City Council and Concurrent Authorities
July 21, 2026

EXHIBIT 1
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January 2026

exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §11102.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

EXHIBIT G

EXHIBIT 1
854
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January 2026

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION (REMOVED)

ARTICLE XIX INSURANCE
See Section 3 of the Professional Services Contract.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

EXHIBIT G

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D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (PENI BASALUSALU, DIRECTOR), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTI

CLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the

EXHIBIT G

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construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are perm
itted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract

EXHIBIT G

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administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of LOCAL AGENCY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

EXHIBIT G

EXHIBIT 1
858
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

January 2026
ART

ICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ART

ICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ART

ICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract
ART

ICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract
ART

ICLE XXXIV CONTRACT
Refer to the Professional Services Contract

ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract

EXHIBIT G

EXHIBIT 1
859
City of Stockton
Legislation Text
File #: 26-0695, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (2024) (DISTRICTS 2, 3, 4, AND 5)

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

1. Appropriate funds in the amount of $500,000 from the Measure K Maintenance fund balance to the Neighborhood Traffic Management Program (2024), Project No. WT16008.

2. Approve the Notice of Exemption No. NOE18-26 under the California Environmental Quality Act for the Neighborhood Traffic Management Program (2024), Project No. WT16008.

3. Approve the plans and specifications for the Neighborhood Traffic Management Program (2024), Project No. WT16008.

4. Award a Construction Contract in the amount of $410,752.59 to Robert Burns Construction, Inc. of Stockton, CA, for the Neighborhood Traffic Management Program (2024), Project No.

WT16008.

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

Summary
The Neighborhood Traffic Management Program (NTMP) is a community-based program. The goal of the program is to improve safety and the quality of life for neighborhood residents by reducing the impacts of speeding vehicles and, to a lesser extent, cut-through traffic. The project was included in the 2025-2030 Five-Year Capital Improvement Plan (CIP).

On June 4, 2026, the City received three bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive and responsible bidder, Robert Burns Construction, Inc., in the amount of $410,752.59. It is also recommended that Council adopt a resolution approving Notice of Exemption NOE18-26 under the California Environmental Quality Act (CEQA), approving plans and specifications, and appropriating funds for the project. Construction is anticipated to be completed by fall 2026.

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DISCUSSION
Background
The NTMP program was established in 2003 by Council. In accordance with program guidelines, implementation of the program is divided across four quadrants of the City. The program allocates construction funding in the amount of $85,000 per neighborhood and funding for the NTMP program is derived from Public Works’ roadway maintenance funds. Deferred maintenance funding priorities limit the NTMP program implementation to at most, eight neighborhoods per year or two neighborhoods per quadrant.

The program’s goal is to improve safety and the quality of life for neighborhood residents by reducing the impacts from speeding vehicles and, to a lesser extent, cut-through traffic. It is a community- based program that requires residents to participate in addressing their neighborhood traffic concerns through traffic calming measures. The program is largely oriented around the installation of expedited measures that include speed humps, speed cushions, speed tables, signs, and pavement markings. Other measures that involve traffic circles, diversions, road closures or other full program measures are dependent on available funding or grants. The NTMP guidelines were adopted by Council and are incorporated in the City of Stockton Standard Plans and Specifications.

In accordance with the program guidelines, neighborhoods are added chronologically. Upon receipt of their application, neighborhoods are added chronologically to the waiting list for the appropriate City quadrant. The program is very popular and presently has a waiting list of 72 neighborhoods.

Based on current funding, neighborhoods applying today could anticipate installation of neighborhood traffic calming devices within seven to eight years.

A total of eight neighborhoods is included in the NTMP (2024). Locations are shown on Attachment A.

When all eight neighborhoods are completed this year, a total of 193 neighborhood applications for traffic calming will have been processed since the program began in 2003.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.

Present Situation
The NTMP (2024), Project No. WT16008, will install traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping.

On May 18, 2026, the NTMP (2024), Project No. WT16008, was advertised for bids. On June 4, 2026, three bids were received with the following results:

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COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Robert Burns Construction, Inc. $410,752.59 $402,537.54 (Stockton, CA)
Dirt Dynasty, Inc. $573,224.25 $561,759.77
(Stockton, CA)
Consolidated Engineering $671,238.00 $671,238.00
(Valley Springs, CA)
Engineer’s Estimate $710,998.43
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc. and Dirt Dynasty, Inc. are located within San Joaquin County and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Robert Burns Construction, Inc., is the lowest responsive and responsible bidder and has the proper license to perform the work. The bid is approximately 42 percent lower than the Engineer’s Estimate. However, the Engineer’s Estimate was overly conservative in the unit pricing for asphalt, signs, and striping and the use of a pricing inflator which caused staff’s estimate to be outside market competition.

It is recommended that Council approve the plans and specifications and award a Construction Contract to Robert Burns Construction, Inc. of Stockton, CA, in the amount of $410,752.59, for the NTMP (2024), Project No. WT16008.

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

NOE18-26 under CEQA. Construction is anticipated to be completed by fall 2026.

FINANCIAL SUMMARY
With the appropriation of $500,000 from the Measure K Maintenance fund balance, there will be sufficient funding in the NTMP (2024), Project No. WT16008, to award a Construction Contract in the amount of $410,752.59 to Robert Burns Construction, Inc.

Attachment A - NTMP (2024) Locations
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ATTACHMENT A
2024 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM LOCATIONS
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863
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE18 -26,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (2024), PROJECT NO. WT16008

On June 4, 2026, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Neighborhood Traffic Management Program (2024), Project No. WT16008; and

The project will install traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping; and

Robert Burns Construction, Inc. is the lowest responsible bidder in the amount of $410,752.59, and its bid is responsive and regular in all respects; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdictio n and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE18-26 under CEQA for the Neighborhood Traffic Management Program (2024), Project No.

WT16008, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Neighborhood Traffic Management Program (2024), Project No. WT16008.

3. The City Council awards a Construction Contract between the City of Stockton and Robert Burns Construction, Inc., in the amount of $410,752.59, and the City Manager is authorized and dir ected to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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864

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

PASSED, APPROVED, and ADOPTED July 21, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

865
866
Local
Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)
CONS

TRUCTION CONTRACT
Th
is c ontract is made and entered into on _____________, by and between ROBERT BURNS CONSTRUCTION, INC. a STATE OF CA CORPORATION, with a business address at 2501 N WI GAM DR, STOCKTON CA 95205 hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I
T N E S S E T H:

WH
EREAS, plans and specifications for the construction of NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (2024) (PROJECT NO. WT16008 ), hereinafter called “PROJECT,” were regularly adopt ed by Council Resolution No. _________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

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

CONTRACTOR agrees:

1. SCO
PE 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. CO
MPENSATION. 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 $410,752.59, or as otherwise mutually agreed to in a Contract Change Order.

3. INS
URANCE. 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

867

Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (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.

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.

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 EXHIBIT 2

868

Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)

insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

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

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 51 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 THIRTY TWO HUNDRED NO/100 ($3200) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, EXHIBIT 2

869

Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)

assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

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

a. TITLE VI

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

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

b. DISCRIMINATION AND HARASSMENT POLICY

EXHIBIT 2

870

Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)

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. PREVAILING WAGE

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

ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform EXHIBIT 2

871

Local Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)

strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE

Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.

f. SANCTIONS

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

EXHIBIT 2

872
Local
Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)
CI
TY 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 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. 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 deposit.

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.

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.

Pr
ocessing 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. 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.

EXHIBIT 2

873
Loc
al Construction Contract – ROBERT BURNS CONSTRUCTION, INC – PROJECT NO WT16008 (Updated 10/18/23)
C
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 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.

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

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

A
TTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: JOHNNY FORD

C ITY MANAGER
APPR
OVED AS TO FORM & CONTENT:

MARCI A. ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:

R obert Burns Construction, Inc.

By:

D EPUTY CITY ATTORNEY
T ax Identification No.

EXHIBIT 2

874
EXHIBIT 2

EXHIBIT A

875
EXHIBIT 2

EXHIBIT A

876
EXHIBIT 2

EXHIBIT A

877
EXHIBIT 2

EXHIBIT A

878
Exhibit B:

Insuranc
e Requirements
(Speed Cushions and Tables)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years ther
eafter, 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. Commerc
ial 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 pe/r 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 Li
ability: 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’ Co
mpensation 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.

Surety Bonds as
described below.

If the cont
ractor 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 R
etentions
Self-insured r
etentions 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,
EXHIBIT 2

EXHIBIT B

879
including E
xcess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

Other Insurance Provisions

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

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

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

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

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

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

Claims Made Policies (Does Not Apply to Commercial General Liability) If any coverage required is written on a claims-made coverage form:

EXHIBIT 2

EXHIBIT B

880

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

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

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

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

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

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

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

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 under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the City of Stockton.

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 EXHIBIT 2

EXHIBIT B

881
employees,
agents and subcontractors. This provision applies regardless of whether or not an endorsement has been issued.

Verification of Coverage

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is EXHIBIT 2

EXHIBIT B

882
required. B
onds 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
501 W Weber Avenue
Building 1, 4th Floor
Stockton, CA 95203

EXHIBIT 2

EXHIBIT B

883
EXHIBIT 2

EXHIBIT C

884
EXHIBIT 2

EXHIBIT C

885
EXHIBIT 2

EXHIBIT C

886
EXHIBIT 2

EXHIBIT C

887
EXHIBIT 2

EXHIBIT C

888
EXHIBIT 2

EXHIBIT C

889
EXHIBIT 2

EXHIBIT C

890
EXHIBIT 2

EXHIBIT C

891
EXHIBIT 2

EXHIBIT C

892
EXHIBIT 2

EXHIBIT C

893
EXHIBIT 2

EXHIBIT C

894
EXHIBIT 2

EXHIBIT C

895
EXHIBIT 2

EXHIBIT C

896
EXHIBIT 2

EXHIBIT C

897
1 BO

ND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That w e, ___________________________________________________ , a STATE OF CA CORPORATION, as Principal and
, a corporation, organized and existing under the laws
of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of FOUR HUNDRED TEN THOUSAND SEVEN HUNDRED FIFTY TWO AND 59/100 DOLLARS ($410,752.59), 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 S urety 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:

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (2024)
(PROJECT NO. WT16008)
N
OW, 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 898

2 the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

MARCI A. ARREDONDO OFFICE OF THE CITY ATTORNEY

By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY

899
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, ROBERT BURNS CONST RUCTION, INC. , a STATE OF CA CORPORATION, as Principal and , a corporation,
organized and existing under the laws of the State of _ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, 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 FOUR HUNDRED TEN THOUSAND SEVE N HUNDRED FIFTY TWO AND 59/100 DOLLARS ($410,752.59), in lawful money of the United States of Am erica (being 100% of the contract price) for the paym ent whereof well and truly to be made to said CITY and to said persons jointly and severally, the said pr incipal and Surety bind themselves, their successor s and assigns, jointly and sev erally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contrac t of even date herewith, with the CITY, to do and perform the following work, to-w it:

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (2024)
(PROJECT NO. WT16008)
NOW, THEREFORE, if the above bounden Princ ipal, CONTRACTOR, Company or Corporation or its subc ontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on
900
2 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.

S
IGNED AND SEALED on .

APPR
OVED AS TO SURETY: By:

P RINCIPAL

S URETY

APPROVED AS TO FORM &
CONTENT: MARCI A ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:

A TTORNEY-IN-FACT
By:

DEPUTY CI TY ATTORNEY
901
City of Stockton
Legislation Text
File #: 26-0284, Version: 1

PUBLIC HEARING AUTHORIZING THE VACATION OF A PORTION OF EAST FIFTH STREET

RIGHT-OF-WAY AND RESERVING A PUBLIC UTILITY EASEMENT

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

1. Authorizing the vacation of a portion of East Fifth Street;

2. Authorizing the reservation of a public utility easement;

3. Authorizing the filing of Notice of Exemption 08-26 under the California Environmental Quality Act (CEQA) for the abandonment of a portion of East Fifth Street; and

4. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.

Summary
The applicant, Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non- profit religious corporation, requested the City of Stockton initiate the vacation of a portion of public right-of-way along East Fifth Street, east of Sikh Temple Street to develop an expansion of the Sikh Temple, allowing for proper design, circulation, and functionality of the expanded facility (Attachment A - Vicinity Map and Attachment B - Aerial Map).

The Developer owns the surrounding properties adjacent to the proposed East Fifth Street abandonment area.

DISCUSSION
Background
The applicant owns the real property located at 1930 Sikh Temple Street (APN: 167-200-53) which is currently operating as the Stockton Gurdwara. The Gurdwara Sahib Stockton opened its doors in 1912, making it the oldest Sikh house of worship in the United States.

The applicant owns the properties at 803 East Fifth Street (APN: 167-200-22), 811 East Fifth Street (APN: 167-200-23), 821 East Fifth Street (APN: 167-200-24), and 1837 South Aurora Street (APN:
167-200-32). These properties located north of Fifth Street are proposed to be redeveloped as part of a facility expansion. The project includes demolition of all existing residential structures and construction of a new multi-story building. The proposed development will include a parking garage, a City of Stockton Printed on 7/16/2026Page 1 of 3
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File #: 26-0284, Version: 1
kitchen and assembly hall, and a prayer hall. The abandonment of a portion of east Fifth Street is necessary to advance the site expansion.

Present Situation
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacations at this site. While no objections were received, Pacific Gas & Electric (PG&E) requested that a public utility easement be reserved for the proposed East Fifth Street abandonment area. A reservation of a public utility easement will be reserved within the abandonment area.

The City may perform this proposed abandonment as a general vacation under Division 9, Part 3, section 8300, et. seq., of the California Streets and Highway Code. A general vacation requires the City Council to hold a public hearing and perform the notification and advertising requirements. A public hearing is required for this proposed abandonment since East Fifth Street is an active right-of- way.

The Public Works Department concurs with the proposed vacation of a portion of East Fifth Street, as the City maintains this portion of roadway under the street maintenance program, and the abandonment will reduce future maintenance costs to the City.

NOTIFICATION
Pursuant to California Streets and Highway Code section 8322, notice of a public hearing for a proposed vacation must be published at least two successive weeks prior to the hearing. The notice for this public hearing was published in The Record on July 6, 2026 and July 13, 2026.

Also, pursuant to California Streets and Highways Code section 8323, not less than three notices of the proposed vacation were duly posted in a manner and form required by law in conspicuous places along said portion of East Fifth Street, not more than 300 feet apart and at least 14 days prior to the hearing date.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act Guidelines section 15061(b)(3). The activity is granted a general rule exemption since there is no possibility that the activity in question would have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s). The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines section 15300.2.

In accordance with section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.

FINANCIAL SUMMARY
The applicant, Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non- City of Stockton Printed on 7/16/2026Page 2 of 3
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File #: 26-0284, Version: 1
profit religious corporation, has paid the necessary fees to process vacations. There is no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action.

Attachment A - Vicinity Map
Attachment B - Aerial Map
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ATTACHMENT A
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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF EAST FIFTH

STREET RIGHT-OF-WAY AND RESERVING A PUBLIC UTILITY EASEMENT

The City of Stockton may perform a general vacation pursuant to Division 9, Part 3, section 8320(a)(2), of the California Streets and Highways Code; and

Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non-profit religious c orporation, is requesting the vacation of a portion of right-of-way along East Fifth Street in order to expand their existing facility; and

A public hearing was opened on July 21, 2026 , for persons interested in or objecting to the proposed abandonment to show cause why said subject area should not be abandoned; now, therefore,

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

1) The City Council, having considered testimony an d evidence from all persons interested in or objecting to the vacation of a portion of right-of-way along East Fifth Street, and the reservation of a public utility easement, finds that:

a) Pursuant to California Streets and Highway Code section 8322, the City of Stockton published notification of the public hearing for the proposed vacation in The Record on July 6, 2026, and July 13, 2026; and

b) Pursuant to California Streets and Highway Code section 8323, not less than three notices of the proposed vacation were duly posted in a manner and form required by law in conspicuous places along said portion of East Fifth Street not more than 300 feet apart and at least 14 days prior to the public hearing date.

2) The Public Works Department, Community Development Department, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified and there were no objections to the proposed abandonment.

3) The City Council has duly considered all the evidence and testimony submitted concerning the vacating of a portion of right-of-way along East Fifth Street and reserving a public utility easement, and has found from said evidence that said subject area is unnecessary for present and prospective public use.

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4) The City Council hereby orders that a portion of East Fifth Street , more particularly described in Exhibit 1, attached hereto and incorporated by this reference, is hereby declared to be vacated and abandoned for street purposes and that a public utility easement is hereby reserved.

5) The City Council hereby authorizes the reservation of a public utility easement throughout the subject area.

6) The City Manager, or designee, is authorized to approve the filing of Notice of Exemption No. 08-26 under CEQA, a copy of which is attached as Exhibit 2 and incorporated by this reference.

7) The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded in the Office of the San Joaquin County Recorder-County Clerk.

8) The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

9) In accordance with section 6504 of Government Code, this project/activity has been determined to conform to the City ’s General Plan Policy Document, as amended.

PASSED, APPROVED, and ADOPTED: __ July 21, 2026___ .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

___

KATHERINE ROLAND, CMC CPMC
City Clerk of the City of Stockton
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EXHIBIT 1
909
EXHIBIT 1
910
EXHIBIT 1
911

MEMORANDUM
M
arch 13, 2026
TO
: Nancy Arroyo, Real Property Agent I
Economic Development Department
F
ROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJ
ECT: CEQA NOTICE OF EXEMPTION (NOE) 08- 26 – RIGHT-OF-WAY ABANDONMENT – FIFTH STREET
The C
ommunity Development Department received a request to review the above- referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department received a request from Khalsa Diwan Society Church & Pacific Coast Khalsa Diwan Soc Sikh Guard to abandon right-of-way at 1930 Sikh Temple St, 803 E Fifth St, 811 E. Fifth St, 821 E. Fifth St. (APNs: 167 -200-53, 167- 200-22, 167- 200-23, 167- 200-24).

Please see the attached for more information.

I
n accordance with Government Code §65402, the Community Development Department determines the proposed dedication of land is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.

C
oncerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes that the dedication of land is covered by the common sense exemption in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question (dedication of land) may have a significant effect on the environment. The project is also not subject to any exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.

U
pon approval by City Council and per SB 69, the Economic Development Department is required to file the attached Notice of Exemption with the San Joaquin County Clerk ’s Office to initiate a 35- day statute of limitations on court challenges. The Economic Development Department is also required to upload a copy of the filed NOE with the State Clearinghouse.

Please retain a copy of the original posted notice within the project file in the Economic Development Department file directory.

By
:

Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Notice of Exemption
EXHIBIT 2
912

MEMORANDUM

February 27, 2026

TO: Nicole Moore, Contract Planner
Community Development Department

FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department

SUBJECT: RIGHT-OF-WAY – ABANDONMENT – FIFTH STREET _ ___

Please provide the appropriate environmental review for the above- referenced project as described below:

Project Title: Right-of-Way Easement Abandonment - Fifth Street

Applicant: Khalsa Diwan Society Church & Pacific Coast Khalsa Diwan Soc Sikh Guard

Description/Location: 1930 Sikh Temple St, 803 E Fifth St, 811 E. Fifth St, 821 E.

Fifth St. (APN s: 167- 200-53, 167- 200-22, 167-200-23, 167- 200-24)

Also, please make the required determination to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 7540.

NANCY ARROYO, REAL PROPERTY AGENT I

ECONOMIC DEVELOPMENT DEPARTMENT

Attachment

EXHIBIT 2
913

Wong Engineers, Inc.
4578 Feather River Drive. Suite A Zachary C. Wong P.E., P.L.S.

Stockton, California 95219
Phone (209) 476-0011

AUGUST 7, 2025

EXHIBIT “A”

LEGAL DESCRIPTION FOR ABANDONMENT OF
EXISTING 60.6’-WIDE FIFTH STREET

BEING A PORTION OF SECTION 22 OF C.M. WEBER GRANT, “EL RANCHO DEL CAMPO DE LOS FRANCESES”, CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 IN BLOCK 8, AS SHOWN ON THE MAP ENTITLED, “KIDD’S ADDITION”, FILED FOR RECORD AUGUST 29, 1887 IN BOOK 1 OF MAPS AND PLATS, PAGE 64, SAN JOAQUIN COUNTY

RECORDS, BEING ALSO A POINT ON THE INTERSECTION BETWEEN THE EASTERLY LINE OF SIKH TEMPLE STREET (80.8 FEET WIDE) AND NORTHERLY LINE OF FIFTH STREET (60.6 FEET WIDE); THENCE ALONG THE NORTHERLY LINE OF SAID FIFTH STREET, NORTH 78°24’57” EAST, 129.65 FEET; THENCE

LEAVING NORTHERLY LINE OF SAID FIFTH STREET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 60.60 FEET, A CENTRAL ANGLE OF 90°00’00”, AN ARC LENGTH OF 95.19 FEET, AND A CHORD BEARING SOUTH 56°35’03” EAST,

85.70 FEET TO THE SOUTHERLY LINE OF SAID FIFTH STREET; THENCE ALONG THE SOUTHERLY LINE OF SAID FIFTH STREET, SOUTH 78°24’57” WEST, 190.16 FEET TO THE NORTHWEST CORNER OF LOT 1 IN BLOCK 10, AS SHOWN ON THE MAP ENTITLED, “KIDD’S ADDITION”, FILED FOR RECORD AUGUST 29, 1887 IN BOOK 1 OF MAPS AND PLATS, PAGE 64, SAN JOAQUIN COUNTY RECORDS,

BEING ALSO A POINT ON THE INTERSECTION BETWEEN THE EASTERLY LINE OF SAID SIKH TEMPLE STREET AND SOUTHERLY LINE OF SAID FIFTH STREET; THENCE NORTH 11°40’31” WEST, 60.60 FEET TO THE POINT OF BEGINNING.

CONTAINING 8,642 SQUARE FEET, MORE OR LESS.

RESERVING A PUBLIC UTILITY EASEMENT.

END OF DESCRIPTION.

THE BASIS OF BEARINGS IS BASED ON THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 3 (1991.35). A LINE BETWEEN CITY OF STOCKTON MONUMENTS "1S- 11" AND "1S-12" WHICH BEARS SOUTH 11°41'27" EAST AS CALCULATED FROM

COORDINATES SHOWN ON CITY OF STOCKTON HORIZONTAL CONTROL SYSTEM PHASE XIV SURVEY, FILED FOR RECORD IN BOOK 35 OF SURVEYS, PAGE 5, SAN JOAQUIN COUNTY RECORDS.

DRAFT
EXHIBIT 2
914

ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT “B” WHICH BY THIS REFERENCE IS MADE A PART HEREOF.

PREPARED BY:

.

ZACHARY C. WONG, L.S. 7600
DRAFT
EXHIBIT 2
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DRAFT
EXHIBIT 2
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CITY OF STOCKTON

NOTICE OF EXEMPTION

TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.

Stockton, CA 95202 501 W. Weber Ave., Building 2 Stockton, CA 95203

NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA

Project Title: Right-of-Way Abandonment – Fifth Street CEQA Exemption File No.: NOE 08-26
Applicant: Khalsa Diwan Society Church & Pacific Coast Khalsa Diwan Soc Sikh Guard Project Description/Location: The City of Stockton’s Economic Development Department received a request from Khalsa Diwan Society Church & Pacific Coast Khalsa Diwan Soc Sikh Guard to abandon right-of-way at 1930 Sikh Temple St, 803 E Fifth St, 811 E. Fifth St, 821 E. Fifth St. (APNs: 167-200-53, 167-200-22, 167-200-23, 167-200-24). Please see the attached for more information..

DETERMINATION/FINDING OF EXEMPTION

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

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

X The activity is exempt under the "common sense exemption" at CEQA Guidelines Section 15061(b)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

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

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

TINA McCARTY, DIRECTOR March 13, 2026

ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION)

By
Nancy Arroyo, Real Property Agent I (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING

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

_________________________________________
Posting Period Ending Date
EXHIBIT 2
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PUBLIC HEARING: Vacation of a Portion of East 5thStreet Right-of-Way and Reserving a Public EasementCity Council MeetingJuly 21, 2026Agenda Item 9.1 918
Background•Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, a California non-profit religious corporation, requested the City initiate the abandonment of a portion of East 5thStreet. •The abandonment is being requested to facilitate the expansion of the Sikh Temple, allowing for proper design, circulation, and functionality of the existing facility.•Pacific Coast Khalsa Diwan Society Sikh Gurdwara Sahib, Stockton, owns all property adjacent to the 5thStreet abandonment area.•Private property owners on South Aurora Street will maintain access to their homes. 919
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Discussion•Division 9, Part 3, section 8300 – CA Streets & Highway Code•Publications and field postings.•Public utility easement in the proposed vacation area will be reserved.•Abandonment is necessary for the Gurdwara Sahib Sikh Temple Project expansion. •After the abandonment, a right-of-way dedication will take place to create a cul-de-sac. 921
RecommendationIt is recommended that the City Council adopt a resolution:•Authorizing the vacation of a portion of East 5thStreet;•Authorizing the reservation of a public utility easement;•Authorizing the filing of Notice of Exemption No. 08-26 under the California Environmental Quality Act (CEQA) for the abandonment of a portion of East 5thStreet; and•Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. 922
City of Stockton
Legislation Text
File #: 26-0794, Version: 1

SURPLUS LAND ACT OVERVIEW PRESENTATION

RECOMMENDATION
Information only; no action to be taken.

Summary
This is an informational presentation of the California Surplus Land Act and its implications for the City’s real property portfolio.

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SURPLUS LAND ACT OVERVIEW
Requirements, Process, Challenges, and Opportunities
for City-Owned Property
City Council Meeting
July 21, 2026
Item 10.1
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Purpose of Presentation
• Legislative background of the California Surplus Land Act (SLA) • Explain when and how the Act applies
• Disposition process
• Agency (City) statutory obligations
• Discuss implementation challenges and best practices
• Preview potential opportunities for future City-owned property dispositions
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Why the SLA Exists
• 1968: SLA first enacted
• 2019: First major overhaul
• Prioritize affordable housing
• Increase transparency in public land disposition
• Encourage productive reuse of publicly owned property • California Department of Housing & Community Development (HCD) enforcement
• 2024: Most recent updates
• Clarifications to process
• Refined exemptions
• Reduced technical penalties
• Purpose: Prioritize affordable housing while establishing a transparent process for disposition of public land
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What is “Surplus Land”
• Definition of Surplus Land: Land that has been formally declared, in a public meeting, to be no longer necessary for the agency’s use • Definition of Exempt Surplus Land: Property that qualifies for specific exemptions under the SLA
• Inter-agency Transfers
• Affordable Housing Development
• Small Sites (less than one-half acre); not contiguous to agency/state owned open-space or low- and moderate-income housing purposes • Former street, right of way, or easement, conveyed to owner of adjacent property
• Council approval of dispositions is always required, and exempt declarations must have findings
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Overview of Disposition Process
• City Determines Property No Longer Needed
• Internal memo for Department Heads; City Manager concurrence • Determine Surplus vs Exempt, if Surplus:
• Council Declaration
• Notice of Availability (if required) – See Next Slide • 60-Day Response Period
• 90-Day Good Faith Negotiation
• Disposition
• Exclusive Negotiating Rights Agreement (ENRA); sale; lease greater than 15 years
• Compliance Documentation
• Submission to HCD
• Deed restriction/Land Use Covenant Recording
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Notice of Availability (NOA)
• Distribution to:
• HCD List
• Housing Sponsors
• Public Agencies
• Process:
• 60-Day Response Window
• If no response received, proceed with disposition
• If interest received, proceed with good faith negotiations • Good Faith Negotiation:
• 90-Day Negotiation Period
• Either agreement of terms, or no agreement reached
• City retains discretion after satisfying statutory obligations • HCD compliance considerations
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Implementation Challenges
• Staffing
• Institutional knowledge
• Consistent practices over time
• Record Retention
• Legacy paper and electronic records
• Long-term compliance documentation (e.g., deed restrictions) • Interdepartmental Coordination
• Real Property – Housing – Planning – City Attorney – City Clerk – Public Works – MUD – IT
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Best Practices
• Website landing page
• www.stocktonca.gov/surplus
• Unsolicited Business Proposal process (pending)
• Standardized resolutions
• Surplus vs Exempt Surplus (with justification)
• Compliance checklists
• Centralized records
• Cross-department coordination
• Proactive evaluation of City-owned properties
• Permanent documentation/tracking
• Deed restrictions
• Disposition process
• Updating outdated Dispositions Policies (pending)
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City of Stockton
Legislation Text
File #: 26-0792, Version: 1

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES

RECOMMENDATION
Information item only. No action required.

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