Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _________ ____, by and between SPEKTREN ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 645 RUCKER AVE, GILROY , CA 95020 , h ereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025 -26 SB1 – MILL AND OVERLAY (PROJECT NO. WD26003), 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 agre
es:
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 $1,098,350.78, 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
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (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 i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
Furt
hermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Ad
ditional 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 li
mits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All se
lf-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.
Poli
cies 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 CIT
Y reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Fail
ure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRA
CTOR 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.
CONTRA
CTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. IN
DEMNITY 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. ST
ANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Di
rector 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. WO
RKING DAYS. This work shall be diligently prosecuted to completion before the expiration o f 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($ 4,200.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A wor
king 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 C
ONTRACTOR 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. CONF
ORMANCE 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
Tit
le 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.
EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRI
MINATION AND HARASSMENT POLICY
The Ci
ty 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 conduc t 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 bid
der 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. PREVAIL
ING WAGE
CON
TRACTOR 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 C
ONTRACTOR 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.p df. The CONTRACTOR shall be responsible for posting said wage EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
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. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of 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 C
ONTRACTOR 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 CO
NTRACTOR 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. LOCA
L EMPLOYMENT ORDINANCE
Purs
uant 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 EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
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. 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 s
ubject 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 s anctions, and Contractor certifies that it
has not and will not engage in prohibited
transactions with sanctioned persons or entities.
CITY agrees:
8 . COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
EXHIBIT 2
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
10. CHANGE ORDERS . CIT
Y reserves the right to make such alterations,
deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
EXHIBIT 2
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:
MARIA A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
By: ____________ _
JOHNNY FORD
CITY MANAGER
By:� l/G.
SPEKTREN ENGINEERING, INC.
°'0\-50C\<&7\C1
Local Construction Contract- SPEKTREN ENGINEERING, INC. PROJECT NO. W026003 (Updated 10118123)
LOCAL STRE:ET RESURFACING PROGRAM F=ISCAL YIEAR 2025-,�6 SB1 - MILL AND OVERLAY PROJECT NC�. WD26003D
B I D D I N G__ S_Q.Ji.�_0 U...LJ;
Each bidder ishall bid on each itern, including all alternate bid(s). Failure, to bid on im item shall be just cause for considering the bid as non .. n:,sponsive. Line item costs should include all Contractor's overhead and prc»fit and indirect costs. Bids not preisented on City forms shall be cause for considering the bid ,as non,-responslve.
The basis of contract award will be the lower bidder for the Base Bid. It Is thEt City's sole discretion to add, or not add, the Alternative Bld(s) to the Base Bild contract. �-�.$1.��- � .,,,.,_ -ttt--� l!<)jri,�ll!Mlli- -- _,.
Item Description Unit Quantity Unit price Total Price
�lldtltl��� ... -
1 Mobilization LS 1 $25,200.00 $25,200.00
2 Traffic Control LS 1 $25,700.00 $25,700.00
3 Water Pollution Control LS 1, $4,000.00 $4,000.00
..
4 Adjust Maintenance Hole EA 33 $957.66 $31,602.78
5 Adjust Water Valve Cover EA 8 $1,000.00 $8,000.00
I
�
6 Adjust Centerline Survey Monument
Cover EA 7 $1,200.00 $8,400.00
-
7 Install Residential Driveway Per SF: 100 $25.00 $2,500.00 Stockton DWG R�S8
---
8 Install Curb Ramp Per Stockton DWG R- EA 64 14 $6,000.00 $84,000.00 9 Install White Thermoplastic (Arrows, SF 600 $14.00 $8,400.00 Crosswalks, and All PavemEmt Legends)
10 Install Yellow Thermoplastic (Arrows, SF 900 $14.00 $12,600.00 Crosswalks, and All PavemEmt Legends)
11 Install Striping Detail 2 LF :1.,300 $3.50 $4,550.00 12 Install Striping Detail 22 LF 3,900 $7.00 $27,300.00 Bid Forms
EXHIBIT A
EXHIBIT 2
-
Item Description Unit Quantity Unit price Total Price
13 Install Striping Detail 38 LF 300 $8.00
$2,400.00
14 Install Striping Detail 39/39A LF 4,800 $3.75 $18,000.00 15 Cold Planing-(3.0-lnch) SY 27,000 $5.00 $135,000.00
16 Pavement Repair-(up to G�lnch) SY 200 $55.00 $11,000.00 17 Hot Mix Asphalt (Type A) TON 4,600 $98.88 $454,848.00 18 Concrete Sidewalk Removal and $16.00 $16,000.00
Replacement SF 1,000
19 Curb and Gutter Removal and $65.00 $13,000.00
Replacement LF 200
20 Speed Hump Removal and Replacement EA 5 $5,650.00 $28,250.00 21 Install Traffic Detector Loops EA 8 $1,200.00 $9,6000
I BID ALTERNATE
I Item Description Unit Quantity Unit price Total Price I 22 Traffic Control LS l. $15,000.00 $15,000.00
23 Water Pollution Control LS 1 $3,000.00 $3,000.00
24 Cold Planing-(3.0-lnch) SY 4,000 $9.00 $36,000.00
25 Hot Mix As phalt (Type A) TON 600 $190.00 $114,000.00 --
BASE BID $930,350.78 --------�--------
BIDDER'S NAME Spektren Engneerlng___ __;_ _ ___;; ________ _ Bid Forms
EXHIBIT 2
LIST OF SUBCONTRACTORS
GEN ERAL CONTRACTOR: Spektren Engineering------''------------------------- PROJECT: LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - MILL AND OVERLAY PROJECT NO. WD26003D
PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.
Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.
PRINT LEGIBLY OR TYPE
DEPT. OF
BUSINESS LICENSE NUMBER INDUSTRIAL
NAME/ADDRESS & LICENSE RELATIONS
CLASSIFICATION REGISTRATION
NUMBER
Chriso Comoanv 374_6-00.LAL C1 3. C32 1000000306
Pavement Recycling Systems 569352, A, C12 1000003363
USA Trucking . 1000406207
Sierra Geotech . 1000064288
Mike O'Dell SuNeys . 1000045470
Pacific Northwest Oil 705296, Class A 1000377635
Bear Electric Solutions 982079, Class A, C10 1000002158 /J J d
BIDDER SIGN
_u��--__.,._/i_._. G.-1_• ----� HEHE
V(SIGNATRE OF BIDDER)
Bid Forms
TYPE OF WORK AMOUNT
Striping $42,610.00
Milling $4,750.00 daily
Trucking $118 hourly rate
Compaction Testing $106 hourly rate
Surveying & Monument $6,300 + hourly rate Preservation
Tack Oil Application $275 hourly rate
Traffic Detector Loops $8000
EXHIBIT 2
REV 2025-06-04
Exhibit B:
Insurance Requirements for Construction Contracts
(WD26003D)
Contra
ctor 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 SCOP
E AND LIMIT OF INSURANCE
Covera
ge shall be at least as broad as:
1. Comme
rcial 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 $5,000,000 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. Autom
obile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 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. Cont
ractors Pollution Liability applicable to the work being performed, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Surety
Bonds as described below.
If the
contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self -Insured Retentions
EXHIBIT B
EXHIBIT 2
REV 2025-06-04
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other In
surance Provisions
The ins
urance 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 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 a
ny claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
EXHIBIT B
EXHIBIT 2
REV 2025-06-04
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. Insur
ance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If c
overage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A c
opy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If t
he services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
EXHIBIT B
EXHIBIT 2
REV 2025-06-04
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
Cont
ractor 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. Perf
ormance Bond
EXHIBIT B
EXHIBIT 2
REV 2025-06-04
3. Payment Bond
4. Mai
ntenance 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 issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certi
ficate Holder Address
The
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
EXHIBIT B
EXHIBIT 2
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date:
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 1 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding}, political affiliation, age (40 and older}, concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA}, the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 2 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Wor1<place) 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 det ermined 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 retaliat ion against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents. or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
Page No. 3 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2
EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10121/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMI NATION 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)
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
I
EXHIBIT 2
EXHIBIT C
Page No. 4 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94. 5/1195, 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 op portunities.
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, bullet ins, 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 speci fically 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
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
Page No. 5 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below}
EXHIBIT 2
EXHIBIT C
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. H R-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
Page No. 6 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2
EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 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
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date:
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 7 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21194, 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/hersu pervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
EXHIBIT 2
EXHIBIT C
Page No. 8 of 14
DISCRIMI NATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
2. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment i, 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 imme diately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectivel y 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.
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
man agers must ensure th at al I employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
Subject:
CITY OF STOCKTON, CALIFOR NIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 9 of 14
Revised From:
7127109
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Worl<place) rev ised 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 he·ad or the Director of Human Resources (or either of their designees), depending on who is
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 10 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
{see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94. 5/1/95, 111/98 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 inciden tw hen 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
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DIS CRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 11 of 14
Revised From:
7/27/09
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 2/15193 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
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 12 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remediai action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation. giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director. or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Re-sources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consu !ting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determinat1ion as to whether the complaint is:
1. 2.
Unsusta ined: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
Unfounded: The investigation proved that the act(s) or omission(s)
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARAS SMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 13 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1195, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
3. Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNA TIVE REMED IES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMIN ISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
5/1/2015
EXHIBIT 2
EXHIBIT C
Page No. 14 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all mana gers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
��SON
CITY MANAGER
::ODMA\GRPWISEICOS.PER.PER_Library:96180.1
EXHIBIT D
EXHIBIT 2
Attachment A
WHEREAS, the interests of the gene1·al public, the City and the Contrnctor(s}/Employer(s) would be best served if the construction work proceeded in an ot'<lerly manner without disl'Uption due to labor disputes; and
WHEREAS, the Contractor(s)/Employer(s) imd the Unions desire to mutually establish and stabilize wages, hours and working conditions for the wodcers employed on the construction. projects subject to this Agreement in orde1· to promote a. satisfactory, continuous und harmonious relationship among the parties to this Agreement; nnd
WHEREAS, unemployment rates in Stockton have been consistently higher thnn in CaJifornia as a whole and statistics indicate that the higher unemployment level in Stookton correlates to a higher number of frunilies living in poverty and to a higher crime rute; and WHEREAS, due to the lack of jobs, much of the work fot'ce residing in Stockton is forced to commute long distances to find work, causing increased traffic, increased pollution, and other serioull enviroumental impacts; and
WHEREAS, because of the shottage oflooaljobs, many residents of Stockton muat leave fot· work very early in the morning and return late in the evening, often leuving children and teenagers alone and unsupervised during the day; nnd
WHEREAS, absentee paren1s and unsupervised youth can result in increased p10blems for families, co11ununities, and the City as a whole; und WBF.REAS, 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 the absolute right to select the lowest responsive and respon.<;ible bidder for the award of constn1ction contracts on the projects; and WHEREAS, the partien signatory to this Agreement pledge their full good faith and ti.·ust to work towards m11ruully satisfactory completion of the Capital huprovement Plan projects and other major City public works 1,rojects that will be subject to this Agreement; nnd NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIF..S HERETO, AS 11'0LLOWS:
ARTICLE I
DEFINITIONS
1.1. "Agreement" means this Community Workforce and Training Agreement.
1.2 11City" menus the City of Stockton and its public employees, including managerial personnel.
l2J8-0l7Ji
EXHIBIT 2
EXHIBIT D
Attachment A
1.3 "Con,tragtor{s}/Employer<s)" or "Contractor" means uny individual, firm, partnership 01· corporation, or combination thet·eof, including joint ventures, that is an independent business enterprise and has entered into a contract with the City or Project Manager 01· any of its contractors or subcontractors of any tier, with respect to the construction of any part of the Project under contl'act temts and conditiom appxoved by the City nnd which incorporate this Agreem1mt.
1.4 "Construction Contract" means a contract awarded by the City for public work within the meaning of Cha1>ter 1 ( commencing with Section 1720) of Part 7 of Division 2 of the California Labo1· Code.
1.5 "Project" means any construction project of the City whose value as detei-mined by the higher of the engineel''s entimate of the total cost of the project or the actual cumulative bid amowits submitted by the contractor 01· contractors awarded the Constniction Contracts for the Pl'ojcct, exceeds one million dollars ($1,000,000), By mutual consent of the City and the Council, ·this threshold amount may be reduced to an amo\.mt not below two hundred and fifty thousand dollars ($250,000) after one year from the effective date of this Agreement. l .6 "Union11 or 11Unions'1 means the San Joaquin Building and Constmction Tl·ades Council, J\FL.CIO (''the Coimcil") and any other lnbor organization, including those affiliated with the Council, signatory to this Agreement; acting in thcir own behalf and on bebaJf of their respectiv6 affiliates and member organization whose names are subscribed hereto and. who have through their officers executed this Agt'eement ('1Local Unions").
1.7 "Stockton Resident" moans a resident of the City of Stockton as defined by Stockton Municipal Code Sec.1ion 3.68.095(1)(3).
1.8 "I�I At·ea Rt'.sident" means any Stockton Resident or any individual domiciled within the boundaries of San Ioaquln County according to the criteria set forth in Stockton Municipal Code Section 3.68.095(1)(3) for Stockton Residents,
1.9 11Projeot Manager11 menns the business entity or City employee designated by the City to ovet'See all phases of construction on the Project.
1.10 "Master Agreement" or "Schedule N' meuns the Maste1· Collective Bargaining Agreement of each craft union signatory hereto, which shall be on file with the City.
1.11 "Completion" means that point at which the City accepts a pmject at issue by filing a Notice of Completion, or as otherwise provided by applicable state law. "Punch List'' items and auy other work within the scope of this Ag1·eement not completed prior to commencement of revenue service shall nonethcloss be included within the scope of this Agt-eement It Is understood by the parties that po1tions of the Pmject may be completed in phases and Completion of nny such phase may occur pri01· to Completion of the Project. 3238-017,il
EXHIBIT 2
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Attachment A
AR]'ICLEJI
SCOPE OF AGREEMENT
2.1 Parties: The Agl'eement shall apply and is limited to the City und all Contt·acto1'(s)/Employer(s) petforming construction contracts on the Project, including surveying and <m--site testing and inspection where such work is traditionally covered by a Master Agreement with a Union, und the Council and any othet· labor organization signatory to this Agl'eement, acting in their own behalf and on behalf of their respective affiliates and member orgllllizations whose n11t11es are subscribed hereto and who have through thoil' officers executed this Agi·eement.
2.2 Project Description: The Agreement shall govem the award of all Construction Contracts ide11titied by the City as part of the Project. The Cily has the absolute right to combine, change, consolidate, suspend or cancel Construction Contract( s) or portions of Construction Contract(s) identified as part of the Projoot. Should the City suspond 01· remove any individuul contract from the Project and thereafter authorize that coostruction work be commenced on such contmct, then such contract shall be perfonned under the terms of this Agreement. Once a Constrnction Contract is completed it is no longer covered by this Agreement except when a Contractor is dfrected to engage in repairs, warranty work or modifications l'equired by its Consllttction Contract with the City. For the purposes of this Agreement, a Construction Contract shall be considered Completed 1ts 1Jet forth in Section 1.11 of this Agreement.
2.3 CoveredWodc This Ag,:eement cove.rs, without limitntion, all site preparation, surveying, on�site constrnction, alteration, demolition, installation, imp1'0vement, pninting ot' repail' of buildings, structmes, modular furniture .installations, and other work� and rolate<l activities for the Project that is within the craft jurisdiction ofone of the Unions and that is part of the Project, including, withotJt limitation to the following examples, geotechnical and exploratory c:h·illlng, temporary HV AC, landscaping and temporary fencing, pipelines (including those in linear corridors built to se1:ve the Project), pumps, pump stations, on-site soils and material inspection and tearing, and demolition of any existing stt't.1cturos required to be performed to complete the Project. Thui Agreement II.hall apply to any sta1t-up, calibration, commissioning, performance testing repair, and operational revisions to systems and/or subsy11tems for the Project performed after completion, unless it is performed by City employees.
On-site work includes work done for tho Project in temporary yards or areas adjacent to the Project, and at any on�site or off-site batch plant constrnoted solely to supply materials to the Project. This Agreement covers nil onsite fnbt'ication work ovel' which tho City or any Coutractor{s)/Employer(s) possess the right of control (including work done fol' the Project in any temponu:y yard or area established for the 1'1'oject.) This Agl'eement also covera all off-site work, including fabrication tmditionally performed by the Union.c;, thut is part of the Project, provided such off ..site work is covered by a cw·1·ent "Moster Agreement" or local addenda to a National Agreement of the applicable Uniou(s) thut is in effect as of the execution date of this Agt-eemeut. The ftu11ishing of snpplies, equipment or matei-ials which are stockpiled for later ,ise shall not be considered Covered Work; howeve1·, the delivery of t·eAdy�mix, asphalt, aggregate, sand or other fill material which arc directly incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud shall be covered by the te1·ms and conditions of this Ag1·eem.ent. Contraotor(s)/Employor(s), including brokers, of persons providing constJ:notion trllcking work shall pl'ovido ce1tifi.ed payroll records to the City witlrin ten (10) days of a written request or as required by bid specifications. 323R-017jj
Attachment A
2.4 Exclusions f!.-oJ!LCoyered Wsu:k
2.4.l The Agreement shall be Limited to construction work on the Project and is not inteuded to, and shall not affect or govern the awnrd of public works contracts by the City which are not a part of the Project.
2.4.2 The Agreement shall not apply to a Contracto1·'s/Employer's non consnuction craft employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of Genel'al Foreman (except those covered by existing Master Agreements), staff engineers or other prof�sion.al engineers, administrative and management personnel.
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 or leading to the site of work covered by this Agreement that is undertaken by stnte, county, City or other gove1mnental bodies or their contractors; or by public or private utilities or their contractors that is not part of the Project.
2.4.5 This Agreement shall not apply to the Project where the Agreement is pmhiblted by state or federal law or where the ex.press conditions for the receipt of notMle minbnis state or federal funding prohibit the Ci Ly from applying this Agreement to the Project
2.5 Project Labor Disputes: All Project labor disputes involving the application or interpretation of the Master Agreement to which a signatory. Contrncto1{s)/Employet(s) and a signatory Union ru.·e parties sbaU be 1-eso]ved pursuant to the resolution pro cedures of the Master Agreement All disputes relating to the interpretation or application of this Agrooment shall be subject to t'esolution by the Grievance Committee and the Grievance tmd Arbitration Procedure set forth in Article XII.
2.6 Work covered by this Agreement within tho following craft jurisdictions shall be pe1formed under the terms of 1heir National AgL·cements as follows: the National Transient Lodge (''NTL") Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agt'eement, and the National Agreement of Elevator Constmctors, and any instrument calibration work and loop checking shall be pe1fonned under the terms of the UNIBEW .Joint National Agreement for Instrument and Control Technicians, with the exception that Atticles IV, XII, XllI of this Agreement shall apply to such work.
2. 7 Award of Conll'ucts, It is understood and agreed that tho City has the absolute dght to select any qualified bidder for the award of contracts under th.ls Agreement. The bidder need only be willing, reacly and able to execute and comply with this Agreement. It is further agreed that this Agreement shull be included in all invitations to bid or solicitations for proposals from oontrnotors or subconh·actors for work on the Project that are issued on mid after the effective date of this Agreement.
3238-0lrli
EXHIBIT 2
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Attachm-0nt A
ARTICLEIII
EEEECTQFAGREEMJJ:W:
3.1 By executing the Agt·eement, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.
3.2 This Agreement shall be included as a co11dltion of tho award of Construction Contracts for the Project. By accepting the nward of a ConstTuction Contract for the Project, whether as contractor or subcontractor, the Contractor(s)/Employer(s) agrees to be bound by each and every provision of the Agreement and agrees that it wilt evidence ita acceptance prior to the commencement of work by executing the Agi·eement to be Bound in the fonn attached hereto ns Addendum A.
3.3 At the tlme that any Contl:actor(s)/Employer(a) enters into a subcontract with any subcontractor providing for the performance of a Construction Contract, the Contl'actor(s)/Employer(s) shall provide a copy of this Agreement to said l!llboontractor and shall require the subcontractor as a part of accepting an awal.'d of a construction subcontract to agree in writing> to be bound by each and every provision of this Agt'eement prior to the commencement of wodc by executing the Agreement to be Bound in the t'onn attaohed hereto ns Addendum A
3.4 This Agreemellt shall only be binding on the signatory parties hereto, their sl1ccessors and assigns, and shaU not apply to the par¢.llts, ufftliates, subsidiaries, or othel' ventures of uny snob party. Bach Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, Any dispute between the Union(s) and the Contraot01'(s). respecting compliance with the terms of the Agreement, shall not affect the lights, llabilities, obligations and duties between the signatory Union(s) and otherContraoto1·(s)/Employer(s) pru.ty to this Agreement.
3.5 It is mutunlly agrt',ed by tho parties thut nny liability by o signatol'y Union to this Agreement sbn1J be several and not joint. Any alleged breach of this Agl'eement by a signatory Union shall not affect the rights, liabilities, oblig1ttiont1 and duties between the signatory Contl.'actor(s) and the other Union(s) party to this Agreement.
3.6 The provisioos of this Agreement, including the Mastel' Agreemeuts of the Local Unions havingjul'isdi.ction over the work on the Project, incorporatecl he1:ein by reference, shnll apply to the work covel'ed by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agt'eeooent. Where a subject covel'ed by the provisions of this Agreement is also ooverecl by a Master Agreement, the provisions of this Agreement shall prevail. Whero n subject is covered by the provisions of a Schedule A and is .not covered by this Agreement, the provisions of the Master Agreement shall prevail.
ARTICI,E rv;
WORK STOPPAGES, S'l'RJKES. SYMPATilY.
SIBJKES AND LOCKOUI]
4. l The Unions, City and Contraotor(s)/Employel'(s) agt'ee that for the duration of the Project:
3238-0l'ljj
Attachment A
(1) There shall be uo strikes, sympathy 11tl'ikes, work stoppages, picketing, hand billing or otherwise advising the publio that a labor dUl])ute exists, or slowdowns of any kind, for any l'e1:1Bou, by the Unions 01· employees employed on the Project, at the job site of the Project Ol' at any other facility of the Cily because of a dispute on the Project. Nor shall tJ1e Unions or any employees employed on the Project participate in any sttikes, sympathy strikes, work stoppages, picketing, hand billing, sJowdowns, or otherwise advising the public that a labor dispute exists at the jobsite of the Project because of a dispute between Unions and Contractor(s)/Employer(s) on any othei.· project. It shall not be considered a violation of this Article if labor is withheld by a Union due to lack of payments to a Tmst Fund or failw-e to make payroll on the Project. Nothing stated in this Agt.'eement shall prevent Unions from patticipating in the actions mentioned in this section on jobsites other than the Project jobsite because of disputes between the Unions and Contractor(s)/Employel'(s) on projects other than the Project, (2) As to employees employed on tile P1'0ject, there shall be no lockout of any kind by a Contactor(s)/Employer(s) covel'ed by the Agreement, (3) If a Ma.c;ter Agl'eement between a Coiitractol'(s)JBmployer(s) and the Union expires befo1·e the Contractor(s)/Employer(s) completes the perfom1ance of a Construction Contract for wotk covered under this Agreement and the Union or Contl'aotor(s)/Btnployer(s) gives notice of demands for a new or m<>di:fied Master Agreement, the Union agrees that it will not stdke the Contl"actor(R)/Rmployer(s) on said contract for work covered under this Agrei,ment and the Union and the Cont1'actor(s)/Employer(s) agree that the expired Mastel' Agreement shall continue in ful1 force and effect for work covered under this Agreement until n new or modified Moster Agi.-eement is reached between the Union and ContractQt(s)/Bmployer(s). If the new or modified Master Agreement reached between the Union and Contrnctor(s)/Employer(s) provides that any tei.ms of the Master Agreement shall be retroactive, the Contractor(s)/Employer(s) ftSl'oes to comply with any retroactive terms of the new 01· modified Master Agreement which is applicable to employeoo employed on the Project within seven (7) days afl-er the effective date of the new or modified Mastei· Agreement.
4.1. l. Notification: If the City contends that any Union has violated this Article, it will notify in wl'iting (including email) the Seniol" Executive of the Council and the Senior Executive of the Union, seUing forth the mets alleged to violate the Article, prior to instituting the expedited arbitrntion procedme set forth below, The Senior Executive of Council will inunedintely use his/her best effol'ts to cause the celJSation of any violation of this Article. 'The Senior Exeot1tivo of the Union will immediately inform the membership of their obligations under this Alticle, A Union complying with this obligation shall not be held responsible fot• unat1thol'ized acts of employees it represents.
4.2 Expedited Arbitrnlion: Any party to this Agreement shall institute the following procedure, prior to initiating any other uction at law 01· equity, when a breach of this Article is alleged to have occurred;
(1) A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrntot·, or, William Riket\ as the alternate 1mder this procedure. In the event that the pe1'munent arbitrator is unavailable at any time, the altematc, will be contacted. If neither is available, then a selection shall be made fro.m the list of nrbitratorn in Article XIl. Notioo to the arbitrator shall be 3238,017]
EXHIBIT 2
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Attachment A
by the most expeditious means uvailuble, with notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the City, to the Council and to the involved I..ocnl Union if a Union is alleged to be in violation.
(2) Upon reoeipt of said notice, the City will contact the designated arbitrator named abovG or his alternate who will attempt to convene a healing within twenty-fow· (24) hours if it is contended that the violation still exists. (3) The al'bitrator shall notify the partie.11 by facsimile or telephone of the place and time for the hearing. Said hearing shall bo completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-fottr (24) hours unless otherwise agreed upon by all pru1ies. A failure of any pnrty to attend said hearings shall not delay the hearing of evidence or the :issuance of any awllt'd by the arbitt·ator. (4) The sole issue at the headng shall be whether or not n violation of Article IV, Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matt�r of justiflc3#on, explitnation oi· mitigation of liUch vio1tttion.-ono .award damages, which issue is 1'ese1-ved for court proceedings, if any. The
awru-d shall be issued in writing within three (3) hours after the close of the hearing, and maybe issued without u. written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with or enforcement of the award. The arbitrator may orde1' cessation of tho violation of this Article und other approp1iate relief und such award shall be set'Ved on all parties by hand or registered mail upon issuance.
(5) Such award may be enfol'ced by any Court of competent jurisdiction upon the filing of this Agreement and nil other relevant documents refetted to above jn the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other p1u·ty. Jn the proceeding to obtain a temporary order enforcing lhe a1bit1-ator's award as issued under Section 4.2 of this Article, all parties waive the dgbt to a heat'ing and agree that such proceedings may be ex-,parte. Stich agreement does not wnive any party's right to participate in a hearing for a fin11l Ol'der or enforcement. The Cm1rt's order or ordel's enth1'cing the arbitrator's nward shall he scrvecl on all parties by hnt1d 01· delivered by oe.-tified mail. (6) Any rights created by statute or law govel'nlng arbitration proceedings inconsi<ltent with the above pl'Ocedure> or which interfere with compliance, are waived by the parties.
(7) 'fhe fees and ex.penses of the arbitrntor shall be divided equally between the party instituting the arbitration proceedings provided in this Article 11nd the party alleged to be in breach of its obligation unde1: this Article.
3233-017jj
ARTICLEY
PRE-CONSTRUCTION CONFERENCE
Attachment A
5.1 The Project Mnnnger shall convene a pre-construction confe,:euce to be hold at least fomteen (14) days pdor to the commencement of each construction phase, at a time and location mi1t1mlly agreeable to the Council. Such conference ahnll be attended by a repl'esentative each from the participating Contractor(s)/Employe1{s) and Union(s) and the Project Managet·.
5.2 Royiew Meeting§: In order to ensure 1he terms of this Agreement are being fulfilled and all concerns pertaining to the City, the Unions, nnd the Contractors are addressed, the Project Manager, General Contractor and Senior Executive of the Council or da'lignated representatives thereof shall meet on a periodic basis during the term of constmction. The City and the Council shall nave the l'ight to call a meeting of the appropriate parties to ensure the tenns of this Agreement are being fulfilled.
ARTICLEYJ
NO DtSCRIMINATIQN
6.1 The Contractor(s)/Employer(s) and Unions agree to comply with all anti" discrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.
ARTICLE VU
UNIQN SECURITX
7.1 The Contractor(s)/Employer(s) l'ecognize the Uniou(s) as the sole bargaining representative of all craft employees wot'king within the scope of this Agreement,
7.2 AU employees 1>erforming work covered by this Agreemont shall, as a co11dltion of employment on or before the eighth (8th) cumulative day of employment on the Project, be responsible for the payment of the applicable pedodic working dues and fees unifo1mly required for union membership in the Local Union that is a Bignatm-y to this Agreement for the duration of his or her employment on the Project. Nothing in this Agreement is intended to prevent any non union employees from joining the Local Uuion.
7.3 Authorized representatives of the Unions shull have access to the Project whenever WOl'k covered by this Agreement is being, has been, or will be pel'formed on the Project.
ARTICLE VIII
REFERRAL
8.1 Co11tractm{s)/Employel'(s) performing consu:uction wol'k on the Project doscdbed in the Agreement shall, in filling craft job l'equirements, utilize and be bound by 1he t·egistmtion facilities and referral systems established or authori.7.ed by tho Loonl Unions ("Job Referral System"), Such Job Referral System shall be operated it1 a non-discdminatol'y numner and in fttll com1,liance with oil federal, state, and local laws an.cl regulations, including those which 1'equire 323&-01'/jj
EXHIBIT 2
EXHIBIT D
Attachment A
equal employment opportunities and non-clisclimination. The Contractor(s)/Employer(s) shall have the l'ight to reject any applicuntreterred by the Unl.on(s), in accordance with the applicablo Master Agt-eement.
8.2 The Contractor(s)/Employer(s) shall have the unqualified l'lght to select and hire direc1ly all supervisors above general foreman tt considers necessary and desirable, without such persons being referred by the Union(s).
8,3 In tl1e event that refer.ml facilities maintained by the Union(s) are unable to fill the requisition of a Contractor(s)/Employer(s) for employees within a forty-eight (48) hour period (Saturdays, Sllndays and Holidays ex.eluded) after such 1·equisition is made by the Co11tmctor(s)/Employer(s), the Contractor(s)/Employet'(s) shall be free to obtain work persons from any source. A Conu·actor who hires any personnel to pel'foJm covered work on the Project pursuant to this Section shnJJ immediatelypl'Ovicle the approp1iate Union with the name and address of such employee(s) nnd shall itnmediately re fer such employoe(s) to the appropriate Union to satisfy d1e requirements of Article VII of this Agreement. . .. . . ...
8.4 Un.ions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requfrements of tho Conlractor(s)/Employer(s). Recognizing tl1e special needs of the Project and the acute shortage of sldlled craftsp eople, the Unions shall consider n Controotor's request to h'anst'el· key employees to work on this Project in a mtlllller consistent with the Union's referral pl'ocedures.
8.5 The paities to this Agreement support the development of increased numbers of skilled constrnction workers from the City of Stockton and Sau Joaquin County. To the extent allowed by law, and cons-istent with the Local Union's biting hall provisions, and as long as they possess the requisite skills and qualifications, Locut Area Re sldents, includingjoumeymen and apprentices, shall be ref-et-red for Project work covered by this Agi·eoment.
ARDCJ&IX
WAGES AND DENEFITS
9.1 All Conti:actors/Employers agree to paycontl'ibutions to the established vacation, pension and other fonn of defert'ed compensation plan, apprenticeship, and health benefit funds ootabliah.ed by tbo applicublo Master Agreement for each hour worked on the-Project in the nmounts designated in the Master Agreements of the appropriate Local Unions.
9.2 By signing tWs Agi:ee.ment, the Contractol'(s)/Employer(s) adopts and ng!'ees to be bound by the wiitten terms of the legally established Trust Agreements, as described in section
9.1, specifying the detailed basis on which payments are to be mtide into, unct benefits paid out 04 such Trust Fw1ds established by such appropriate local agreements. The Controcto1'(s)/Employer(s) aulho1·izes the parti� to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratify n11d accept th.e tn1stees so appointed as if made by the Contractor(s)/Employer(s).
9.3 �ges, Hours, Te,;ms and Conditions of.Employment: 'Ihe wages, hours nnd other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective crafts, copies of which shnll be on filo with tho City to the extent such Master 3238-017.li
EXHIBIT 2
EXHIBIT D
Attachment A
Agreement is not incousist�nt with this Agreement. All employees covered by this Agreement shull be clusaified and paid in accordance with the classification and wage Bonles contained in the appl'Op:tiate local agreements which have beon negotiated by the historically recognized bargaining entity and in compliance with the applicable generul prevaiUng wage determination made by the Dirootot· of Industrial Relations pursu1U1t to the California Labor Code.
9.4 During the period of construction on this Projeot, the Contractor(s)/Employei�s) agrees to recognize and put into effect such increases in wages nnd recognized fringe benefits as shall be negotiated between the various Unions and the historically recognized local bargaining entity on the effeative date as set forth Jn the applicable agreement. The Unions shall notify the Contractor( s )/Employer( s) in writing of the specific increases in w nges and recognized frh1ge benefits and the date on which they become effective.
9,5 HQlidroi�: Holidays shall be in compliance with the applicable Schedule A agt·eement.
A;RTICLE X
EMPLQVEE C.)llEVANCE PRQCJIDURE
10.1 All disputes involving discipline nnd/or discharge of employees working on the Project shall be resolved through the gdevance and arbitration pl'Ovision contained ill the Master Agreement for the craft of the affected employee. No employoo working on the Project shnll he disciplined or dismissed wjthoutjust cause.
ARTICLEXI
CQMl!LIANCE
11.1 It shall be the responsibility of the Contractor(s)/Bmployol'(s) and Unions to investigate and monitor compliance with the provisions of tl1e Ag1-eement contained in Alticle IX.
Nothing in this agreement shall be consttued to interfere with or supet·sede the usual and customary legal remedies available to the Unions and/or employee benefit Tmst Funds to collect delinquent Trust Fund contributions from Employers on the Ptoject The City shall monitor and enforce complianco with the prevailing wage l'equirements of the state and Contmctors1/Employers' compliance with this Agreement.
ARTICLE XII
GRIEVANCE ARBITRAlJON PRC)CEDJJlill
12.1 The parties understand and agree that in the event any dis1>ute arises out of the meaning, h1teipretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or City on its own behalf, or on behalf of an employee whom it repl'esents, or a conh·actor on its own behalf) provides notice in writing to the signatory party with whom it hns 11 dispute within five (5) days after becoming awat'e of the dispute but in no event mol'e than thirty (30) days after it reasonably should have become aware of the event giving dse to the dispute. The time limits in this Section 12.1 may be extended by mutual written agt'eement of the parties.
3238-017.li
EXHIBIT 2
EXHIBIT D
Attachment A
12.2 Grievances shall bo settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Repl'esentative of the involved Locnt Union 01· City, or his/her des.ignee, or the representative of the employee, und the representative of the involved Contractor(s)/Employer(s) shall confer and attempt to resolve the giievance.
Step 2: In the event that the representatives are tmable to resolve the dispute within the five (S) business days afte1· the meeting to resolve the dispute in Step 1, the Intemationnl Union Representative and the Contracto1(s)/Employer(s) involved shall meet within seven (7) working days of the 1'efe1rnl of the dispute to this second step to lll'rive at a satisfactol'y settlement thetoof. Meeting minutes shall be kept by the Contrnctor. In the event that these representatives at'e unable to 1•esolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Gdevance Committee, which shull meet within five (5) business days after such referral ( or .sU.Qlt lQtJ.g�r .ti.me as ls U1\ltu.ally ilgteed upo.n. by all .topt�ntatives on. the Ot'ievance Committee), to confer in an utte1.npt to resolve the grievance. The Grievance Committee shall be comprised of two (2) l'epresentatives of the City; and one (1) representative of the Pt'Ojeot Manager, and three (3) representatives of the San, Joaq\.lin Building & Construction Trades Council. lf the dispute is not resolved within such time (five (5) busluess days after its refel'ml or such longer time us mutually ogreed upon) it may be referred within five (5) business days by either party to Step 3.
Step 3: lfthe grievance is not settled in Step 2 within five (5) busines.<J days, either party muy request the dispute be submitted to nrbitration or the time may be extended by mull.ml consent of both parties. Within five (5) business days after referral of a dispute to Step 3, tho xepresentatives shall choose a mutually agreed u_pon arbitmtor fol' final and binding m·bitmtion. If the paities are unable to agt-ee on nn arbitrator, au arbitl'ator shall be selected by the nltemate strjking method fi'Om the list of five (5) oolow. The order of sttiking names from the list of arbitmtors shall be detei.mined by a oojn toss, the winneL' of which shall decide wltether they wish to strike first or second. If any of the arbitmtors listed below or in Article 4 is no longer working as a labor arbitrator at the time of selection. the City and the Council shull mutually agree to n replacement. In addition, the City and the Council may mutually agree to add additional arbitrators to those listed below.
1. Willi.run Rikel'
2. Burl'y Winogard
3. Thomas Angelo
4. Robert Hirsch
5. William Engler
12.3 The Arbitmtor shnll ammge for u heating on the earliest available date from the date of his/her selection. A decision shall be given to the parties within fi.ve (5) cnlendal' days after completion of the hearing unless such time is extended by mutual agreement A written opinion may be requested by a party from the presiding arbitrator. The decision of the Arbitrutor shall be J238·0l'ljj
EXHIBIT 2
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Attachment A
final and binding on all parties. The Arbitrator shall have no authodty to change� amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties.
12.4 The time Jimits specified in any step of the Grievance Pl'ocedure set forth in Section
12.2 may be extended by mutual agreement of tho parties 1nitiated by the written1·eg\1est of one party to the other, at the appl'opdate step of the G1ievance Procedure. Howevet·, failure to process a grievance, or failure to respond in wriUng within the time limits pl'Ovided above, without an agreed upon extension of time, shall be deemed II waivel' of such gdevenoe without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or dlsp,ltes, In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Otievance Procedure, the pa1ti� agree that such settlements shall not be precedent setting.
ARTICLE XIII
WORI< ASSIGNMENTS AND ,UIRISDICTIONAL DISPJJTES
13.1 Tile assignment of Covered Work will be solelythereaponsibilityofth.e Employer pcrfo11ning tho wod< involved; and such work asslgnments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.
13 .2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan m· method of procedure that may be adopted in the future by the Building und Constmotion Trades Departmenl Decisions rendered shall be final, binding and conclusive on the Employers and Unions pa.l'ties to this Agreement 13 .3 If n dispute arising under this Article involve8 tl1e Northern California Carpenters Regional Council ot· any of its subordinate bodies, an Arbitrator shnll be chosen by the procedures specified in Attic le V, Section 5, of the Plan from a list composed of John Kugel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Atbitrato:rs heal'ing on the dh,-pute shull be held at the offices of the Californin State Building and Construction Trades Council in Sacramento, Califomia within fomteon (14) days of the selection of the Atbitrator, All othor procedures shall be as speoified in the Plan.
13 .4 Alljul'isdictional disputes shall be resolved without the ocourrence of any strike, work stoppage, or slow-down of any nature and the Employer's assignment shall be aclhered to W1ti1 the dispute is resolved, Individual employees violating this section shall be subject to immediate discharge. Bach Employer will conduct I\ pre..job conference with lhe Council prior to co1nmenciug work. The Project Managet' and City wm be advised in advance of all such conferences and may pat'ticipato if they wish. Pl'e-job conferences fol' different Employers may be held together.
3231l-017Jj
EXHIBIT 2
EXHIBIT D
Attachment A
ARTICLE XIY l.\fANAGEM£i'[
RIGHTS
14.1 The Contractor(s)/Bmployer(s) shall retain full mid, exclusive nuthority fo1· the management of their operations, inclllding the right to direct tbeit' wodcforce in thefr sole discretion. Except ns provided by Section 2.3 nnd by the lawful manning provisions in the applicable Master At,rreement, no rules, customs or ptnotices shall be permitted or obse1vcd which limit or l'estrict production, 01· limit or resttict the working efforts of employees.
ARTICLE XV:
HELMETS IQ HARDHATS
15.1 The Contractor(s)/Employer(s) and the Unions recognize a desire to faciHtate the entry into the building and construction trades of veterans and members of the National Oua1'<l and Reserves who are interested in careers In the building and constmction industry. The Contractor(s)/Employer(s) and Unions agree to ut ilize the services of the Center for Milital'y R.ecruitnieni, Assessment and Veterans BmployJuent (hereinafter ''Center); ajoint Lnbo1• ..
Mm1ngement Cooperation Trust Fund, established under the airthodty of Section 6(h) of the Lahor"Managemerit Coope1-aiion Act of 1978, 29 U.S.C. Section 175(a), and Section 302(c)(9) of the Lab01·�Managernent Relations Act, 29 U.S.C. Section 186(c)(9), and a oharitable tax ex.empt organization under Section 50l(c)(3) of the lntet.nal Revenue Codo, and the Cente1's "Helmets to Hardhat.111 progran1 to se1ve as a rcsom'Ctl for preliminnry orientation, assessment of construction aptit11de, refenal to apprenticeship programs or hiring halls, counseling and inentol'fog, suppo1t network, employment opportunities and other needs as identified by tho parties.
15.2 The Unions and ContrnctOl'(s}/Employer(s) agree to coordinate with the Cente1· to pat·ticipate in an integrated database of veterans and members of the National Guard and Reseives interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the exttmt pe1mitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
15.3 Nothing in this A.t'ti.cle shall be interpreted to preclude any Contmctot(s)/Etnployel'(s) that is not signatory to a Master Agreement to utilize an alternative plnn or program for recruiting, tmining and facilitating construction industry employment opportunities for military veterans and members of the National Guard and Reserves. Before utilizing S\lch alternative program on the Project, such Contt�ictor(s)/Employor(s) shall provide the City with u description of such plan or pt·ogram.
ARTICLExyr
DRJJG & ALCOHOL TF.,STINQ
16. l The use, sale, transfel', purchase nud/01· possession of n controlled substance, nlcohol and/or firearms at any time during the work day is pl'Ohibited.
16.2 The Parties agree to recognize and use the Substance Abuse Program contained in each applicable Umon's Schedule A.
3238-017jj
ARTICLEXYU
TERM SAVINGS CLAUSE
Attachment A
17. l The parties agree that in the event any article, p1·ovislon, clause, sentence or wo1'<l of the Agreement is determined to be illegal or void as boing in contl'llvention of any applicable law, by a court of competent jurisdiction, the 1-emainder of the Agi·eement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal
or void, by a court of competent jul'iHdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent und purpose of the article, provision, clause, sentence or work in question.
17.2 The parties aJso agroo thnt in the event th.at ft decision of a court of competent jurisdiction materially ulters the terms of the Agreement such that the intent of the parties is defeated, U1en the entire Agreement shall be null and void.
17.3 If a cou1t of coinpetentjurisdiction determines that all or pwt of the Agreement is invalid and/or enjoins tho City from complying with all 01· part of its provisions and the City accordingly determines that the Agreement will not be 1·equired as part of lll1 award to a Contractor(s)/Entployer(s), the unions will no longer be bound by the provisions of Article lV.
ARTICLE XVIU
LOCAL HIRE, PRIORITY APPRRNCTICE AND WQRK11QRCE
DEVELOPMENT PROGRAM
18. l The objective of the City in creating this Locnl Hire, Priority Apprentice and Workfol'ce Development Progn1rn is to enhance and encourage employment opportunities for Stockton residents and to enable effective
coustmction career pathways for Local Area Residents
through California State approved Joint Apprenticeship Programs. To thtit end, as patt of the Agreement, the City establishes goals for the hiring, training and retention of Local Area Residents.
18.2 Local Hire. The City establishes the following Local Hire goals and commitments:
18.2.1 The parties agreo to make a good fuith eff01t to refor on a priority basis, consistent with the non-dlscdminatory referral procedures of the applicable Union, qualified and available� Local Area Residents for Project work. The parties agree to a goal that Stockton 1·esidents shuU perfo1m a minimum of 50% of the hours wo1ked on the Project by the Contractors' total construction workforce. In the event that a sufficient m1mbor of Stockton residents are not availoble to fulfill the .SO% local hiro requirement, the nex.t tier of l'esiclents shall come from anywhere in San Joaquin County. The Contrnctor(s) shall mnke good faith efforts to reuch this goal tltl'ough the utilizatio11 of the Unions' hiring hall p,:ocedu1·es. The Unions shall exercise their best efforts in their recmitlng and training of Stockton resident wodrei:s and in utilizing their hil'ing hall pl'Ocedures to facilitate this 50% goal.
18.2.2 The parties also recognize und support the City's commitment to provide opportunities for participation on the Project to Stockton businesses through the City's Local Business Preference Ordinance. In fottherance of this commitment, the parties agree that such l'238-017ii
EXHIBIT 2
EXHIBIT D
EXHIBIT 2
EXHIBIT D
Attachment A
Stockton cont:l'actol's and subcontl·actors awarded work on the Prnject may request by name, and the Local Union will honor, referral of persons who have applied to the Local Union for Project wo1i<:, and who demonstrate the following qualificutions:
perfonned;
(1) possess any license required by stote or federal law for the Project work to be (2) have worked a total of at least two thousand (2,000) hours in the const1uction craft dudng the prior two (2) years;
(3) were on the Contl·actor's actlve payroll foa· at least ninety (90) out of the one hundred and twenty (120) calendar days prior to the contract oward; and
( 4) have the ability to perform safely the bnsic functions of the applicable trade; (5) are Stockton.residents.
The Union will refol' to such Contractor one journeyman employee from the l1hing hall out-of-work list fot· the affected trade or craft, and will the111•efor one of such Contractor's "core" employees as a journeyman and shull repeat tlte process, one nnd one, until such Contractor's crew requlremcnts are met m· until such Contractor has hired five (5) "corn" employees, whichever occUl's first. Thereafter, all odditional employees In the affected trade or craft shall be hired exclnsively from the hiring hull ont�of-work list(s). Fo1· the duration of the Contract0t·'s wol'k, the ratio shall be maintained and when the Contractor's workforce is reduced, employees shall be reduc�d in the same ratio of core employees to hu:ing hall referrals as was applied in the initial hiling.
18.2.3 The Contrnctor shall notify the appropriate Uni0t\ of the name and sooial security number of each direct hfre and each direct hire shnll register with the Union's hiring hall and comply with Article VII before commenoing Project wol'k. If there is any question regru·ding an employee's eligibility under Section 18.2, the City, at a Union's request, shall obtain satisfactory proof of such from the
Contt·aotor.
18.3 Priority Apprenticeship and Workforco Development
18.3, 1 Recognizing the need to develop adequate numbers o.f competent workel's in the construction industry, the Contractor(s)/Employel'(s) shall employ apprentices of a California State approved Joint Apprenticeship Program in the respective crafts to po1fo1m such work as is within their capabilities and which is custommily performed by the cmft in which they are indentured. The apprentice ratios will be in compliance with the applicable pl'Ovisions ot'the California Labot· Code and Prevailing Wage Rate Determination.
18.3.2 The parties agree to a goal that 50% ofapprentices employed on the Project shall be residents of the City of Stockton or othet· Local Area Re.�idents. In achieving this goal, at risk youth who reside in the following zip codes within the City of Stooktou, shall be given prlodty in the apprenticeship tecm.itment process: 95202, 95203> 95204, 95205> und 95206. If attfficient n.utnbe1·s of Stockton residents are not uvttiluble, then a good faith effort will be made by the Unions to utili:l.e residents of S011 Joaquin County. All a.ppl'entices l'eferred to Contrnctol's undor this 3lJS.0l7Jj
Attachment A
A.greement shall be enrolled in Stab� of Cnlifomia approved Joint Appnmticeship Programs. Subject :o any legal restrictions, the patties agree to a goal that apprentices will perform twenty percent :20%) of the total craft bours worked on lbe Project unless an applicable Maste1· Agreement provides for a greater percentage. The Unions agree to cooperate with the Contractors in furnishing 1pprentices ns requested and they shall be propedy supervised tmd paid in accordance with the �1·ovisions of the applicable Master Agt·eemcnt,
18.3 .3 Tho Contractors and Unions shull make good faith efforts to t·each the apprenticeship gonhi set forth in this Section 18.3 through the utilization of no 1mal hiring hall and apprentice pt'OCedm·es and, when appropriate, the iclentification of potentially qualified apprentices through community•based organizations working in collaboration with the apprentice programs.
The Unions are committed to working with the Contraotors and community based organizations to achieve these goals. At least annually, the Uniomi and the City will each conduct a Community Career Fair to provide at-l'isk youth, veterans and others ru1 opportunity to learn about each ct•aft and the process for entering their appl'enticeship program. 18,4 Good Faith Effotts, A Contractor or subcontn�otor must ttllce the following good faith steps to deuioostrate that it has made every offort to reach fuel,0cnfHire, '.Ptforlty • Apprenticeship and Workfo1-ce Development Program goals of the City, The Contractor or subcontractor shall attend scheduled Pre-Job meeti ngs heJd under this Agreement nnd shall submit written workforce projections and projected work hours on n craft-by-craft basis.
18.4.1 Within seven (7) calendar days after Notice to Proceed, the Contl.'actor or subcontractor shall meet with the U111ons 11nd the City to pl'esent it..'I plan for reaching the Local Hire, Priority Apprenticeship and Workfol'ce Development P1-ogram goals.
18.4.2 The Conh-actor or subcontractor shall notify the Project Manager of the City by U.S. Mail or electmnic mail if a Union hiring hall canuot, upon request by the Contractor or subcontractor, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contrnctor or subcontractor to retain all evidence of such good faith effo1·ts.
18.4.3 The Contractor or subcontractor may use the "Nrune Cotr•, "Rehire" or other availnble hiring hall procedures to reach the goals of this Article XVIII,
18.5 Enforcement, Compliance and Reporting
18.5.1 Contractors will be required to sribmit Ce1ti:fied Weekly Payrolls to the City along with monthly workforce utilization reports dooumentlng the Contractor's complilmce with the requirem ents described in this Article. At a minimum, the monthly l'Cports must include: 1) data on Stockton nnd Local At·ea Residents work hour utilizatioll on tho Project and Local Aren Resident<J; and 2) documentation showing any request.<J made to the Union dispatchers for Stockton J'esidents and the Union's response to tho request
18.5.2 The City sta.fT shall monitor the opemtion of the Local Hire, Priority Apprenticeship and Wo1'kforce Development Progrum and shall consider allegations of non compliance with the goals stated in this Article. If there is a detel.'mination by the City that a Contractor or Sliboontrnctor has not complied with the goals or demonstrated good faith effo11s to 3238-01'/.ll
EXHIBIT 2
EXHIBIT D
Attachment A
do so, tho City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.
18.5.3 For any Project subject to this Ag1:eement1 the Local ffm,, Priority Apprentice and Workforce Development Program requiremen� of this Article 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 ProjecL
ARTICLE
XIXJElW
19.1 This Agreement shall become effective 30 deya after the day the City Council takes action to authori:t.e its execution, and it shall continue in full force and eff eot for a porlod of three (3) years, at which time this Agreement may be considered for extension or renewal .. The.terms ofthls Agreement shnll:aupJyto any Projectthat is bid or solicited after the effective date and before the expiration of this Agrecmep.t, Tho Agreement shall continue to apply to any Project subject to !his Agreement until the completion of all Covered Work on the Project,
CITY OF STOCKTON
Name: KURT 0. WILSON
Title: CITY MANAGER
:m DANIBLCARDOZO
SAN JOAQU1N BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL
CIO COUNCIL
Date:-�-----
Name:
Titlo:
3238-017Jj
EXHIBIT 2
EXHIBIT D
Attachment A
do so, U1e City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good fnith effort to achieve the objectives of this Article, • • ••
18.5.3 For !lily Project subject to this Agreement, the Local Hil'e, Priol'ity Apprentice and Workforce Development Program requirements of lltls At'ticle 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 Contrnctors/Employel's wol'lcing on the Project,
ARTICJ,E
XJXllRM
19.1 This Agl'eement shall become effective 30 days aft0'1' the day the City Council talces action to authorize its execution, end it shall continue in full forcu and effect for a period of three (3) years, ot which tlme this Agreement may be considered fo:r extension or renewal. The terms of thiB Agreement shall apply to any Project that is bid or soli�ited �.tter lb:e·effective·date -anct before-unr·expl.tation-ofllifo• Agrooli'ient • 'i1fo"J;:gi'eemenfiilwr coiiunue to apply to ally Project subject to this Agreement until the completion of all Covered Work 011 the Project.
CITY OF STOCK.TON
Name: KURT 0. WILSON
Title: CITY MANAGER
ATTEST:
By:-------
BONNIE P AIOE. CITY CLERK
APPROVED AS TO FORM
By:-------
DANIEL CARDOZO
Dato:
APPROVED AS TO FROM
By: ______ _
JOHN M. LUBBBERKE
CITY ATTORNEY
Tille: _______ _
SAN JOAQUIN BUILDING AND CONS:l'RUCTION TRADES COUNC� AFL CIO COUNClL
���
Title: �c-n:.:t·� / 'f rv:L�I) �
l23R-Ol 7.il
Date: :6/fJ.LJ//(p
EXHIBIT 2
EXHIBIT D
Sheet Metal Workers# 104
!Alil(���tr. 5:S
�.,,!,?�. F �---t-��;__
)1}S-017jJ
Attachment A
. enters Regiooal
Couool'I on behalf Qf itselfand its
.J (·
Labor� #73
-�--Toam.s,ters #439
EXHIBIT2
EXHIBIT D
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT 2
Bond #: 80454
That we, Spektren Engineering, Inc. , a STATE OF CALIFORNIA CORPORATION, as Principal and Western National Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Minnesota and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE MILLION NINETY-EIGHT THOUSAND THREE HUNDRED FIFTY AND 78/100 DOLLARS ($1,098,350.78), 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:
LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26
S81 - MILL AND OVERLAY
(PROJECT NO. WD26003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond,
EXHIBIT 2
Bond #: 80454
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.
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
MARCIA.ARREDONDO
OFFICE OF THE CITY ATTORNEY
By:-----------
DEPUTY CITY ATTORNEY
Western National Mutual Insurance Company
SURETY
� �--7
By: � --�
ATTORNEY-IN-FACT
State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in a Representative Capacity
State of OREGON
County of 1>;,�LAf
This record was acknowledged before me on (date) j\Jf':'< 2.. � , 20 2C. by (name(s) of individual(s)) ---�2_((._1 _c._V;-'---'8'l--�---'-�------- -- as (type of authority) _ ___._frrrp'-L.....,;;'--�...;...._....;.?__,_,r--_--'-�...;...._-'---- of (name of party on whose behalf record was executed)
zh4t1�
Notary Public - State of Oregon
Official Stamp
&:J:.,·-· � �
OFFICIAL STAMP
i-.�· �
.
� :0 JEFFREY WILLIAM BARNES
.
..
.. , • :" NOTARY PUBLIC - OREGON
1 " COMMISSION NO. 1054321MY COMMISSION EXPIRES DECEMBER l8. 2028 Document Description /
This certificate is attached to page _L of a -'""=.L.......L..><..:.........:....:...:.'-!.1.1.L..l<.:::...�title or type of document), dated -'"'-"-'--=----__:z..'-'°I'---' 20 -1.5'.:, consisting of __ Z-_ pages.
EXHIBIT 2
,.,
Wl!:STl!:l'IN NATIONAL
"' ... c.
7'tf: l"fkmo,uhu, C(lmpan.v
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Eric Verkouteren, Caleb Cathey, Paula Jaramillo, Kevin Harvey Gritly Insurance Services Inc. #10248
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/1 00 Dollars ($7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president. any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this _filb_ day of December , 2023.
Jennifer A. Young, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Mark S. Hewitt, Vice President, Surety
On this 5th day of December. 2023, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation .
CERTIFICATE
• OEENAANJAJ..I emu<lN
NOT.ARY PUeUC -.:IOTA ..,.��,�now Deena Anjali Entrikin, Notary Public My commission expires January 31. 2029
I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
l(J \./ --7 zr. Signed and sealed at the City of Edina, MN this __ �_day of __ � ....... -=---· 1J> <P Jennifer A. Young, Secretary
EXHIBIT 2
EXHIBIT 2
Bond #: 80454
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, SPEKTREN ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and Western National Mutual Insurance Company , corporation, organized and existing under the laws of the State of ____ M_in_ n_e_so_t_a___ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE MILLION NINETY-EIGHT THOUSAND THREE HUNDRED FIFTY AND 78/100 DOLLARS ($1,098,350.78) 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:
LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26
SB1 -MILL AND OVERLAY
(PROJECT NO. WD26003)
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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Bond #: 80454
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.
APPROVED AS TO SURE TY:
APPROVED AS TO FORM & CONTENT:
MARCIA.ARREDONDO
OFFICE OF THE CITY AT TORNEY
By: -----------
DEPUTY CITY ATTORNEY
By:
Western National Mutual Insurance Company
SURETY
By: ��-
AT TOR NEY-IN-FACT
State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in a Representative Capacity
State of OREGON
This record was acknowledged before me on (date) �� l i .20 U by (name(s) of individual(s)) --�{?�t,,_lc.._��c;;;_r:.cJ.J_��--------- as (type of authority) £((<�✓ , ..- �
record was executed)
Notary Public - State of Oregon
Official Stamp
Document Description
of (name of party on whose behalf
This certificate is attached to page __k_ of a '.bo,w, � LM,;)(L � �(btle or type of document), dated j, Irr: 7 "I , 20 i_ro, consisting of _z_.�- pages.
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Eric Verkouteren, Caleb Cathey, Paula Jaramillo, Kevin Harvey Gritly Insurance Services Inc. #10248
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/1 00 Dollars ($7,500,000. 00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary. may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this _5th day of December, 2023.
Jennifer A. Young, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Mark S. Hewitt, Vice President, Surety
On this 5th day of December, 2023, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation .
CERTIFICATE
• DEENAANJALI ENT'RJION
NOTAR'I' PIAIUO
MIIMSOTA
ft1tJ�e.pa,,.1Qi�
Deena Anjali Entrikin, Notary Public
My commission expires January 31, 2029
I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of{he bo(:lrd of directors set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Edina, MN this hday of ,)Jnv
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