold by Point Blank “as is”. Unless noted otherwise, Point Blank makes no warranty or representation for such equipment.

6. This warranty does not cover and is void for:

6.1. Any garment, shield, plate or helmet altered or modified in any way other than Point Blank/ authorized factory alterations.

6.2. Any ballistic or stab element that has been altered or modified in any way other than Point Blank authorized factory alterations.

6.3. Any ballistic or stab element not in a Point Blank outer shell carrier, except as approved by Point Blank.

6.4. Damage as a result of abuse or misuse.

6.5. Damage as a result of improper storage or maintenance.

6.6. Penetrations as a result of ballistic or stabtesting.

6.7. The results of any specific ballistic or stabtesting.

6.8. Injury as a result of bullets or other projectiles or instruments not impacting the ballistic or stab element.

7. Saves Program - Should the bullet/stab resistant elements of a Point Blank system be damaged while preventing physical injury to the wearer, these components will be replaced free of charge by Point Blank.

The warranted items herein are expressly in lieu of other warranties, express or implied, including the implied warranties of merchantability, fitness for particular purpose and other warranties arising from a course of dealing, usage or trade. There are no warranties, express or implied, including the implied warranty of merchantability, which extend beyond the description on the face hereof. There are no warranties, express or implied, that extend beyond the warranty period set forth herein.

Docusign Envelope ID: 35C520C8-1DF3-472D-90C0-E0F07CCCB4BB

ATTACHMENT A
205
Exhibit B:

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

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

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

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

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

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

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

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

ATTACHMENT A
206
equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. 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.

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City of Stockton.

ATTACHMENT A
207
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

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

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

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

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

Verification of Coverage
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 All documents 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.

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202

ATTACHMENT A
208

ATTACHMENT A
209
Procedure
700
Stockton Police Department
Procedures Manual
Copyright Lexipol, LLC 2025/06/04, All Rights Reserved.

Published with permission by Stockton Police Department Department Owned and Personal Property - 1
Department Owned and Personal Property
Effective Date: August 9, 2024
Revised Date:

Issuing Authority:

Chief Stanley McFadden
700.1 SUPPLIED EQUIPMENT
Generally, the following equipment will be issued to sworn personnel by the Personnel Section:
(a) Baton Ring
(b) Body Armor Vest
(c) Citation Book Holder
(d) Double Magazine Pouch
(e) Handcuffs with Keys
(f) Long Baton
(g) Pepper Spray
(h) Pepper Spray Holder
(i) Pocket Notebook
(j) Radio Holder
(k) Duty Belt
(l) Duty Holster
(m) Flashlight with Charger/Holder
(n) Handcuff Case
(o) Ballistic Helmet
(p) Service Handgun/Ammunition
(q) SD1
(r) Whistle
(s) Department Keys
(t) Access Card
(u) Reflective Vest
Generally, the following equipment will be issued to uniformed civilian patrol personnel by the Personnel Section:
(a) Citation Book Holder

ATTACHMENT B
210
Stockton Police Department
Procedures Manual
Department Owned and Personal Property
Copyright Lexipol, LLC 2025/06/04, All Rights Reserved.

Published with permission by Stockton Police Department Department Owned and Personal Property - 2
(b) Duty Belt
(c) Flashlight with Charger
(d) Handcuffs with Keys
(e) Handcuff Case
(f) Pepper Spray
(g) Pepper Spray Holder
(h) Pocket Notebook
(i) Radio Holder
(j) Whistle
(k) Department Keys
(l) Access Card
(m) Rain Gear
(n) Reflective Vest
700.2 FILING CLAIMS FOR PERSONAL PROPERTY
The member must complete a Report of Damaged Clothing form (CS-60). The member must include the original cost of the item, the date of purchase of the item, and a description of the damage on this form. Three copies of this form shall be submitted to the employee's immediate supervisor along with the damaged item. The supervisor may require a separate written report of the loss or damage.

The supervisor shall forward the form and the item to the appropriate Division Commander.

The Division Commander will review the form and determine if the damage qualifies for reimbursement. If it does, the Division Commander will consult with the submitting member and determine the amount to be claimed for the damaged item. The form and item will then be forwarded to the Chief's Office. If the claim does not qualify for reimbursement, the Division Commander will review the circumstances with the submitting member. If the claim is denied by the Division Commander, the member has no further recourse.

The Chief of Police or designee shall review the claim and determine if the damage qualifies for reimbursement. If the Chief of Police or designee approves the claim, they will then forward the form and item to the Administrative Services Department. If the claim is denied by the Chief of Police or designee, the form and items shall be returned to the submitting member. The submitting member may request a meeting to discuss the denial. If the denial is due to a technical error in the form, the member should be given the opportunity to correct it and resubmit the claim.

The Administrative Services Department will make the final determination if a claim is approved or rejected. In either case, the member should seek return of the damaged item from them.

ATTACHMENT B
211
City of Stockton
Legislation Text
File #: 25-1079, Version: 1
APPROVE MOTION TO EXECUTE A FIVE (5) YEAR AGREEMENT WITH CELLEBRITE INC FOR DIGITAL FORENSIC TECHNOLOGY IN A TOTAL AMOUNT NOT TO EXCEED $245,431

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

1. Authorize the City Manager, or designee, to execute a five (5) year contract between the City of Stockton (City) and Cellebrite Inc. (Cellebrite) for the Stockton Police Department (SPD) forensic technology in an amount not to exceed $245,431; and

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

It is further recommended that the City Manager, or designee, be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
The Stockton Police Department (SPD) is seeking Council approval for an agreement with Cellebrite to provide digital forensic technology for the SPD. Cellebrite is the only company that can currently unlock both Apple and Android operating platforms. Other vendors specialize in one or the other, but not both. Cellebrite continually upgrades its software to keep up with the pace of the release of new operating systems. Without the equipment or software license to access the service, SPD cannot retrieve data that can be critically important in holding criminals accountable for their actions.

Cellebrite is the only vendor with the necessary tools and services SPD needs.

DISCUSSION
Background
SPD is consistently investigating crime within the City. Digital forensic technology has given SPD the ability to solve crimes in a more efficient and timely manner. It can access locked and encrypted devices, collect a volume of data, provide faster insights, and streamline the extraction to report process, allowing SPD to save valuable time within an investigation. Cell phone evidence has proven to be a critical component and key contributor in court proceedings time and time again. SPD had a Sole Source with Cellebrite for five years. Due to the higher volume of calls and cases, along with newer technology, SPD entered an informal contract with Cellebrite through the sole source justification (SSJ) process approved by the City Manager. No other company can perform digital City of Stockton Page 1 of 2 Printed on 10/9/2025
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File #: 25-1079, Version: 1
forensics on technology that the SPD requires, resulting in Cellebrite being the only vendor to accommodate the needs of the SPD.

Upon Council approval, staff recommends moving forward with the Cellebrite Quote Agreement to continue the services needed for operation of business (Attachment A).

Present Situation
SPD has a steady influx of investigations requiring the extraction of data from personal cell phones.

SPD has partnered with Cellebrite over the last six years.

In 2019, SPD surveyed the needed services, identifying Cellebrite as the only provider. The current SSJ was approved on November 10, 2020, for an estimated amount of $33,300 through November 16, 2025. A new SSJ, followed by the Cellebrite Quote Agreement not to exceed $245,431, will prevent any interruption in these essential services. Furthermore, by contracting with an outside vendor for this service, SPD can retrieve data that can be critically important in holding alleged criminals accountable.

Findings
Stockton Municipal Code section 3.68.070(A)(4) provides an exception to the competitive bidding process for sole source vendors in cases where the City Council has approved findings that support and justify the exception. The findings are as follows:

1. Cellebrite is the only vendor that can currently unlock both Apple and Android operating platforms.

2. Cellebrite can streamline the extraction all the way to a UFED Report, which is a standard in Forensics.

3. Contracting with Cellebrite will allow SPD to continue to process devices at a higher speed, allowing for more cases in less time, keeping the community safer with each case solved.

FINANCIAL SUMMARY
The total proposed cost for the five (5) year agreement with Cellebrite shall not exceed $245,431.

Funding for the Cellebrite agreement is available in the FY 2025-26 Police Department’s Investigations Division.

Attachment A - Cellebrite Quote Agreement
City of Stockton Page 2 of 2 Printed on 10/9/2025
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Cellebrite Inc.
8065 Leesburg Pike,
Suite T3-302
Vienna, VA 22182
USA
Tel. +1 800 942 3415
Fax. +1 201 848 9982
Tax ID#: 22-3770059
DUNS: 033095568
CAGE: 4C9Q7
Company Website:
http://www.cellebrite.com
Quote
Quote#: Q-476291-1
Date: Sep 17, 2025
Billing Information
Stockton Police Department
425 N. EL DORADO STREET
Stockton, California 95202-1997
United States
Contact: Jose Estrada
Phone: 209-937-5354
Delivery Information
José Estrada
22 E WEBER AVE 2ND FLOOR
STOCKTON, CA 95202-2305
United States
Contact: Jose Estrada
Phone: 209-937-5354
Wire To:

Check Remittance (Only for NA):

End Customer: Stockton Police Department
Click here to process with Credit Card payment
By clicking the link above and accepting this quote,
You are expressing your agreement and compliance to and with the terms contained on this quote.

Customer ID Good Through Payment Terms Currency Sales Rep SF-00062722 Nov 14, 2025 Net 30 USD Sawyer Whalen
# Product Code Product Name Qty Start Date End Date Net Price\Unit Net Price 1 B-CNR-05-003 Upgrade to Inseyets Online Pro 3 Nov 17, 2025 Nov 16, 2026 2 S-UFD-20-003 Inseyets Pro UFED Subscription 3 Nov 17, 2025 Nov 16, 2026 4,370.46 13,111.38 Relevant Serial Numbers for the above row: 1188465275, 1593172616, 1948436206 3 S-UFD-20-006 Inseyets Pro PA Subscription 3 Nov 17, 2025 Nov 16, 2026 3,990.42 11,971.26 Relevant Serial Numbers for the above row: 1188465275, 1593172616, 1948436206 4 F-UFD-06-005 Inseyets upgrade kit 3 1,282.64 3,847.92 5 U-AIS-05-001 2 Promotional Unlocks for Inseyets 1 Nov 17, 2025 Nov 16, 2026 0.00 0.00 6 S-UFD-04-059 Smart Translator (3 languages translation Promotion)
3 Nov 17, 2025 Nov 16, 2026 0.00 0.00
Number of Languages: 3
7 S-AIS-20-001 Inseyets Online Limited Unlocks subscription 40 Nov 17, 2025 Nov 16, 2026 280.28 11,211.20 SubTotal USD 40,141.76
Shipping & Handling USD 255.00
Sales Tax USD 3,635.71
Total USD 44,032.47
Comments:
5YR BUDGETARY SUB-TOTAL PRICING WITHOUT TAXES - Option years for Inseyets only and will not be invoiced automatically. This pricing is subject to change.

Quote Number: Q-476291-1
Prepared by Kristin Allen

Page 1 of 2 ends

ATTACHMENT A
214
**Pricing is only for the items listed on this quote and do not apply to additional purchases or any software upgrades that exceed the 5% increase each year**
Renewal 2026 Year 2 - $40,110.00 w/ Smart Translator(3) $42,868.00 Renewal 2027 Year 3 - $42,115.50 w/ Smart Translator(3) $45,011.40 Renewal 2028 Year 4 - $44,221.28 w/ Smart Translator(3) $47,261.97 Renewal 2029 Year 5 - $46,432.34 w/ Smart Translator(3) $49,625.07 Terms and Conditions:
- This Quote/Proforma Invoice/Tax Invoice, together with the terms and conditions and license agreement listed below that are incorporated by reference to this Quote/Proforma Invoice (together, the “Agreement”), constitute an offer by Cellebrite. By signing this the Quote/Proforma Invoice, issuing a purchase order (or other ordering document) in connection with this the Quote/Proforma Invoice, or downloading and/or using the products identified in this the Quote/Proforma Invoice/Tax Invoice, the customer agrees to be bound by the terms of this Agreement. Any additional or different terms or conditions contained in any customer document, purchase order or other ordering document will not be binding upon Cellebrite unless expressly accepted in a document signed by a Cellebrite authorized signatory. - Quote is subject to regulatory approval.
- Freight Terms: FCA (NJ)
- General: The following terms shall apply to any product at http://legal.cellebrite.com/us/index.html - EULA: All Cellebrite Software is licensed subject to the end user license agreement available at https://legal.cellebrite.com/End-UserLicense-Agreement.html - Advanced Services (CAS): The following terms apply to Cellebrite Advanced Services at https://legal.cellebrite.com/CB-us-us/index.html
- Premium and Inseyets Unlocks: The following terms shall apply only to Cellebrite Premium and Inseyets Unlocks at http:// legal.cellebrite.com/intl/PremiumUS.htm
- Pathfinder: The following terms apply to Cellebrite Pathfinder at https://legal.cellebrite.com/PF-Addendum.htm - Training Services: The following terms apply to Cellebrite Training Services at http://legal.cellebrite.com/intl/Training.htm - SaaS: The following terms apply to Cellebrite SaaS Services at https://legal.cellebrite.com/SaaS.htm - Endpoint SaaS: The following terms apply to Cellebrite Cellebrite Endpoint SaaS at https://legal.cellebrite.com/Endpoint-SAAS.html In the event of any dispute as to which terms apply, Cellebrite shall have the right to reasonably determine which terms apply to a given purchase order.

Please indicate the invoice number when remitting payment *SALES TAX DISCLAIMER: Cellebrite Inc. is required to collect Sales and Use Tax for purchases made from the following certain U.S.

States. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Where applicable, Cellebrite Inc. will charge sales tax unless you have a valid sales tax exemption certificate on file with Cellebrite Inc. Cellebrite Inc. will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you are exempt from sales tax, you must provide us with your sales tax exempt number and fax a copy of your sales tax exempt certificate to Cellebrite Inc.

Please include the following information on your PO for Cellebrite UFED purchase:
- Please include the ORGINAL QUOTE NUMBER (For example - Q-XXXXX) on your PO - CONTACT NAME & NUMBER of individual purchasing and bill to address - E-MAIL ADDRESS of END USER for monthly software update as this is critical for future functionality I, the undersigned, hereby confirm that I am authorized to sign this Quote/Proforma Invoice on behalf the customer identified above , and I hereby approve that my signature is legally binding upon the customer identified above.

Customer Name: Stockton Police Department
Signature: \s1\ Effective Date: \d1\
______/______/______
Name (Print): \n1\ Title: \t1\
Please sign and email to Kristin Allen at [email protected] Quote Number: Q-476291-1
Prepared by Kristin Allen

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Vendor Name: Cellebrite Inc
Signature:

Title:

Name (Print):

ATTACHMENT A
215
City of Stockton
Legislation Text
File #: 25-1106, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE GENERATOR INSTALLATION PROJECT

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

1. Appropriate funds in the amount of $2,954,535 from the Fleet Internal Service Fund Balance to the operating Fleet Internal Service Fund, Special Services Account.

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

3. Approve Notice of Exemption No. NOE30-25 under the California Environmental Quality Act for the Generator Installation, Project No. OM-25-108.

4. Award a Standard Agreement in the amount of $2,954,535 to Collin’s Electrical Company, Inc. of Stockton, CA, for the Generator Installation, Project No. OM-25-108.

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

Summary
The City is responsible for operating and providing critical support to residents during extreme weather conditions and rolling blackouts. Community Centers, Fire Stations, Emergency Communications Dispatch, and the Main Police Department (PD) Operations Building require uninterrupted power to maintain essential services during emergencies. The Generator Installation project will ensure a seamless transition to backup power during outages, allowing these facilities to operate without interruption. To date, 20 generators have been purchased with American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (Attachment A).

On August 6, 2025, the City re-advertised a Request for Proposals (RFP) for the Generator Installation, Project No. OM-25-108. On August 20, 2025, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Collin’s Electrical Company, Inc. of Stockton, CA, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Standard Agreement, in the amount of $2,954,535, with Collin’s Electrical Company, Inc. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE30-25 under the California Environmental Quality Act (CEQA) and appropriate funds for the project.

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DISCUSSION
Background
The City is responsible for ensuring continuous operational power during extreme weather conditions and rolling blackouts. Community Centers must remain fully functional as 24/7 heating and cooling centers provide critical support to residents. Similarly, Fire Stations, Emergency Communications Dispatch, and the Main PD Operations Building require uninterrupted power to maintain essential services, including phone lines and emergency notification systems used to dispatch personnel to emergencies. The replacement of the generators, along with the installation of automatic transfer hardware, will ensure a seamless transition to backup power during outages, allowing these facilities to operate without interruption. This is crucial for emergency response and public safety, as any disruption in power could delay vital communications and services. The new equipment will support improved preventative maintenance, enhancing the long-term performance and availability of the Fire Department and Police Department Operations facilities during critical events.

Public Works identified 14 emergency generators in need of replacement at various Fire Stations and the Main PD Operations Building. Generators were also evaluated at Arnold Rue Community Center, Stribley Community Center, and new City Hall. The New City Hall Renovations and Relocation project will be responsible for the installation of four generators and the automatic transfer switches as part of the project.

On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the ARPA Coronavirus State and Local Fiscal Recovery Funds to purchase various equipment, including generators and related equipment.

On August 20, 2024, by Resolution No. 2024-08-20-1233, Council approved the purchase of eight generators and automatic transfer switches for Fire Station Nos. 1, 2, 3, 4, 10, 11; Emergency Communications Dispatching; and Arnold Rue Community Center.

On November 12, 2024, by Resolution No. 2024-11-12-1223, Council approved the purchase of 12 generators and automatic transfer switches for Fire Station Nos. 5, 6, 7, 9, 12, 14; the Main PD Operations Building; and Stribley Community Center. The 20 generators have been purchased and are currently awaiting installation (Attachment A).

This project was previously advertised on April 28, 2025, and on May 21, 2025, three proposals were received. However, the project did not include the required Community Workforce Training Agreement (CWTA) language, as the estimated construction cost was more than $1 million.

Staff recommended that all proposals be rejected, and the project be readvertised.

On July 26, 2016, Council adopted a CWTA. The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost was more than $1 million.

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File #: 25-1106, Version: 1
Present Situation
On August 6, 2025, the City re-advertised an RFP for the Generator Installation, Project No. OM-25- 108. On August 20, 2025, two proposals were received from the following firms:
· Collin’s Electrical Company, Inc. (Stockton, CA)
· Western Machinery Electric (Benicia, CA)
The Selection Committee, comprised of Public Works’ staff, evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, equipment, and project approach. Collin’s Electrical Company, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15303 of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE30-25 under CEQA.

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

1. The City does not have the internal resources to perform generator installation services.

2. Generator installations involve specialized equipment and work that requires an experienced, qualified electrical contractor who has provided services of similar frequency and scope.

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

4. 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 $2,954,535 from the Fleet Internal Service Fund Balance to the operating Fleet Internal Service Fund, Special Services Account, there will be City of Stockton Page 3 of 4 Printed on 10/9/2025
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File #: 25-1106, Version: 1
sufficient funding to award a Standard Agreement to Collin’s Electrical Company, Inc. for the Generator Installation, Project No. OM-25-108.

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 - Location of Generators
City of Stockton Page 4 of 4 Printed on 10/9/2025
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Department Location Address Generator Size
Fire Fire Station 1 1818 S. Fresno St. XQ125
Fire Fire Station 2 110 W. Sonora St. XQ125Fire Fire Station 3 1116 First St. XQ125 Fire Fire Station 4 5525 Pacific Ave. XQ125
Fire Fire Station 5 3499 Manthey Rd. XQ125
Fire Fire Station 6 1501 Picardy Dr. XQ125
Fire Fire Station 7 1767 W. Hammer Ln. XQ125
Fire Fire Station 9 550 E. Harding Wy. XQ125
Fire Fire Station 10 2903 W. March Ln. XQ125
Fire Fire Station 11 1211 E. Swain Rd. XQ125
Fire Fire Station 12 4010 E. Main St. XQ125
Fire Fire Station 14 3019 McNabb St. XQ125
Fire Emergency Communications Dispatch 110 W. Sonora St. XQ125 Police Main PD 22 E. Market St. D500
CSD Arnold Rue 5758 Lorraine Ave. XQ330
CSD Stribley 1760 E. Sonora St. D500

LOCATION OF GENERATORS

ATTACHMENT A
220
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS, NOTICE OF EXEMPTION NO. NOE30-25, AND AWARDING A STANDARD AGREEMENT FOR THE GENERATOR INSTALLATION, PROJECT NO. OM-25-108
On August 6, 2025, the City re-advertised a Request for Proposals (RFP) for the Generator Installation, Project No. OM-25-108. Two proposals were received; and Community Centers, Fire Stations, Emergency Communications Dispatch, and the Main Police Department Operations Building require uninterrupted power to maintain essential services during emergencies. The project will ensure a seamless transition to backup power during outages, allowing these facilities to operate without interruption; and Collin’s Electrical Company, Inc. was determined to be the most qualified and highest ranked firm for this project. Staff negotiated a fee in the amount of $2,954,535 with Collin’s Electrical Company, Inc. for the Generator Installation, Project No. OM-25- 108; and
Appropriation of funds is needed in the amount of $2,954,535; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15303 of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the appropriation of funds in the amount of $2,954,535 from the Fleet Internal Service Fund Balance to the operating Fleet Internal Service Fund, Special Services Account.

2. The City Council approves the filing of Notice of Exemption No. NOE30-25 under the CEQA for the Generator Installation, Project No. OM-25-108, a copy which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council approves findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exemption to the competitive bidding process.

These findings include:
a. The City does not have the internal resources to perform generator 221
installation services.
b. Generator installations involve specialized equipment and work that requires an experienced, qualified electrical contractor who has provided services of similar frequency and scope.
c. Use of the RFP process is appropriate for this Standard Agreement because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide professional, responsive, and timely services, which is in the public interest. d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

4. The City Council awards a Standard Agreement between the City of Stockton and Collin’s Electrical Company, Inc., in the amount of $2,954,535, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED October 14, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
222
TO: COUNTY CLERK

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

CITY OF STOCKTON

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

PROJECT DATA
Project Title: Generator Installation, Project No. OM-25-108 CEQA Exemption File No.: NOE 30-25
Applicant: City of Stockton, Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be installing generators, ATS. and other associated equipment for sixteen emergency backup generators at the Police Department. various Fire Stations. and two Community Centers.

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

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

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

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ ....X The project is "Categorically Exempt" per CEQA Guidelines Section 15303.

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, ___lL_
therefore, CEQA does not apply.

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

CHAD REED, Deputy City Manager
Interim Public Works Director, Public Works Dept.

May 23. 2025
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

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

Signature Title
Posting Period Ending Date
EXHIBIT 1
223
EXHIBIT 2

CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number;

1. This Agreement is entered into between the City of Stockton ('City") and Collins Electrical Company, lnc. ("Contractofl) to provide Generator lnstallation, Project No. OM-25-108 as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ lN WITNESS WHEREOF, the authorized parties have executed this Agreement. ,reffireL

CONTRACTOR
Collins Electrical Company, lnc.

Co s Name ( other n an individual, state whether a corporation, partnership, etc.):

Signaturg
Printed Name and Title of
Date
3412 Metro Drive, Stockton, CA 952'15
ctw oF sTocKToN
Wliam Crew, Acting City Manager
ATTEST:

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

Lori M. Asuncion, City Attorney
BY
{Rev.08.14.25)

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - lnsurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Not Applicable
(e) Exhibit E - Compensation Schedule (fl Exhibit F-Timeline (g) Exhibit G - Community WorKorce and Training
Signing

Page 1 ends

224

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO MILLION NINE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED THIRTY-FIVE AND 00/100 DOLLARS ($2,954,535), 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:

GENERATOR INSTALLATION
(PROJECT NO. OM-25-108)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

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

EXHIBIT 2 Page 2 of 49
225
SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 3 of 49
226

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

That we, COLLIN’S ELECTRICAL COMPANY, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation,
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO MILLION NINE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED THIRTYFIVE AND 00/100 DOLLARS ($2,954,535), 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:

GENERATOR INSTALLATION
(PROJECT NO. OM-25-108)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work EXHIBIT 2 Page 4 of 49
227
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 Page 5 of 49
228

REQUEST FOR PROPOSALS (RFP)

FOR GENERATOR INSTALLATION
PROJECT NO. OM-25-108
Issued by:

City of Stockton
Public Works Department
Operations & Maintenance
1465 S. Lincoln St.

Stockton, CA 95206
DATE ISSUED: APRIL 28, 2025
OPTIONAL JOB WALKS 8:00 AM
FIRST JOB WALK: MAY 6, 2025
MEET AT: 1510 PACARDY DRIVE, FIRE STATION NO. 6
SECOND JOB WALK: MAY 7, 2025
MEET AT: 3499 MANTHEY DRIVE, FIRE STATION NO. 5
DATE PROPOSALS DUE: MAY 14, 2025, BY 2:00 PM

LATE SUBMITTALS WILL NOT BE ACCEPTED
EXHIBIT A EXHIBIT 2 Page 6 of 49
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2 1. INTRODUCTION
The City of Stockton (City) is soliciting proposals from qualified contractors to provide construction services to install emergency generators, ATS, and all other associated equipment at sixteen City facilities. The project includes, but is not limited to; installation of purchased generator and ATS, pouring of any padding/footings, pre-wiring for the equipment, re-wiring existing panels, load testing, removal of surplus/pre-existing generators, etc. Permits from the Air Resource Board have already been issued for all sixteen generator units.

2. BACKGROUND
The City has evaluated sixteen various City facilities in need of emergency backup power. Select Community Centers must remain open 24/7 during harsh weather, including blackouts, to serve the community; Fire Stations, ECD, and the Main Police Department must have working phone lines and emergency notification systems to assist citizens. Adding and/or replacing generators will enable automatic power transfers to these stations during outages, ensuring continuous operation. This upgrade will keep essential services, like emergency call notifications, functioning smoothly, ensuring prompt responses. The generator replacements also improve preventative maintenance, vital for the performance of Fire and Police facilities during critical events.

3. SCOPE OF WORK
The work provided herein consists, in general, of the installation of emergency generators, ATS, and all other associated equipment at sixteen City facilities. The following standards outline the scope of services and responsibilities required of the Contractor. The specifications outline the parameters of equipment needed, per location, and request the vendor to create an estimate of the work required.

Fleet is requesting upgrades and replacements of sixteen generators at various City facilities. The goal is for these generators to completely operate the house in the instances of emergency outages. The awarded contractor will be in charge, but is not limited to; installing unit, installation of a new ATS, pre-wiring the equipment, re-wiring existing panels, load testing, assistance with removing surplus/pre-existing generators and other equipment, disposing of all waste and equipment/tools that lack value, etc.

Please refer to Attachment A for locations and Attachment B for technical specifications.

4. PROJECT GENERAL INFORMATION
A. Proposal Submission
Proposals shall be submitted no later than 2:00 PM on May 14, 2025, to:

City of Stockton, Public Works
ATTN: Katrina Tavares
1465 S Lincoln St
Stockton, CA 95206
EXHIBIT A EXHIBIT 2 Page 7 of 49
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3 The proposal should be firmly sealed in an envelope which will clearly be marked on the outside with “GENERATOR INSTALLATION” for the City of Stockton (PROJECT NO. OM-25-108).

The cost proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted. An electronic copy of the proposal shall be emailed to Katrina Tavares at [email protected] and Analissa Nunez at [email protected]. The electronic submittal should not include the cost proposal.

B. Selection Schedule
Event
Advertise RFP
First Non-Mandatory Job Walk
Second Non-Mandatory Job Walk
Written Questions submitted by
Proposals due
Date
April 28, 2025
May 6, 2025, at 8:00 AM
May 7, 2025, at 8:00 AM
May 8, 2025
May 14, 2025, by 2:00 PM
C. Acceptance or Rejection of Proposals
The City reserves the right to negotiate an agreement with the firm submitting the highestranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

D. Proposals, Questions, and Requests for Clarification Any questions or requests for clarification shall be submitted in writing to:

[email protected].

Requests for clarification shall be submitted at least seven (7) business days prior to the proposal due date. If a response warrants an addendum to the RFP, such addendum will be posted on Bid Flash at least two days prior to the proposal due date. It is the proposer’s responsibility to check the website for any addendums or responses to questions. The website address is as follows:
https://www.stocktonca.gov/business/contracts___purchasing/bidflash/index.php E. Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:
a. Evidence of collusion among proponents.
b. Any attempt to improperly influence any member of the evaluation panel. c. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proponent’s proposal/Proponent’s bid submittal and considered non-responsive. d. A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
e. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

EXHIBIT A EXHIBIT 2 Page 8 of 49
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4 f. No person, firm, or corporation shall be allowed to make, file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

F. Licensing Requirements
• Contractor’s License – Contractor shall possess a valid California ‘Class C10 - Electrical’ Contractor’s license and maintain it throughout the duration of the contract. • Business License – A City of Stockton business license is not required to submit a proposal; however, one is required to perform any work within City limits. Contractor shall possess prior to execution of the contract and maintain throughout the duration of the contract, a valid City of Stockton business license. Please contact City of Stockton Business License Customer Services at (209) 937-8313.

G. Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment E, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

H. Local Business Preference
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1) I. Department of Industrial Relations
Please Refer to Attachment F, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.

J. Term of Contract
The term of contract shall be for six (6) months upon approval of the contract by the City Council for said work and the furnishing of said materials.

5. INSTRUCTIONS TO PROPOSERS (PROPOSAL REQUIREMENTS)
A. Introduction
EXHIBIT A EXHIBIT 2 Page 9 of 49
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5 Briefly introduce the proposal, including a statement of the Contractor’s approach to providing generator installation services for the City of Stockton.

B. Statement of Qualifications
Describe your company’s and staff experience in the field of generator installation services.

Provide a minimum of three (3) agencies that you currently have contracts with. Include references with contact names and phone numbers in each of these agencies.

A ‘Class C10 - Electrical’ Contractor’s license is required. Contractor must have 10 years of experience. Provide three (3) previous customer references to validate this minimum qualification.

C. Indemnity
To the fullest extent permitted by law, Vendor agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, against any claim, loss or liability, including without limitation claims for injuries or death to persons or damage to or destruction of property, caused by or resulting from the acts or omissions of Vendor, its officers, agents, employees or subcontractors, in the performance of this purchase order, or the beach by Vendor of any of its obligations under this purchase order.

D. Compensation; Schedule of Payment
The compensation to be paid and the method of payment to Vendor of goods and services shall be set forth herein. Unless otherwise provided herein, payment shall not be due until thirty (30) calendar days after the later to occur of the date performance under this contract is completed to the satisfaction of City and the date City receives an acceptable invoice. No payment shall represent a waiver of City’s right to inspect for defects. Unless otherwise provided herein, Vendor shall be responsible for all costs and expenses incident to the performance of this contract, including without limitation all costs of equipment provided by the Vendor, all fees, fines, licenses, bonds or taxes required of or imposed against Vendor, and all other Vendor’s costs of doing business.

E. Pricing
Submit the proposal fee under sealed, separate envelope. Do not include with the technical proposal response. Contractors shall include the Cost Proposal Form (Attachment E) with their proposal in a separated sealed envelope.

F. Proposal Scoring Criteria
Proposals will be selected using a “best value” methodology based on the following categories.

Refer to Attachment C for the Evaluation Scoring Sheet.

A. Scope of Services/Deliverables (25 Points). Points will be weighed considering the unit prices noted in the proposal.

B. Costs (35 Points). Points will be weighed considering the total costs of proposal.

EXHIBIT A EXHIBIT 2 Page 10 of 49
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6 C. License and Experience (20 Points). Experience in providing a superior level of service on like-sized public and/or private projects.

D. Quality of Work (10 Points). Assessments of work quality, performance, and working relationship by current and recent clients that indicate high levels of satisfaction and effectiveness. Please provide references of current and past clients that your firm has provided on-call services to.

E. Local Business Preference (10 points). Local preference in accordance with Stockton Municipal Code Section 3.68.090.

6. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for your review and submittal:

Attachment A – List of Locations
Attachment B – Generator Specifications
Attachment C – Evaluation Scoring Sheet
Attachment D – Bidder’s Reference Page
Attachment E – Cost Proposal Form
Attachment F – Instructions to Proposers
EXHIBIT A EXHIBIT 2 Page 11 of 49
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REV 2024-03-25
Exhibit B:

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

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

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

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

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

4. Surety Bonds as described below.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT B EXHIBIT 2 Page 12 of 49
235
REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

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

EXHIBIT B EXHIBIT 2 Page 13 of 49
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REV 2024-03-25

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

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

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT B EXHIBIT 2 Page 14 of 49
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REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT B EXHIBIT 2 Page 15 of 49
238
REV 2024-03-25
issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2 Page 16 of 49
239
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree EXHIBIT C EXHIBIT 2 Page 17 of 49
240
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
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 Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's EXHIBIT C EXHIBIT 2 Page 18 of 49
241
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24RM)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

EXHIBIT C EXHIBIT 2 Page 19 of 49
242

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
EXHIBIT C EXHIBIT 2 Page 20 of 49
243
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. 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.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

EXHIBIT C EXHIBIT 2 Page 21 of 49
244
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

EXHIBIT C EXHIBIT 2 Page 22 of 49
245
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

EXHIBIT C EXHIBIT 2 Page 23 of 49
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EXHIBIT D - NOT APPLICABLE

INTENTIONALLY LEFT BLANK
EXHIBIT D EXHIBIT 2 Page 24 of 49
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COST PROPOSAL FORM
ITEM
1 2
3 4
5 6

DESCRIPTION
Fire Station No. 1: 1818 Fresno Street
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 2: 110 W. Sonora Street
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

ECD: 110 W. Sonora Street
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 3: 1116 First Street
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 4: 5525 Pacific Avenue
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No.5: 3499 Manthey Road
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, rewiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

CECI Proposal valid for 120 days.

UNIT UNIT PRICE
LS $ 151,588.00
LS $ 167,992.00
LS $ 167,305.00
LS $169,110.00
LS $ 165,009.00
LS $167,974.00
EXHIBIT E EXHIBIT 2 Page 25 of 49
248
ITEM
7 8
9 10
11 12

DESCRIPTION UNIT UNIT PRICE
Fire Station No. 6: lS0l Picardy Drive
XQ125T4FlOOW 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re- LS $161,754.00 wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 7: 1767 W. Hammer Lane
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re- LS $ 171,631.00 wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 9: 550 E Harding Way
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re- LS $ 162,845.00 wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 10: 110 W. Sonora Street
XQ125T4FlOOW 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re- LS $167,460.00 wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 11: 1211 E Swain Road
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re- LS $166,745.00 wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Fire Station No. 12: 4010 E. Main Street
XQ125T4F100W 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring LS $167,777.00 equipment, re-wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

EXHIBIT E EXHIBIT 2 Page 26 of 49
249
ITEM
13 14
15 16
17 18
19 DESCRIPTION
Fire Station No. 14: 3019 McNabb Street
XQ125T4FlOOW 208v CAT Generator and 400A 120/208v 3P 4W ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re-wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Police Department: 22 E. Market Street
D500 C18T4F 480v Diesel Powered Generator and 800A ATS
• Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re-wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding (as necessary).

Stribley Community Center: 1760 E. Sonora Street
D500 C18T4F 480v Diesel Powered Generator and 800A ATS
• Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re-wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding and fencing (as necessary).

Arnold Rue Community Center: 5758 Lorraine Avenue
XQ330 202v Diesel Power Genset EPA/CARB Tier 4 Final and 1000A ATS • Pick up and transport new unit at Corp Yard (1465 Lincoln St), removal of existing and installation of new unit, new ATS, pre-wiring equipment, re-wiring existing panels, load testing, remove surplus/pre-existing unit & other equipment, disposal of waste/equipment/tools that lack value, etc., add padding and fencing (as necessary).

Building and Fire Permits for all locations
Provide portable Generators and/or backup power
Miscellaneous Costs

UNIT UNIT PRICE
LS $167,487.00
LS $ 186,180.00
LS $ 189,055.00
LS $179,123.00
LS $ NIA
LS $ 5,500.00
Fixed $240,000
PROPOSAL TOTAL: $ 2,954,535.00
EXHIBIT E EXHIBIT 2 Page 27 of 49
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!��!!§.

Elect1·ical Contractors Since 1928
3412 Metro Drive, Stockton, CA 95215 • Tel (209) 466-3691 • Fax (209) 466-3146

WORK PLAN
August 20, 2025
Attention:

Project:

City of Stockton Public Works Department Operations & Maintenance.

Generator Installation Project No. OM-25-108
Collins Electrical Company, Inc. is pleased to provide an Electrical Work Plan for the Generator installation project. Our plan has us starting September of 2025 per project specs and we plan to complete in February/March 2026. We will run two separate crews concurrently with an average of three electricians. Taking approximately 24 weeks in total for all 16 locations to substantial completion, Training, cleaning, and fully closing out each location as we go. Each site taking us approximately three weeks to finish and flowing right into the next. We plan to work with you and your agency and complete the most important projects first if there is any. We will make a list of order in which you would like the projects completed and compile a more in-depth Build Schedule that we can share with you and each agency on the list, so we can work with each location with the least amount of disturbance to the facility as possible ... Please review the tasks below for a general model of each location's construction timeline.

As stated, we can break out a more detailed timeline and project specific tasks when we compile our final Build Schedule of each location.

Week 1:
• Mobilize - 1 day
• Demolition - 3 days
• Rewire/Temp Provisions - I day
Week 2:
• Rough-In Electrical - 4 days
• Pickup and transport new generator and equipment from 1465 Lincoln St. - 1/2 day • Set Generator, Remove and dispose of old generator - 1 /2 day Week 3:
• Pull wire and terminations - 2 days
• Final testing, run, and load test electrical system. - 1 day • Training, demobilization, and final cleaning of site - I day Should you have any questions or ifwe may be of further assistance, please do not hesitate to call (209)466-3691.

Dustin
Sincerely,
�
Tarap
Estimator
Collins Electrical Co., Inc.

[email protected]

EXHIBIT F
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COMMUNITY WORKFORCE AND TRAINING

AGREEMENT

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

WHEREAS, the City adopts a five-year Capital Improvement Plan that identifies the public projects necessary to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City unde1takes and anticipates undertaking many of the projects identified in tl1e current and proposed Capital Improvement Plan and other City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has determined that applying the same Agreement to the Capital Improvement Plan and other public works construction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of various skills will be required in the perfonnance of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ("the Council") and employed by contractors and subcontractors who are signatory to agreements with said labor organizations; and WHEREAS, it is recognized that projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disrnption is substantial without an overriding commitment to maintain continuity of work; and 3238-0l?jj 1

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WHEREAS, the interests of the general public, the City and the Contrnctor(s)/Employer(s) would be best served if the construction work proceecled in an orderly mallllcr without disruption due to labor disputes; and
WHEREAS, the Contractor(s)/Emp!oyer(s) and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed 011 the construction projects subject to this Agt·eement in order to pl'omote a satisfactory, continuous and harmonious relationship among the parties to this Agreement; and
WHEREAS, imemployment rates In Stockton have been consistently higher than in California as a whole and statistics indicate that the higher unemployment level in Stockton com:lates to a higher number of families living in poverty and to a higher crime rate; and WffitREAS, due to the lack of jobs, much of the work fol'ce residing in Stockton is forced to commute long distances to find work, causing increased traffic, increased pollution, and other serious environmental impacts; and
WHEREAS, because of the sho1tage of local jobs, many residents of Stockton must leave for work very eal'ly in the moming and return late in the evening, often leaving children and teenagers alone and unsupervised during the clay; and
WHEREAS, absentee parents and unsupervised youth can result in increased problems for families, communlties, and the City as a whole; and WHli1REAS, the contracts for the construction of the projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and state, local and federal laws and regulations; and
WHEREAS, the City has Uie absolute right to select the lowest responsive and responsible bidder for the award of construction contracts on U1e projects; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Capital Improvement Plan pl'ojects and other major City public works projects that will be subject to this Agreement; and

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

ARTICLE I

DEFINITIONS

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

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

SCOPE OF AGREEMENT

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

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

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

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

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

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

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

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

2.7 Award ofConll'Ucts. It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed tlmt this Agreement shall be included in all invitations to bid 01· solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this Agreement.
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City of Stockton
Legislation Text
File #: 25-1108, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE PLAYGROUND AT LOCH LOMOND PARK

PROJECT

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

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

2. Approve Notice of Exemption No. NOE41-25 under the California Environmental Quality Act for the Playground at Loch Lomond Park, Project No. WP25029.

3. Approve the plans and specifications for the Playground at Loch Lomond Park, Project No.

WP25029.

4. Award a Construction Contract in the amount of $293,311.21 to Yosso Group, Inc. dba Specified Play Equipment Co. of Belmont, CA, for the Playground at Loch Lomond Park, Project No. WP25029.

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

Summary
The Public Works Department provides and maintains playground equipment at 60 parks and open space locations throughout the City. The project will install new playground equipment at Loch Lomond Park (Attachment A).

On February 11, 2025, the City advertised a Request for Proposals (RFP) for the Playground at Loch Lomond Park, Project No. WP25029. On March 19, 2025, seven firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Yosso Group, Inc. dba Specified Play Equipment Co. (SPEC) of Belmont, CA, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Construction Contract, in the amount of $293,311.21, to SPEC. It is also recommended that Council adopt a resolution approving Notice of Exemption NOE41-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project (Attachment B).

Construction is anticipated to begin and be completed by spring 2026, weather permitting.

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DISCUSSION
Background
Public Works provides and maintains playground equipment at 60 parks and open space locations throughout the City. Staff inspect playground equipment on a regular basis and arrange for repairs and replacements of deteriorated or vandalized components as funding becomes available.

On July 9, 2024, by Resolution No. 2024-07-09-1508, Council allocated funding for Council priority projects, including $300,000 to the Playground at Loch Lomond Park, Project No. WP25029.

In October 2023, half of the existing playground equipment at Loch Lomond Park was removed due to vandalism. The project will remove the remainder of the play equipment and install new playground equipment at Loch Lomond Park (Attachment A).

Present Situation
On February 11, 2025, the City advertised an RFP for the Playground at Loch Lomond Park, Project No. WP25029. On March 19, 2025, seven proposals were received from the following firms:
· Creative Recreational Systems, Inc. (Folsom, CA)
· Kompan California, Inc. (Rancho Santa Margarita, CA)
· Miracle Construction Co., Inc. dba Miracle Playsystems (Alamo, CA) · Park Associates, Inc. dba Park Planet (Red Bluff, CA) · PlayCore Wisconsin, Inc. dba GameTime (Fort Payne, AL) · Yosso Group, Inc. dba Specified Play Equipment Co. (Belmont, CA) · Zoom Recreation (Irvine, CA)
The Selection Committee, comprised of Public Works and Community Services staff, evaluated and ranked all proposals based on the playground’s overall play value, safety and accessibility, site compatibility, design, and cost. SPEC received the highest ranking, based on the noted criteria, and was determined to be the most qualified and highest ranked firm for this project.

It is recommended that Council approve the plans and specifications (Attachment B), and award a Construction Contract to SPEC of Belmont, CA, in the amount of $293,311.21, for the Playground at Loch Lomond Park, Project No. WP25029.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(d) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE41-25 under CEQA.

Construction is anticipated to begin and be completed by spring 2026, weather permitting.

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File #: 25-1108, Version: 1
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

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

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

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

FINANCIAL SUMMARY
There is sufficient funding available in the Playground at Loch Lomond Park, Project No. WP25029, to award a Construction Contract to SPEC in the amount of $293,311.21.

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

Attachment A - Vicinity Map
Attachment B - Playground Renderings
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H
ULV

ACAPULCO
S

WY DUNBARTON WY

MACDUFF AV

KENNEDY
ISCA
A CT
OSA

ANTONIO

MCKELVEY AV

EL DORADO ST

GALLOWAY DR

PATRICIA AV

ELEMENTARY

STIRLING CT

MARTINIQUE

GLENCANNON S
B CT

MOSHER SLOUGH

LOCH LOMOND PARK

ORLEANS
CT A
RA

L TORO WY
OLI

NORMANDY

SAN FER

DUNDEE WY

SANTA PAULA

PALOMA AVSKYE DR

HIGHMOOR AV KINROSS WY

ONCE DE LEON AV
CT B

SAN MIGUEL AV
L CT
L OR

WHITBURN

00.0150.03 0.06 0.09 0.12
µ
Miles

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

PROJECT LOCATION
LEGEND
Parks
Project Location
8477 N El Dorado St, Stockton, CA 95210

ATTACHMENT A
Playground at Loch Lomond Park, Project No. WP25029
SEP
SAN

EL DORADO ST
DO ST
276

ATTACHMENT B
277

ATTACHMENT B
278
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE41-25,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE PLAYGROUND AT LOCH LOMOND PARK, PROJECT NO. WP25029
On February 11, 2025, the City advertised a Request for Proposals (RFP) for the Playground at Loch Lomond Park, Project No. WP25029. Seven proposals were received; and
The project will install new playground equipment at Loch Lomond Park; and Yosso Group, Inc. dba Specified Play Equipment Co. (SPEC) was determined to be the most qualified and highest ranked firm for this project. Staff negotiated a fee in the amount of $293,311.21 with SPEC for the Playground at Loch Lomond Park, Project No.

WP25029; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(d) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exception to the competitive bidding process.

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

2. The City Council approves the filing of Notice of Exemption No. NOE41-25 279
under the CEQA for the Playground at Loch Lomond Park, Project No. WP25029, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Council approves the plans and specifications for the Playground at Loch Lomond Park, Project No. WP25029.

4. The City Council awards a Construction Contract between the City of Stockton and SPEC, in the amount of $293,311.21, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED October 14, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
280
TO: COUNTY CLERK

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

CITY OF STOCKTON

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

PROJECT DATA
Project Title: Playground at Loch Lomond Park, Project No. WP25029 CEQA Exemption File No.: NOE 41-25
Applicant: City of Stockton, Public Works Department
Project Description/Location: The City of Stockton's Public Works Department's Project will install new playground equipment at Loch Lomond Park, which is APN 079-4 70-01 ..

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

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

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

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ � The project is "Categorically Exempt" per CEQA Guidelines Section 15301(d).

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

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
By ctr:

Colin Scott, Parks Manager
July 29, 2025
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

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

Signature Title
Posting Period Ending Date
EXHIBIT 1
281
Local Construction Contract – YOSSO GROUP INC. DBA SPECIFIED PLAY EQUIPMENT CO., PROJECT NO. WP25029 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between YOSSO GROUP INC., DBA SPECIFIED PLAY EQUIPMENT CO., a STATE OF CALIFORNIA CORPORATION, with a business address at 121 #1 INDUSTRIAL ROAD, BELMONT, CA 94002, 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 PLAYGROUND AT LOCH LOMOND PARK (PROJECT NO. WP25029), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on ___ ________ , by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $293,311.21, or as otherwise mutually agreed to in a Contract Change Order.

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

EXHIBIT 2 Page 1 of 38
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Local Construction Contract – YOSSO GROUP INC. DBA SPECIFIED PLAY EQUIPMENT CO., PROJECT NO. WP25029 (Updated 10/18/23)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

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

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

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

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

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

Page 2 of 38 ends

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Local Construction Contract – YOSSO GROUP INC. DBA SPECIFIED PLAY EQUIPMENT CO., PROJECT NO. WP25029 (Updated 10/18/23)
insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 30 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 2 Page 3 of 38
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may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2

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and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 2

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any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

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

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 2 Page 6 of 38
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Local Construction Contract – YOSSO GROUP INC. DBA SPECIFIED PLAY EQUIPMENT CO., PROJECT NO. WP25029 (Updated 10/18/23)
first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

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

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

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under EXHIBIT 2 Page 7 of 38
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investigation for the purpose of determining compliance with this requirement.

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

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

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

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

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: WILL CREW

ACTING CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

YOSSO GROUP INC., DBA
SPECIFIED PLAY EQUIPMENT CO.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

EXHIBIT 2 Page 8 of 38
289
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
YOSSOGROUP INC. DBA SPECIFIED PLAY

EQUIPMENT CO
121 #1 Industrial Road
Belmont, CA 94002
6508635006
www.specplay.com

ADDRESS SHIP TO
City of Stockton Public Works
Dept, Parks
1465 S Lincoln St
Stockton, CA 95206
City of Stockton Public Works
Dept, Parks
1465 S Lincoln St
Stockton, CA 95206
Estimate 3707
DATE 08/26/2025
EXPIRATION DATE 10/31/2025
TRACKING NO. DEPOSIT DUE NOW PROJECT MANAGER
Loch Lomond Park WP25029 Loch Lomond Park Chris Olsen

ACTIVITY QTY RATE AMOUNT
BCI Burke Equipment
Burke Equipment per Design 137-198164-4
with safety signs included
1 131,969.00 131,969.00T
Discount 1 -4,000.00 -4,000.00T
Receive and Offload
Offload and Storage of all Equipment By
Installer
1 5,527.00 5,527.00
Site Work
Stockpile and Reinstall existing EWF
estimated at 85 CY
1 6,035.00 6,035.00
Demolition
Demo Disposal of Existing Benches (2) and
Existing Playground Equipment and Footers
1 5,510.00 5,510.00
Installation Service
Installation of Equipment per design
137-198164-4 to manufacturer inground
recommendations through soil. Footing spoils
disposed off-site. Installation of (2 ) SM
Benchs included
1 70,380.00 70,380.00
Protective Safety Surfacing Installation
EWF to meet ASTM/CPSC requirements,
estimated 75 c/y
1 6,675.00 6,675.00
EXHIBIT A EXHIBIT 2 Page 9 of 38
290
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002

ACTIVITY QTY RATE AMOUNT
Field Inspection
3rd Party CPSI Inspection in both areas (2-5
and 5-12)
1 2,312.00 2,312.00
Demolition
Demo Disposal of existing Concrete borders,
ADA ramp, and sidewalk as per plan ~80 LF
+ 240 SF
1 10,871.00 10,871.00
Site Work
Excavation and Disposal of existing lawn and
native soils to 12" depth. ~ 1333 SF
1 9,658.00 9,658.00
Site Work
New ADA Access Ramp into play box
1 7,830.00 7,830.00
Site Work
New Concrete containment for expanded
box. ~ 76 LF
1 11,183.00 11,183.00
Freight
Freight and packaging
1 7,925.00 7,925.00
Bonding
Payment and performance bond
1 9,919.00 9,919.00
PLEASE NOTE:
-Lead Time estimated at: 6-8 weeks
-Burke Generations Warranty (non-prorated,
best in industry) included.
-Safety Signage included
-Payment/Performance Bond included
-Capping and Re-reroute of irrigation by City
-Temp Fence supplied by City
-Prevailing Wage used for all construction
line items.
-Approved colors required at time of order
ACCEPTANCE By signing below, you acknowledge and agree
to our estimate, contract, exclusions, conditions, payments, and Terms and Conditions attached shall comprise to be the
Agreement. The values shown above represent a specific
scope; no other work should be assumed unless specifically noted in the text of the above line items.

TERMS: Client must pay 50% of the equipment listed in the Estimate amount within 5 calendar days of invoicing. Client must pay remaining balance of all equipment on or before its delivery. Client must pay the balance of the entire Estimate and/or CO within 30 calendar days of notice by SPEC that Project is Complete.

Failure to pay any amount when due shall cause interest to begin to accrue at 12% per annum on the entire unpaid amount of the Agreement. Any late payment will cause Client being responsible for a 2% late fee on any late payment. Any action SUBTOTAL 281,794.00
TAX 11,517.21
EXHIBIT A EXHIBIT 2 Page 10 of 38
291
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
by SPEC to enforce collection of Agreement amount owed, Client must pay all attorney fees and costs.

TOTAL USD 293,311.21
Accepted By Accepted Date
EXHIBIT A EXHIBIT 2 Page 11 of 38
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SPEC has signified SPEC’s willingness to erect the Project, is defined as the structure identified to be constructed in the Estimate in accordance with the drawings and specifications attached to this Agreement and signed by SPEC and Client, and in accordance with the conditions and for the consideration set forth below and the attached Estimate. Hereinafter SPEC and Client are jointly referred to as “Parties” or “Party”.

It is agreed between the parties, in consideration of their mutual agreements, as follows:

1. SPEC agrees:

A. To furnish all the materials and perform all the work for the erection of the Project in accordance with the plans and specifications prepared by SPEC, signed by Client, and attached to this Agreement as Estimate and made a part of this Agreement.

B. To maintain insurance to protect SPEC from claims
under worker’s compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this Agreement, whether such operations be by SPEC or by any subcontractor or anyone directly or indirectly employed by either of them. No other insurance is expected or maintained by SPEC unless specifically stated in this Agreement or Estimate.

C. Bonds. SPEC is not required to maintain a Bond unless specifically stated in the Estimate.

D. That Client may make any alterations, deviations,
additions or omissions from the plans and specifications, or either of them, which SPEC shall deem proper, by a written order “Change Order” signed by all necessary parties and approved by Client, without affecting or making void this Agreement and in all such cases Client shall appraise such alterations, and add to or deduct from the amount agreed to be paid to SPEC any excess or deficiency occasioned by such alterations. In case any alterations or deviations are made, such further time may be allowed for completion of the work caused by the alterations or deviations as SPEC shall decide to be reasonable.

If SPEC should be adjudged a bankrupt, or if SPEC
should make a general assignment for benefit of SPEC creditors, or if a receiver should be appointed on account of SPEC insolvency, or if SPEC should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if SPEC should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the architect, or otherwise be guilty of a substantial violation of any provision of the contract, Client, that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving SPEC 30 days written notice, terminate the employment of SPEC and take possession of the Project and of all materials, tools and appliances in the Project.

2. The Client agrees:

A. Client understands and agrees no other work should be assumed to be done by SPEC unless specifically expressed in the Estimate and/or the Terms and Agreement. This includes but not limited to, SPEC does not have the responsibility for: offloading equipment, removal of packaging, project security, landscape and hardscape repair, delays due to conflicts, removal of spoils, locating underground, utilities, pipes, obstructions, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, soil samples.

B. To pay the SPEC for the performance of this Agreement, subject to additions and deductions provided in this Agreement, in current funds as provided in the Estimate. Where quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to Client or SPEC, there shall be an equitable adjustment of this Agreement to prevent such hardship. The Client shall make payments on account of this Agreement, which includes the Estimate.

C. SPEC is not responsible for but not limited to Union Agreements or Project Labor Agreement.

D. To give all requisite notices to the proper authorities, obtain all official inspections, permits, certificates and licenses made necessary by the work in SPEC Estimate, and pay all proper and legal fees.

E. Deliverables, Objectives, and Project Phases. Each
Estimate will describe the deliverables, objectives, or project phases that SPEC must complete. The completion of each
deliverable, objective, or project phase is subject to review by Client. If a payment is contingent upon SPEC completing a deliverable, objective, or project phase, then the payment will not be due until Client provides written acceptance of completion.

F. Change Requests. Client request changes to the scope of the Project by sending a written request to SPEC (“Change Request”). Within ten (10) days after receiving a Change Request, SPEC will review the Change Request and notify Client in writing of any financial or schedule change required to implement the Change Request. The Change Request will not be binding unless agreed to in writing by both parties. If Client agrees to pay SPEC’s additional fees to make the changes, then SPEC may not refuse to accept the Change Request.

G. Ownership of Developed Intellectual Property. All
documents, including original drawings, estimates, specifications, field notes, and data are and remain the property of SPEC as instruments of service. SPEC shall grant Client a perpetual, nonexclusive, irrevocable license to a set of reproducible record prints of drawings and copies of other instruments of service for Client’s use in connection with the Project, for future renovations, repairs, maintenance, or operations related to the Project, and for the limited purpose of Client’s development and/or marketing efforts, including, but not limited to, communications with potential donors and other funding sources. SPEC shall not be responsible EXHIBIT A EXHIBIT 2 Page 12 of 38
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Page 2 of 3 ends

for any modifications to the Project made by Client or Client’s representatives using SPEC’s Instruments of Service. Reuse for new projects shall require the prior, express, and written permission of SPEC and shall entitle SPEC to further
compensation at a rate to be agreed on by Client and SPEC.

H. Conflicting Contractual Obligations. Client warrants that Client will be free, as of the date of the performance by SPEC of any services pursuant to this Agreement, of any contractual obligations that would prevent Client from having the services performed by SPEC, and that SPEC’s offer or agreement to the Project in no way caused or induced Client to breach any existing contractual obligations.

E. Client Review of Work Product. Client shall review all reports and data submitted by SPEC within ten (10) days following delivery and shall notify SPEC in writing of any discrepancies or deficiencies contained in the material.

F. Access To Premises. Client must provide constant
access to the Premises to include but not limited to workmen, materials, tools, and equipment. SPEC is not responsible for grades, stable, compacted, underground obstacles (pipes, wiring, rocks and so forth) and workable, rough grade to be taken plus or minus one tenth of one inch.

3. Indemnification.

A. General Indemnification. SPEC will defend and
indemnify Client, its subsidiaries and affiliates, and their respective officers, directors, agents and employees (collectively, the “Client Parties”) against all third party claims, demands, suits, or actions (collectively “Claims”) brought against any of the Client Parties, and pay reasonable damages, costs, losses, liabilities and expenses (including reasonable attorney’s fees) incurred by any of the Client Parties as a result of such Claims, to the extent arising from SPEC’s, or its employee’s or agent’s: (a) willful misconduct; or (b) breach of any provision of this Agreement or any Change Request.

B. Indemnification Notification and Procedure. Client will promptly notify SPEC of any claims or potential Claims and give SPEC reasonable assistance in the defense of the Claim. Client will not take any action that impairs SPEC’s defense of the Claim.

SPEC may not, without Client Party’s written consent, settle a claim or stipulate to the entry of a judgment in any manner that admits liability of a Client Party or imposes any obligation on such indemnified party.

4. Miscellaneous:

A. If SPEC be delayed at any time in the progress of the work by any act or neglect of Client, or of any employee of either, or by any other contractor employed by Client, or by changes ordered in the work, or any claim under Force Maj Majeure ore clause below or by any cause which SPEC shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as SPEC may decide.

B. The parties intend that SPEC, in performing services specified in this Agreement, shall act as an independent contractor and shall have complete control of the work and the manner in which it is performed. SPEC shall be free to contract for similar services to be performed for other customers while supplier is under contract with Client. SPEC is not to be considered an agent or employee of Client and is not entitled to participate in any pension plans, or in bonus, stock, or similar benefits that Client provides for its employees.

C. The personnel furnished pursuant to this Agreement will be, and remain, employees of SPEC, and SPEC will exercise complete control over their conduct and will pay all wages, expenses, social security taxes, federal and state unemployment insurance, and any similar taxes relating to the employees.

D. LIMITATION OF LIABILITY. IN NO EVENT

SHALL SPEC BE LIABLE TO CLIENT OR TO ANY OTHER

PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST

PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED

AND UNDER ANY THEORY OF LIABILITY, WHETHER

BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHER THEORY OF LIABILITY, REGARDLESS OF

WHETHER CLIENT WAS ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES AND NOTWITHSTANDING THE

FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. IN NO EVENT SHALL SPEC’S LIABILITY

ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT EXCEED THE AMOUNTS PAID BY CLIENT

TO SPEC UNDER THIS AGREEMENT FOR THE SERVICES,

DELIVERABLES OR INVENTION GIVING RISE TO SUCH
LIABILITY.

E. Assignability. This Agreement will be binding upon
Client’s heirs, executors, assigns, administrators, and other legal representatives, and will be for the benefit of the Client, its successors, and its assigns. There are no intended third-party beneficiaries to this Agreement, except as expressly stated.

Except as may otherwise be provided in this Agreement, Client may not sell, assign or delegate any rights or obligations under this Agreement. Notwithstanding anything to the contrary herein, Client may assign this Agreement and its rights and obligations under this Agreement to any successor to all or substantially all of Client’s relevant assets, whether by merger, consolidation, reorganization, reincorporation, sale of assets or stock, change of control or otherwise.

F. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties.

Client represents and warrants that Client is not relying on any statement or representation not contained in this Agreement. To the extent any terms set forth in any Estimate or Change Request conflict with the terms set forth in this Agreement, the terms of this Agreement shall control unless otherwise expressly agreed by the Parties in such Estimate or Change Request.

EXHIBIT A EXHIBIT 2 Page 13 of 38
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G. Severability. If a court or other body of competent
jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.

H. Modification, Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the Parties. Waiver by the Client of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.

I. Notices. Any notice or other communication required or permitted by this Agreement to be given to a Party shall be in writing and shall be deemed given (i) if delivered personally or by commercial messenger or courier service, (ii) when sent by confirmed facsimile, or (iii) if mailed by U.S. registered or certified mail (return receipt requested), to the Party at the Party’s address written below or at such other address as the Party may have previously specified by like notice. If by mail, delivery shall be deemed effective three business days after mailing in accordance with the address stated on the Estimate. The address of a Party to which notices, or other communications shall be mailed may be changed from time to time by giving written notice to the other Parties.

J. Attorneys Fees & Costs. In any court, mediation,
arbitration, action at law or equity that is brought by one of the Parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that Party may be entitled.

K. Signatures. This Agreement may be signed in two
counterparts, each of which shall be deemed an original, with the same force and effectiveness as though executed in a single document.

L. Force Majeure. Neither Party to this Agreement shall be liable to the other for any loss, cost, or damages, arising out of, or resulting from, any failure to perform (contract shall be allowed to be extended by SPEC pursuant to Section 4.A. of this Agreement) in accordance with the terms of this Agreement where the cause of such failure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, riots, governmental action, explosions, fire, floods, strikes, pandemics or any other unforeseeable cause not within the reasonable control of either party (collectively referred to herein as “Force Majeure Event”). A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by either party.

Notwithstanding the foregoing, any party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event.

Each party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.

5. Optional Services. SPEC may be able to assist Client in other services in connection, however this Agreement, specifically exclude these services unless Client enters a separate written and signed agreement with Client.

A. Structural Design Engineer (“SDE”). Client
acknowledges and understands that the structure being built is a prefabricated, pre-engineered, assembled onsite solution. In certain jurisdictions, the footers may require a local licensed structural engineer to seal and stamp the manufacturer
recommended footers based on the local soil conditions. Client is responsible to get obtain a local SDE to provide any certifications required.

Client, acknowledges and understands that SPEC is not
responsible for paying for the SDE. This is a separate cost paid by client directly to SPEC. Should Client wish to utilize SPEC’s consulting services to identify and retain SDE, this will be a separate cost on a per project basis. Should Client wish to retain SPEC’s consulting services for this specific service, Parties will agree in a signed writing that Client is seeking SPEC’s assistance to provide this service. SPEC will provide Client with a Retainer Amount to be paid prior to services start. Said retainer will be billed against by SPEC. Any unused portion of the retainer will be refunded. Additionally, should the retainer be insufficient, Client agrees to replenish upon request by SPEC.

B. Permits or Equivalent. Client, acknowledges and
understands that it is the Client’s responsibility to secure all permits or equivalent associated with the installation of the Project. Further SPEC is not responsible for any application or other submittals to the Accessibility at the Department commonly referred to as the “DSA”.

EXHIBIT A EXHIBIT 2 Page 14 of 38
295
Construction Line Item:

Offload and Storage of all Equipment By Installer 1 Day Temp Fence for duration of project 1 Day
Stockpile Existing EWF for Re-Use 1 Day
Demo Disposal of Existing Equipment 1 Day
Installation of Equipment per design 137-197244-1 to manufacturer inground recommendations through soil. Footing spoils disposed off-site. Installation of (2) SM Benches and Cornhole Boards included. 16 Days Additional EWF to meet ASTM/CPSC requirements, estimated 25-35 c/y 1 Day
3rd Party CPSI Inspection in both areas (2-5 and 5-12)
1 Day
Installation Estimated Total: 22 Days
Equipment Manufacturing: 5-7 Weeks
Equipment Shipping {Dedicated Truck) 2-3 Days
EXHIBIT A EXHIBIT 2 Page 15 of 38
296
Exhibit B:

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

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

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

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

4. Surety Bonds as described below.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT B EXHIBIT 2 Page 16 of 38
297
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

EXHIBIT B EXHIBIT 2 Page 17 of 38
298

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT B EXHIBIT 2 Page 18 of 38
299
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.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT B EXHIBIT 2 Page 19 of 38
300
issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2 Page 20 of 38
301
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C EXHIBIT 2 Page 21 of 38
302
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 22 of 38
303
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C EXHIBIT 2 Page 23 of 38
304
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2 Page 24 of 38
305
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

EXHIBIT C EXHIBIT 2 Page 25 of 38
306
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2 Page 26 of 38
307
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2 Page 27 of 38
308
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 28 of 38
309
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2 Page 29 of 38
310
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2 Page 30 of 38
311
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2 Page 31 of 38
312
EXHIBIT C EXHIBIT 2 Page 32 of 38
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EXHIBIT C EXHIBIT 2 Page 33 of 38
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EXHIBIT C EXHIBIT 2 Page 34 of 38
315

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a corporation,
organized and existing under the laws of the State of
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO HUNDRED NINETY-THREE THOUSAND THREE HUNDRED ELEVEN DOLLARS AND 21/100 DOLLARS ($293,311.21), 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:

PLAYGROUND AT LOCH LOMOND PARK
(PROJECT NO. WP25029)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

Page 35 of 38 ends

and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2

Page 36 of 38 ends

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

That we, YOSSO GROUP, INC., DBA SPECIFIED PLAY EQUIPMENT CO., a STATE OF CALIFORNIA CORPORATION, as Principal and
, corporation, organized and existing under the laws of the State of EXHIBIT 2
and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED NINETY-THREE THOUSAND THREE HUNDRED ELEVEN DOLLARS AND 21/100 DOLLARS ($293,311.21), 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.

PLAYGROUND AT LOCH LOMOND PARK
(PROJECT NO. WP25029)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work

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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.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2

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City of Stockton
Legislation Text
File #: 25-0927, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE EQUINOA PARK PHASE II PROJECT

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

1. Approve Notice of Exemption No. NOE12-23 under the California Environmental Quality Act for the Equinoa Park Phase II, Project No. WP13173.

2. Approve the plans and specifications for the Equinoa Park Phase II, Project No. WP13173.

3. Award a Construction Contract in the amount of $2,262,156.84 to Odyssey Environmental Services, Inc. of Lodi, CA, for the Equinoa Park Phase II, Project No. WP13173.

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
Equinoa Park is located at 9499 Glacier Point Drive and is a master-planned community park of approximately 14 acres. Equinoa Park Phase I was completed in 2004 and constructed six of the total 14-acre park site (Attachment A). The Phase II park design includes dual-purpose soccer/softball field improvements, lighting, meandering concrete pathways, benches, trash receptacles, turf, and water-wise landscaping. The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).

On June 26, 2025, the City received five bids for this project. It is recommended that Council award a Construction Contract to the lowest responsible bidder, Odyssey Environmental Services, Inc., in the amount of $2,262,156.84. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE12-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in November 2025 and be completed by June 2026, weather permitting.

DISCUSSION
Background
Equinoa Park is located at 9499 Glacier Point Drive and is a master-planned community park of approximately 14 acres. Construction of the park was planned in two phases to coincide with the development build-out and available funding. Phase I was six acres, and Phase II will develop the remaining eight acres. The original master plan and Phase I design for Equinoa Park was completed City of Stockton Page 1 of 3 Printed on 10/9/2025
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in 2004, with construction completed in 2008. Phase I park improvements included a playground, tennis and basketball courts, restrooms, parking, picnic, and other park amenities. More residential development progressed in the neighborhood, and the City commenced with Phase II design plans for Equinoa Park. Phase II project plans were completed in 2012, but the project did not progress to construction because of funding limitations. Staff believes sufficient Public Facility Park funding is now available to support construction of Equinoa Park Phase II. The project was included in the 2022 -27 Five-Year CIP.

Recently, favorable bid pricing has been received on park improvement projects. Staff believes that the existing funding programmed for Equinoa Park will be sufficient for construction. On December 27, 2023, the City retained Callendar Associates to update the 2012 Phase II park plans to current standards and prepare the special provisions and estimate for the construction of the project. The Phase II park design includes dual-purpose soccer/softball field improvements, lighting, meandering concrete pathways, benches, trash receptacles, turf, and water-wise landscaping. The plans, specifications, and estimate were completed, and the project was advertised on May 27, 2025.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million. Staff has verified there are no funding restrictions.

Present Situation
On May 27, 2025, the Equinoa Park Phase II, Project No. WP13173, was advertised for bids. On June 26, 2025, five bids were received with the following results:

ADJUSTED BID ADD ALT 1 ADD ALT 2 TOTAL BID
COMPANY NAME BASE BID AMOUNT_____ AMOUNT_ AMOUNT_ AMOUNT__ Odyssey Environmental $2,167,445.96 $2,124,097.04 $ 94,710.88 $269,850.00 $2,532,006.84 Services, Inc.
(Lodi, CA)
McFadden $2,435,019.00 $2,313,268.05 $112,000.00 $363,540.00 $2,910,559.00 Construction, Inc.
(Stockton, CA)
Dirt Dynasty, Inc. $2,460,000.00 $2,410,800.00 $150,000.00 $350,000.00 $2,960,000.00 (Farmington, CA)
Brightview Landscape $2,750,588.00 $2,750,588.00 $106,126.00 $209,176.00 $3,065,890.00 (Sacramento, CA)
Frontline General $2,924,656.00 $2,924,656.00 $104,824.00 $247,125.00 $3,276,605.00 Engineering
(Lorenzo, CA)
Engineer’s Estimate $3,669,130.00
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The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. McFadden Construction, Inc. is located within City limits and is entitled to a five percent bid preference. Odyssey Environmental Services, Inc. and Dirt Dynasty, Inc. are located within San Joaquin County limits and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The base bid from Odyssey Environmental Services, Inc., the lowest responsible bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Odyssey Environmental Services, Inc. of Lodi, CA, in the amount of $2,262,156.84, which includes the base bid and Add Alternate 1.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15304(b) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No.

NOE12-23 under CEQA.

Construction is anticipated to begin in November 2025 and be completed by June 2026, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding in the Equinoa Park Phase II, Project No. WP13173, to award a Construction Contract to Odyssey Environmental Services, Inc. in the amount of $2,262,156.84.

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

Attachment A - Vicinity Map
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EQUINOA PARK PHASE II
(PROJECT NO. WP13173)

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

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ATTACHMENT A
323
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE12-23,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE EQUINOA PARK PHASE II, PROJECT NO.

WP13173
On June 26, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Equinoa Park Phase II, Project No. WP13173; and
The project includes dual-purpose soccer/softball field improvements, lighting, meandering concrete pathways, benches, trash receptacles, turf, and water-wise landscaping; and
Odyssey Environmental Services, Inc. is the lowest responsible bidder in the amount of $2,262,156.84 and its bid is regular in all respects; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402,and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15304(b) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE12-23 under the CEQA for the Equinoa Park Phase II, Project No. WP13173, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Equinoa Park Phase II, Project No. WP13173.

3. The City Council awards a Construction Contract between the City of Stockton and Odyssey Environmental Services, Inc., in the amount of $2,262,156.84, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED October 14, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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EXHIBIT 1
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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between ODYSSEY ENVIRONMENTAL SERVICES, INC, a STATE OF CA CORPORATION, with a business address at 5400 WEST HIGHWAY 12, LODI CA 95242 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 EQUINOA PARK PHASE II (PROJECT NO. WP13173), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $2,262,156.84, or as otherwise mutually agreed to in a Contract Change Order.

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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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.

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity EXHIBIT 2 Page 2 of 50
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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) 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.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 120 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FIVE THOUSAND TWO HUNDRED NO/100 DOLLARS ($5200) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY EXHIBIT 2 Page 3 of 50
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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) 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.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

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

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

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

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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23)

b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C).

The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf . The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.

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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D). g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

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

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

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be EXHIBIT 2 Page 7 of 50
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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

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

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

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Local Construction Contract – Odyssey Environmental Services, Inc. – Project No WP13173. (Updated 10/18/23) ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: WILL CREW

ACTING CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ODYSSEY ENVIRONMENTAL SERVICES, INC.

By:

DEPUTY CITY ATTORNEY 68-0360679
Tax Identification No.

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Insurance Requirements
(Equinoa Park Phase II)
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:

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.

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.

Self-Insured Retentions
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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.

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

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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.

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

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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.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
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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.

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, ODYSSEY ENVIRONMENTAL SERVICES, INC, a STATE OF CA CORPORATION, as Principal and
, a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO MILLION TWO HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED FIFTY-SIX AND 84/100 DOLLARS ($2,262,156.84), 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:

EQUINOA PARK PHASE II
(PROJECT NO. WP13173)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

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and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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

That we, ODYSSEY ENVIRONMENTAL SERVICES, INC a STATE OF CA 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

TWO MILLION TWO HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED FIFTY-SIX AND 84/100 DOLLARS ($2,262,156.84), 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.

EQUINOA PARK PHASE II
(PROJECT NO. WP13173)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on

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this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

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City of Stockton
Legislation Text
File #: 25-0934, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE ANDERSON PARK PLAYGROUND PROJECT

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

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

2. Approve Notice of Exemption No. NOE37-25 under the California Environmental Quality Act for the Anderson Park Playground, Project No. WP25028.

3. Approve the plans and specifications for the Anderson Park Playground, Project No.

WP25028.

4. Award a Construction Contract in the amount of $299,998.87 to PlayCore Wisconsin, Inc. dba GameTime of Fort Payne, AL, for the Anderson Park Playground, Project No. WP25028.

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.

On February 6, 2025, the City advertised a Request for Proposals (RFP) for the Anderson Park Playground, Project No. WP25028. On March 12, 2025, six firms submitted proposals for this project.

The Selection Committee evaluated the proposals and found PlayCore Wisconsin, Inc. dba GameTime (GameTime) of Fort Payne, AL, to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Construction Contract, in the amount of $299,998.87, to GameTime. It is also recommended that Council adopt a resolution approving Notice of Exemption NOE37-25 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project (Attachment B). Construction is anticipated to begin and be completed by spring 2026, weather permitting.

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File #: 25-0934, Version: 1

On July 9, 2024, by Resolution No. 2024-07-09-1508, Council allocated funding for Council priority projects, including $300,000 to the Anderson Park Playground, Project No. WP25028.

In March 2021, the existing playground equipment at Anderson Park was removed due to age. The project will install new playground equipment at Anderson Park (Attachment A).

Present Situation
On February 6, 2025, the City advertised an RFP for the Anderson Park Playground, Project No.

WP25028. On March 12, 2025, six proposals were received from the following firms:
· GameTime (Fort Payne, AL)
· Miracle Construction Co., Inc. dba Miracle Playsystems (Alamo, CA) · Park Associates, Inc. dba Park Planet (Red Bluff, CA) · Valley Construction Services, Inc. (Stockton, CA)
· Yosso Group, Inc. dba Specified Play Equipment Co. (Burlingame, CA) · Zoom Recreation (Irvine, CA)
The Selection Committee, comprised of Public Works and Community Services staff, evaluated and ranked all proposals based on the playground’s overall play value, safety and accessibility, site compatibility, design, and cost. GameTime received the highest ranking, based on the noted criteria, and was determined to be the most qualified and highest ranked firm for this project.

It is recommended that Council approve the plans and specifications (Attachment B), and award a Construction Contract to GameTime of Fort Payne, AL, in the amount of $299,998.87, for the Anderson Park Playground, Project No. WP25028.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(d) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE37-25 under CEQA.

Construction is anticipated to begin and be completed by spring 2026, weather permitting.

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File #: 25-0934, Version: 1
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

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

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

FINANCIAL SUMMARY
There is sufficient funding available in the Anderson Park Playground, Project No. WP25028, to award a Construction Contract to GameTime in the amount of $299,998.87.

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

Attachment A - Vicinity Map
Attachment B - Playground Renderings
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Anderson Park Playground, Project No. WP25028

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

PROJECT LOCATION
LEGEND
Parks
Project Location
6201 N El Dorado St, Stockton, CA 95207

ATTACHMENT A

ALTURAS
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ATTACHMENT B
384

ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 37-25,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE ANDERSON PARK PLAYGROUND, PROJECT NO. WP25028
On February 6, 2025, the City advertised a Request for Proposals (RFP) for the Anderson Park Playground, Project No. WP25028. Six proposals were received; and The project will install new playground equipment at Anderson Park; and PlayCore Wisconsin, Inc. dba GameTime (GameTime) was determined to be the most qualified and highest ranked firm for this project. Staff negotiated a fee in the amount of $299,998.87 with GameTime for the Anderson Park Playground, Project No. WP25028; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(d) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code (SMC) Section 3.68.070 in support of an exception to the competitive bidding process.

2. The City Council approves the filing of Notice of Exemption No. NOE37-25 under the CEQA for the Anderson Park Playground, Project No. WP25028, a copy of which is attached as Exhibit 1 and incorporated by this reference. 393

3. The City Council approves the plans and specifications for the Anderson Park Playground, Project No. WP25028.

4. The City Council awards a Construction Contract between the City of Stockton and GameTime, in the amount of $299,998.87, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED October 14, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
394
TO: COUNTY CLERK

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

CITY OF STOCKTON

PROJECT DATA
Project Title: Anderson Park Playground, Project No. WP25028 CEQA Exemption File No.: NOE 37-25
Applicant: City of Stockton, Public Works Department
Project Description/Location: The City of Stockton's Public Works Department's Project will install new playground equipment at Anderson Park, which is at APN 081-260-59.

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

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

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

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _x_ The pr? ject is "Categorically Exempt" per CEQA Guidelines Section 15301 (d).

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

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
By
Colin Scott, ______ W::::: ___ . Parks ----- Manager
July 28, 2025
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

Signature Title
Posting Period Ending Date
EXHIBIT 1
395
Local Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between PLAYCORE OF WISCONSIN, INC., DBA GAMETIME, a STATE OF WISCONSIN CORPORATION, with a business address at 150 PLAYCORE DRIVE SE FORT PAYNE, AL 35967, 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 ANDERSON PARK PLAYGROUND (PROJECT NO. WP25028), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $299,998.87, or as otherwise mutually agreed to in a Contract Change Order.

EXHIBIT 2

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Local Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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Local Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) 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.

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 27 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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Local Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) 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.

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Local Construction Contract – PlayCore Wisconsin, Inc. dba GameTime – Project No. WP25028 (Updated) and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 2

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City Council and Concurrent AuthoritiesOctober 14, 2025

City Council and Concurrent Authorities
October 14, 2025