1 CONSTRUCTION CONTRACT
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his contract is made and entered into on _____________, by and between G&G BUILDERS INC, a STATE OF CA CORPORATION, with a business address at 4542 CONTRACTORS PL, LIVERMORE, CA 94551, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W
I T N E S S E T H:
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HEREAS, funding for the construction of NAVIGATION CENTER, hereinafter called “PROJECT,” was adopted b y Council Resolution No. 2020-11-17-1402, on November 17, 2020; and
WHEREAS, the contract for the Installation of the Container Structure and Site Work was originally awarded to CONTRACTOR, by the Stockton Shelter for the Homeless, on May 9, 2022.
WHEREAS, the City assumed responsibility for the completion of the Navigation Center upon the transfer of the Stockton Shelter for the Homeless’ sublease to St. Mary’s Dining Room, and the Stockton Shelter for the Homeless ’ cancelation of all Navigation Center construction contracts, effective September 1, 2023.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
1. SCOPE OF SERVICES. T o do the work and furnish all the labor, materials, tools, equipment, and insurance required for the Installation of Container Structure and Site Work of PROJECT in accordance with the Encroachment permit obtained on October 22, 2022, the California State Fire Marshall Permit # 21-N-3527-C-DR approved on June 30, 2022, and Exhibit A. The "contract documents," which include Exhibit A and stamped permit, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth. The contractor, promptly after being awarded the Agreement, shall submit to the City a Contractor’s construction schedule for the Project.
The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the W ork, interim schedule milestone dates, and the date of Substantial Completion which shall be no later than the Work Completion Date in Section 6 below; (2) an apportionment of the W ork by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule may be revised at appropriate intervals as required by the conditions of the Work and Project.
2. COMPENSATION. T o do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary 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 Economic Development of the City of Stockton. Total compensation for services and
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2 reimbursement for costs shall not exceed $1,341,961.48, or as otherwise mutually agreed to in a Contract Change Order.
3. I NSURANCE . 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.
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t 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.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
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3 CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. I
NDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. S TANDARD PLANS AND SPECIFICATIONS. For any work in the City Right of Way/items covered under the Encroachment Permit that would be inspected against City Standards, the performance of said work and the furnishing of said materials shall be executed in accordance with Section 8- 1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
6. W ORKING DAYS. This work shall be diligently prosecuted to completion before the expiration date of May 31, 2024 (the “Work Completion Deadline"). 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 by the Work Completion Deadline, 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 ONE THOUSAND AND NO/100 DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the Work Completion Deadline; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
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t is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements by the Work Completion Deadline, the CITY shall
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4 have the right to extend the Work Completion Deadline or not, as may seem best to serve the interest of CITY, and if the CITY decides to extend the said Work Completion Deadline, 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 ar e 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.
CONTRACTOR shall not 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 Economic Development, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Economic Development 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 (each, a “Covered Delay”). For each day where there is a Covered Delay, the Work Completion Deadline shall be extended a corresponding number of days.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Economic Development 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. CO
NFORMANCE 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. TI
TLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
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5 b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c.
LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PR
EVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii
. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall
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6 reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Economic Development Department, Attention Director 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 D IR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. S
ANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. CO MPENSATION. 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
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7 the basis of the progress certificate of the Director of Economic Development as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty -five (35) days from the completion of said work of construction and the certification by the Director of Economic Development of such completion.
9. SEC URITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANG
E ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
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ny 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.
Where City of Stockton Standard Specifications are applicable, p rocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopt ed 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. AUDI
TS. 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.
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ONTRACTOR 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
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8 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. W
AIVER. 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.
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t is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
ELIZA R. GARZA
CITY CLERK
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
G&G Builders, Inc.
By:
DEPUTY CITY ATTORNEY
Tax Identification
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September 20, 2023
City of Stockton
Carrie Wright
[email protected]
209.937.8694
Project: Stockton Shelter for the Homeless, 411 S. Harrison St., Stockton, CA 95203 Below is the summary of scope and pertinent information for the Stockton Homeless Shelter project qualification letter provided at bid time for your reference. Revisions, comments/notes, including remaining scope of work to complete this project per G&G Builders contract obligations shown in blue to also include scope items that will need to be completed by others that were not included within our original base contract scope of work:
Budget Breakdown:
Base Bid/Contract Value: $2,490,515.00
Approved Change Orders: $129,086.71
Revised Contract Amount: $2,619,601.70
Total Completed & Stored/Billed to Date (Including Aug. 2023 PayApp-011): $1,976,145.82
Balance to Finish: $643,455.88
Potential Change Orders per Scope Changes Log dated 08/17/23: $511,467.15 Includes PCO’s 04, 08, 10, 11, 13, 14, 15, 16, 18, 19 (ROM) & 20 *ROM to paint exposed MEP Piping if required per PCO-17: $12,000.00 Total Balance/Cost to Complete including PCO’s = $1,166,923.03 15% Contingency: $175,038.45
Total Balance/Cost to Complete (including PCO’s & 15% Contingency) = $1,341,961.48
Project Documentation Available:
1. 100% Construction Documents dated 01/26/2022 (issue date: 02/02/2022) **There was a typo on the project drawing coversheet, see below:
a. Fire Access Submittal
b. CSFM Permit #21-N-3527-C-DR
c. Includes Architectural, Civil, Electrical, Mechanical, Plumbing, Concrete Foundation, Structural, and Fire Sprinkler plan sheets.
2. Delta 1, Plan Review Comments (02/22/2022), 100% Construction Documents dated 04/13/2022. a. CSFM Permit #21-N-3527-C-DR
3. Stockton Shelter for the Homeless Compiled Drawing Set received on 03/09/2023, reference downloadable Dropbox link below:
a. Stockton Shelter for the Homeless - 100% Construction Documents (CalFire Permit #21- N-3527-C-DR)
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00 23 00 – Office Trailers
• Provide (1) 8’x40’ Jobsite Combo Container/Trailer
o Includes on-site storage.
o Includes on-site office.
01 00 00 – General Requirements/Conditions
• The original budget provided does not have Prevailing Wage included. • G&G Builders and subcontractors have provided budget numbers based on Prevailing Wage as this is a Public Works project.
• Includes the following:
o On-site Supervision
o Site Specific Safety Plan
o Equipment Rental as required.
o Project Management & Administration as required.
o Progressive & Final Clean-up
• Reference PCO-18 – Extended GC’s to include additional cost impacts for On-Site Supervision, Project Management/Administration and Equipment Rental due to the project delays outside of G&G Builders control. (Weather, Caltrans approval, CalFire approval, Lease Amendment between Caltrans, City of Stockton and Stockton Shelter for the Homeless.
01 45 35 – Special Inspections
• Excludes costs for any Special Inspections (Removed)
• Revised overall budget to include $20,000 cost for Special Inspections (taken from cost code: 21 10 00 Fire Sprinkler budget of $25,000.) Fire Sprinkler budget revised to $5,000 in lieu of $25,000 originally included.
01 45 00 – Code Inspections
• Reference PCO-06 – Code Inspections to cover the cost for code inspections by a 3rd party firm (4LEAF, Inc.)
• Note, code inspections reports to be provided to CalFire to review in order to obtain Certificate of Occupancy.
01 45 35 – Surveys (Complete)
• Includes costs for site surveys as required.
o If survey costs increase, G&G Builders will review and submit a change order if necessary for review/approval that will be taken against the contingency to cover overages.
01 89 00 – Site Construction
• Approx. 6,000SF of (N) 20’-0” wide fire access lane with red ‘Fire Lane-No Parking’ approx. 630LF of painted red curb per keynote 17 on A1.0 per approved site plan dated 01/26/22. o The (N) Fire Access Road requires additional sitework, trenching and grading as required. • Includes approx. 4,400SF of 4” concrete walkway throughout the site for ADA access and to the parking lot as required.
o Includes additional excavation and approx. 6” thick of engineered fill material as required before the (N) concrete walkway is placed.
• Excavation of site cost is higher now that there is more information available for the concrete foundation, footings, and flat work.
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• Reference revised scope of work per PCO-07 – Revised Concrete Sidewalks & Fire Lane along with PCO-13 – Revised Concrete Walkways per latest Landscape drawings provided by Jeffrey Gamboni.
• Excludes irrigation and planting scope of work, to be completed by others under a separate contract.
• Reference downloadable Dropbox link below:
o Stockton Shelter for the Homeless - Final Landscape Drawing Set (Received 08/01/23)
02 20 00 – Fire Access Road
• Provide (N) compacted gravel fire access road.
o Includes excavation as required.
• Fire Access Road for fire apparatus turnaround is shown on sheet A1.0 per keynotes 16 & 17.
G&G Builders qualified as compacted gravel in lieu of AC asphalt pavement to reduce overall costs.
• Compacted gravel fire road was not acceptable, please reference PCO-07 – Revised Concrete Sidewalks & Fire Lane to provide an AC paved fire road in lieu of compacted gravel.
02 30 00 – Excavation & Site Grading
• Assumes approx. 420 CY of spoils to be spread on-site, not compacted, or rolled. o Excludes hazardous soil, removal and/or off-haul if required. o Construction definition of ‘spoil’ is excess material removed as overburden or generated during road or landing construction which is not used within limits of construction. o If there are more than 420 CY of spoils removed for underground utilities, site concrete, concrete foundations/footings, etc. that will also be spread throughout the site. ▪ If this cannot take place, there will be a cost to load/off-haul/dispose of any remaining dirt/spoils removed from the site.
• Reference PCO-13 – Revised Concrete Walkways for additional excavation as required per revised Landscape Layout.
02 41 00 – Modular Building Demolition (Complete)
• Includes demolition, off-haul, and disposal/dump fees of (1) (E) modular building.
03 00 00 – Concrete (Complete)
• (N) Engineered concrete foundation and footings per sheets F100 & F400 o Includes (27) PL3/8”x16”x16” w/(4) 3/4" dia. x 6” studs at ea. plate o Included (12) PL1/4”x12”x12” w/(4) 3/4" dia. x 6” studs at ea. plate o Sheets F100 & F400 are included within the 100% Construction Document project drawing set dated 01/26/2022 referenced on ‘Page 1’
• (N) Elevator concrete pit with walls and elevator machine room concrete pad o Includes engineering as required.
31 10 00 – Palm Tree Removal (Complete)
• Cut/Remove/Dispose of (1) (E) Palm Tree including root ball as required.
05 00 00 – Container Erection & Field Welding (Complete) • Includes rigging, hoisting, and setting of IMS containers o Includes costs of crane as required.
• Includes certified field welding of IMS containers as required. • This scope of work has been completed.
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05 51 00 – Design Building Egress Stairs
• Furnish/Install (2) (N) design-build Egress stairs per sheets A.9.0, A9.1 & A3.0 o Stairs to go from Level 1 to Level 3
o Includes guardrails and handrails as required.
o Includes pedestrian gates and fencing as required.
o Includes corrugated metal roof at each stair.
o Includes Erection/Shop Drawings and Engineering as required. • Provide concrete footings and concrete slab as required for the (N) egress stairs as required. • Reference PCO-20 - Re-Design Egress Stairs to include additional costs to redesign the stair erection drawings and recreate the stair fabrication drawings to accommodate actual field dimensions, elevations, footing locations which deviate from the already reviewed/approved stair erection and fabrication drawings.
07 50 00 – Membrane Roofing w/Gutters & Downspouts
• Provide (N) Membrane Roofing per proposed Roof Plan dated 01/07/22 and details shown on sheet A2.2 dated 01/7/22.
o (N) roof qualified as 2x6 wood board around the roof perimeter with tapered insulation to provide 1/4" slope as required. Includes gutters and downspouts as required. o Includes (N) roof hatch and ladder as required.
• Reference PCO-15 – Roof Cost Impacts due to material/labor cost increases along with the value engineered option was not acceptable due to not meeting the minimum acceptable ‘R’ value.
• Integrated Modular Solutions (IMS) to install 3-1/2” thick fiberglass batt insulation on the 3rd floor above the ceiling grid.
• Roofing subcontractor is scheduled to load material onto the roof Tuesday 8/29/23.
09 01 01 – Painting
• Includes allowance for exterior paint touch-up as required after field welding of the containers has been completed. Work to be scheduled/complete.
• Includes allowance for interior paint touch-up as required after containers have been set in place and any drywall patching was completed. Complete.
09 21 00 – Gypsum Board Assemblies
• Includes costs for drywall patching of interior walls as required once the floors have been delivered and set in place. Work has been Completed.
o All Interior gypsum board wall assemblies will be completed at Integrated Modular Solutions factory by others. This cost is for any on-site drywall patching that may be required due to shipping damage, trade damage and/or access for MEP installation. • Excludes any on-site work and/or cost impacts to correct the (E) walls to be fire rated as shown within the drawings, this is to be completed by the container manufacturer, Integrated Modular Solutions (IMS).
13 44 00 – Modular Building Relocation (Complete)
• Relocate (1) (E) 24’x40 & (1) (E) 12’x40’ modular buildings. o Includes electrical safe-off and temporary reconnection. o Excludes cost to demolish/off-haul (2) (E) modular building trailers when construction is completed.
• Includes demolition of (E) fence to allow for modular buildings to be relocated.
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• This work has been completed. Note excludes costs to remove/relocate the (E) Staff Office Modular Trailer and excludes costs to safe-off/remove (E) electrical to that building if required.
14 20 00 – Modular Elevator & Machine Room
• Installation has been completed, once the building receives power G&G Builders will schedule for the elevator installer to come back on-site to complete the installation/setup, including inspections.
• Reference PCO-14 Elevator Seismic Gap that is required and determined after the deposit was issued to the modular elevator manufacturer (Phoenix Modular) and Engineered drawings received which dictated a seismic gap requirement that was unknown at the time of base bid contract issuance.
• Furnish/Install (1) Modular Elevator, Phoenix Modular model #SLF-AC3000, 3,500 lb. capacity. o 3 inline stops, 24 feet 0 inches of travel (assumed)
o Engineered for 100 fpm travel speed, 208 volts, 3-phase, seismic zone 4, wind speed 90 mph.
o Compliant with 2004 A17.1 elevator code.
o Hoistway
▪ 5/8” exterior fire-rated Type X sheathing
▪ Flat Duro-Last roof
▪ 1-hour drywall
▪ Steel lining in pit area
▪ Mold-resistant sealer on drywall
▪ 15-pound T rails
▪ 2-stage telescoping hole-less jacks
▪ Pit ladder
▪ NEMA 4 pit light and outlet
▪ Stop switch.
▪ Overspeed/rupture valve
o Doors and Entrances
▪ White enamel 42” single slide hatch doors and entrances o Cab
▪ 3500 lb capacity ADA wheelchair-compliant cab
▪ Stretcher compliant with IBC 2006 and later
▪ Wood core walls with WilsonArt plastic laminate in your choice of standard color ▪ Suspended Island aluminum frame ceiling with polycarbonate panels ▪ White enamel 42” single slide doors in front
▪ Stainless steel floor vents
▪ 1-1/4" round railing on rear walls
▪ Single-speed fan
▪ Light and outlet in top of car
▪ Wood sub-floor ready to receive flooring of choice.
▪ Certificate frame in car
o Controls
▪ Brushed stainless steel fixtures.
▪ Cab operating panel with:
▪ Digital position indicator
▪ Emergency light
▪ Locked firefighter’s box
▪ Alarm bell
▪ Door open/close buttons
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▪ ADA hands-free autodialer
▪ Illuminated buttons with Braille
▪ In-car access-enable switch
▪ Independent service switch
▪ Hallway operating panels with:
▪ Call buttons with Braille for each floor
▪ Fire service key on main egress
▪ “In Case of Fire” sign (provided separately)
▪ Hoist way access switch on top and bottom floor
▪ Hall directional lanterns (for all stops)
▪ EC Pixel Controller with:
▪ Simplex
▪ Selective collective
▪ Soft-start motor
▪ Nudging
▪ Reverse phase detector
▪ On-board diagnostics
▪ Fire service
o Modular Machine Room
▪ Modular machine room to go on the side or rear of the elevator. ▪ 5/8” exterior fire-rated Type X sheathing
▪ Sloped Duro-Last roof
▪ 1-hour drywall
▪ Pump, tank, motor, valve, and controller mounted in room. ▪ Pre-installed electrical, including 3-phase disconnect for controller. ▪ Mini split unit
▪ Low oil/negative pressure switch
▪ Two ball valves
▪ Blowout muffler
▪ Pre-cut piping/fittings package
▪ Additional Engineering for Modular Elevator concrete foundation w/pit walls and machine room concrete foundation
21 10 00 – Fire Sprinklers
• Budget includes costs for any on-site fire sprinkler work required. o Excludes engineered fire sprinkler drawings, fire riser, and permit/inspection fees • Includes allowance to cover fire sprinklers at egress stair and elevator to tie-in to the building fire sprinkler system. (Removed)
• Engineered Fire Sprinkler drawings (included within the 100% CD set dated 01/26/2022) were completed by Fire Protection Engineering Services and stamped by a Professional Fire Protection Engineer Donald Keil Neal on 02/16/2022.
o Fire Sprinkler scope of work/subcontractor falls under Integrated Modular Solutions contract and not G&G Builders.
o Allowance initially included was for any on-site fire sprinkler work that may be required. • Revised overall budget to include a $5,000 cost for Fire Sprinklers (moved $20,000 from cost code 21 10 00: Fire Sprinklers to cost code 01 45 35 – Special Inspections to cover Special Inspection costs).
• Fire Sprinkler budget revised from $25,000 to $5,000.
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• Fire Sprinkler contract is directly with the container manufacturer, Integrated Modular Solutions (IMS). To confirm, the (N) underground fire water has already been installed and inspected by CalFire.
22 00 00 – Plumbing
• Engineered Plumbing drawings dated 02/02/2022.
o Includes exterior underground plumbing connections to inline main point of connect at containers.
o Includes interior plumbing connections from container to container as required. • All interior and exterior plumbing connections have been completed except for some interior water connections as there is no access based on where Integrated Modular Solutions roughed- in the water lines. To be completed on-site by IMS.
• IMS needs to finish installation/connections of the hot water heaters as they were not completed in the factory.
23 00 00 – HVAC
• Engineered Mechanical drawings dated 02/02/2022.
o Includes allowance for on-site HVAC connections from the (12) (N) rooftop condenser units to the interior split units as required.
• All interior copper set line connections have been completed, once the roof installation is complete the (12) roof top mounted condensing units will be installed along with connect the copper set lines coming out of the building to those units. • Note, the roof is scheduled to be completed early to mid-September.
26 00 00 – Electrical
• Engineered Electrical drawings dated 02/02/2022.
o Includes budget allowance for all on-site electrical connections as required between containers/floors once on-site final assembly is completed. • Includes (N) 800-Amp upgraded electrical switchgear to handle the final calculated load as required.
• Includes disconnects, wire and terminations for (12) (N) rooftop condenser units. • Includes power for (N) elevator machine room, cabin lights, pit light and outlet as required. • Includes all underground raceways and conduits per plans. • Includes (N) 3/4" conduit raceway from elevator machine room to phone board. • Includes termination and testing of all (N) electrical and inspections as required. • Coordinate/schedule trenching and installation of underground conduit from the (N) electrical switchgear to the (N) transformer and underground conduit from switchgear to (E) Modular Building to remain per PCO-07 – Revised Concrete Sidewalks & Fire Lane. • Install underground conduit from (N) electrical switchgear to (E) Maintenance Building per PCO- 04 – (N) Power at (E) Maintenance Building.
o Waiting for revised change order pricing to provide (N) electrical sub-panel and wire (E) electrical receptacles & (E) lighting fixtures within (E) Maintenance Building to ensure code compliance.
• All interior electrical connections on the 1st/2nd floor have been complete and the 3rd floor should be completed before the end of August 2023.
• (2) electric water heaters installation needs to be completed on-site by IMS before electrical contractor can complete electrical connections.
• Once (N) electrical switchgear is energized, electrical contractor will need to test/trouble-shoot all devices/fixtures as needed.
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• Need to schedule final interior electrical inspections once everything has been connected, tested and function as intended.
28 31 00 – Design Build Fire Alarm System
• Includes (N) turnkey Design Build code compliant Fire Alarm system as required. o Excludes area of refuge if required.
• Includes Engineered Fire Alarm drawings.
• The proposed system is based on a Fire Warden by Honeywell platform system. • In Progress, fire alarm system has been roughed-in on-site at all (3) floors, devices will be connected/installed/tested once the ceiling tiles have been installed by IMS.
03 12 50 – Erosion & Sedimentation Controls
• Includes budget for erosion and sedimentation controls as required.
32 16 00 – Concrete Flatwork
• Includes allowance for (N) concrete flatwork as shown per sheet A1.0 • Reference PCO-13 – Revised Concrete Walkways to include pricing based on the revised/finalized Landscape layout.
32 31 00 – Stairwell Fencing & Gates
• Furnish/Install (N) galvanized metal lath fencing at egress stairs per sheet A3.0 • Furnish/Install (2) (N) metal pedestrian gates with expanded metal lath per 3/A3.0 & 4/A3.0 • To be installed once the egress stair installation has been completed.
33 00 00 – Underground Utilities
• Engineered Civil drawings dated 12/24/22 (issue date: 02/02/2022) o There was a typo on the project drawing coversheet, see below:
• Includes the following underground Civil scope:
o (N) 4” Sewer Service. Complete.
o (N) 2” Domestic Water Service. Complete.
o (N) 2” Water meter with backflow. Complete.
o (N) 4” Fire Water w/(N) 4” Gate Valve, (N) 4” PIV & (N) FDC. Complete. o Includes (1) (N) Fire Hydrant per Cal Fire response. Removed per latest reviewed/approved CalFire drawing set.
• Includes removal of (E) AC pavement to install (N) underground utilities and patch back with (N) AC pavement as required.
• Includes (2) exterior connection points for the 4” sewer and 2” domestic water to the IMS containers. Complete.
• Underground electrical conduit to be installed from (N) electrical switchgear to (N) transformer and (E) Modular building and tentative completion date to be early to mid-September. • Coordinate/schedule inspection with PG&E and 3rd party code inspection firm (4LEAF).
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Men’s Short term/Overnight (E) Modular Buildings (By Others) • Excludes all work related to disconnecting/removing/relocating the (E) Men’s short term/overnight Modular buildings to be donated once construction is completed. This work is to be completed by others.
• (E) Modular Building to now remain and stay in place, need to provide (N) underground conduit/power to building once PG&E service is switched over to the (N) meter. • Excludes any other work associated with this (E) Modular Building if required.
Exclusions:
• Excludes any manufacturing deficiencies addressed by CalFire regarding the fire rated walls, fire rating of structural steel members (steel columns, bottom/top side of modular containers), fire resistive paint coatings, door frames/door swing direction, floor-to-floor penetrations, gypsum board installation, wall assembly construction, etc.
o Reference CalFire Inspection Report 140706 dated 05/08/2023. • Excludes any and/or all code deficiencies of the modular containers if applicable, as they were inspected/passed by Intertek within Integrated Modular Solutions factory in Arizona. • Excludes any other manufacturing deficiencies during manufacturing, to be corrected by Integrated Modular Solutions (IMS) if required.
• Excludes any utility service/permit/inspection fees for Cal Water, PG&E along with City of Stockton sanitary sewer lines if applicable.
• Excludes furnish/installation of washers and dryers within Laundry Room #309 as shown per sheet A2.2, to be provided/installed by Integrated Modular Solutions (IMS). • Excludes installation of lighting and ceiling tiles on the 1st and 2nd floors, to be installed by Integrated Modular Solutions (IMS).
• Excludes installation of batt fiberglass insulation above the (E) ceiling grid at the 3rd floor, to be installed by Integrated Modular Solutions (IMS).
• Excludes costs to troubleshoot any electrical, mechanical, and plumbing connections completed at the factory if required.
• Excludes any planting and/or planting irrigation scope shown within the Landscape drawing set, to be completed by others.
• Excludes repair and/or replacement of (E) Asphalt throughout the site if required. • Excludes any work associated with the gaps from floor to floor, to be completed by Integrated Modular Solutions (IMS).
• Excludes any work with the (E) Modular Buildings on-site. • Excludes painting of (N) corrugated metal side on Modular Elevator and Elevator Machine room. • Excludes any fire sprinkler related scope of work, the be completed by Guardian Fire Protection which is Integrated Modular Solutions (IMS) subcontractor. • Excludes any low voltage/data scope of work, to be completed by others. • Excludes any security camera scope of work if required, to be completed by others. • Excludes any interior/exterior signage scope of work if required outside of the ADA parking signage/stripping as required.
• Excludes any additional costs for bonding if applicable due to a new contract being issued by the City of Stockton for the balance of work remaining to be completed including potential change orders.
• Excludes Builders Risk insurance if required.
• Excludes all permit/inspection fees if applicable for PG&E, CalFire, Cal Water and City of Stockton. Note, to confirm G&G Builders is responsible for all special inspections and 3rd party code inspections with 4LEAF, Inc.
• Excludes all interior furniture and/or exterior site furnishings as required.
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As always, please feel free to contact me with any questions.
Sincerely,
Tom Stavropoulos
Project Manager
(510) 882-3478
ATTACHMENT C
ID Task Name Duration Start Finish
0 22-1013 - Stockton Shelter for the Homeless (TENTATIVE) 166 days Tue 8/15/23 Tue 4/2/24 1 Phase 2 Contract issued by the City of Stockton 0 days Fri 9/29/23 Fri 9/29/23 2 Fully-Executed Contract 3 days Fri 9/29/23 Tue 10/3/23 3 Revised Payment/Performance Bonds? 3 days Wed 10/4/23 Fri 10/6/23 4 Revised Insurance? 3 days Wed 10/4/23 Fri 10/6/23
5 NTP Issued 1 day Mon 10/9/23 Mon 10/9/23
6 Planning 100 days Tue 8/15/23 Mon 1/1/24
7 Submittals 50 days Tue 8/15/23 Mon 10/23/23
8 PG&E/Caltrans Permit for (N) Power Pole (TENTATIVE) 8 wks Tue 8/15/23 Mon 10/9/23 9 Egress Stair Erection Drawings Submittal 3 wks Tue 9/12/23 Mon 10/2/23 10 Egress Stair Fabrication Drawings 3 wks Tue 10/3/23 Mon 10/23/23 11 Long Lead Procurement 60 days Tue 10/10/23 Mon 1/1/24 12 Eggress Stair/Guardrails/Handrail Fabrication 10 wks Tue 10/24/23 Mon 1/1/24 13 Elevator Seismic Gap Material 6 wks Tue 10/10/23 Mon 11/20/23 14 Construction 127 days Mon 10/9/23 Tue 4/2/24
15 Mobilization 1 day Mon 10/9/23 Mon 10/9/23
16 Mobilization 1 day Mon 10/9/23 Mon 10/9/23
17 Build Out 127 days Mon 10/9/23 Tue 4/2/24
18 Trench/Backfill (Underground Utilities) 2 wks Mon 10/9/23 Fri 10/20/23 19 Underground Electrical 2 wks Mon 10/16/23 Fri 10/27/23 20 PG&E Inspections (Underground Conduit Switchgear to Transformer Pad) 2 days Mon 11/6/23 Tue 11/7/23 21 Site Excavataion 2 wks Wed 11/8/23 Tue 11/21/23
22 Baserock/Concrete Walkways 3 wks Wed 11/22/23 Tue 12/12/23 23 Baserock/Asphalt Walkways 1 wk Wed 12/13/23 Tue 12/19/23 24 Parking Lot Stripping 3 days Wed 12/20/23 Fri 12/22/23 25 Interior & Misc. Electrical Connections 2 wks Mon 10/30/23 Fri 11/10/23 4/2
9/29
Fully-Executed Contract
Revised Payment/Performance Bonds?
Revised Insurance?
NTP Issued
1/1
10/23
PG&E/Caltrans Permit for (N) Power Pole (TENTATIVE)
Egress Stair Erection Drawings Submittal
Egress Stair Fabrication Drawings
1/1
Eggress Stair/Guardrails/Handrail Fabrication
Elevator Seismic Gap Material
4/2
10/9
Mobilization
4/2
Trench/Backfill (Underground Utilities)
Underground Electrical
PG&E Inspections (Underground Conduit Switchgear to Transformer Pad) Site Excavataion
Baserock/Concrete Walkways
Baserock/Asphalt Walkways
Parking Lot Stripping
Interior & Misc. Electrical Connections
Sep Oct Nov Dec Jan Feb Mar Apr May
Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024
Task Milestone Summary Submittals Progress Manual Progress Tue 9/26/23
Project: 22-1013 - Stockton Shelter for the Homeless (TENTA Date: Tue 9/26/23
ATTACHMENT C
ID Task Name Duration Start Finish
26 Life Safety Wiring & Device Installation 2 wks Mon 10/30/23 Fri 11/10/23 27 Roofing/Gutter/Downspout Installation 3 wks Mon 10/23/23 Fri 11/10/23 28 PG&E to Install (N) Power Pole (8-12 weeks after Permit Issuance) 3 days Tue 1/2/24 Thu 1/4/24 29 Install (N) PG&E Transformer and Engergize Service (8-12 weeks after Power Pole Installation) 3 days Fri 3/29/24 Tue 4/2/24 30 Install Rooftop HVAC Equipment 2 wks Mon 11/13/23 Fri 11/24/23 31 Elevator Seismic Gap Installation 5 wks Mon 11/20/23 Fri 12/22/23 32 Install East & West Egress Stairs 3 wks Mon 1/1/24 Fri 1/19/24 33 Egress Stair Fencing & Gates 1 wk Mon 1/22/24 Fri 1/26/24 34 Completion / Inspections 11 days Fri 1/26/24 Fri 2/9/24 35 MEP Final Inspections 1 day Mon 1/29/24 Mon 1/29/24
36 Pre-Life Safety Test 1 day Tue 1/30/24 Tue 1/30/24
37 Final MEP Inspections 1 day Wed 1/31/24 Wed 1/31/24
38 Fire Final Inspection 1 day Wed 1/31/24 Wed 1/31/24
39 Final Building Inspections 1 day Thu 2/1/24 Thu 2/1/24 40 Final Cleaning 2 days Thu 2/1/24 Fri 2/2/24
41 Pre-Punch Walk 1 day Fri 1/26/24 Fri 1/26/24
42 Final Punch Walk 1 day Mon 2/5/24 Mon 2/5/24
43 Punch Walk Corrections 3 days Tue 2/6/24 Thu 2/8/24
44 Substantial Completion 1 day Fri 2/9/24 Fri 2/9/24
45 Closing 31 days Mon 2/12/24 Mon 3/25/24
46 Close Project 30 days Mon 2/12/24 Fri 3/22/24
47 As-Builts 2 wks Mon 2/12/24 Fri 2/23/24
48 Warranties 2 wks Mon 2/26/24 Fri 3/8/24
49 Closeout Package 2 wks Mon 3/11/24 Fri 3/22/24
50 Contract Closure 1 day Mon 3/25/24 Mon 3/25/24
51 Close Contract 1 day Mon 3/25/24 Mon 3/25/24
Life Safety Wiring & Device Installation
Roofing/Gutter/Downspout Installation
PG&E to Install (N) Power Pole (8-12 weeks after Permit Issuance) Install (N) PG&E Transformer and Engergize Service (8-12 weeks after Power Pole Installation) Install Rooftop HVAC Equipment
Elevator Seismic Gap Installation
Install East & West Egress Stairs
Egress Stair Fencing & Gates
2/9
MEP Final Inspections
Pre-Life Safety Test
Final MEP Inspections
Fire Final Inspection
Final Building Inspections
Final Cleaning
Pre-Punch Walk
Final Punch Walk
Punch Walk Corrections
Substantial Completion
3/25
3/22
As-Builts
Warranties
Closeout Package
3/25
Close Contract
Sep Oct Nov Dec Jan Feb Mar Apr May
Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024
Task Milestone Summary Submittals Progress Manual Progress Tue 9/26/23
Project: 22-1013 - Stockton Shelter for the Homeless (TENTA Date: Tue 9/26/23
ATTACHMENT C
REV 2022-05-17
Exhibit B:
Insurance Requirements for Stockton Shelter Navigation Center
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
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
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Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. T
he City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2 . For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
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3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance
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REV 2022-05-17
coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
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CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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