Agenda packet — City Council and Concurrent Authorities, August 18, 2026 (part 2 of 4)

351
Local Construc
tion Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)
It shall be a r
equirement 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.

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

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352
Local Cons
truction Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)
insuranc
e 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. INDE
MNITY 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. STAN
DARD 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 Dir
ector 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. WORKI
NG DAYS. This work shall be diligently prosecuted to completion before the expiration of 20 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 th erefore agreed that CONTRACTOR will pay to CITY the sum of THREE THOUSAND SIX HU NDRED AND NO/100 DOLLARS ($ 3,600) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

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353
Local Cons
truction Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (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 work
ing 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.

7. CONFO
RMANCE 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 V
I
Titl
e 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 Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIM

INATION AND HARASSMENT POLICY
EXHIBIT 2

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354
Loc
al Construction Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)
T
he 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. L

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PR

EVAILING WAGE
C
ONTRACTOR 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

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355
Local Construc
tion Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)
strictly with t
he 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 S
tockton 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

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356
Loc
al Construction Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)
C
ITY agrees:
8 . COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion. 9 . SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.

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

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

P
rocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11 . AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

EXHIBIT 2

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357
EXHIBIT 2
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

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

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

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

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

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By: ____________ _
By: ___________ _
APPROVED AS TO FORM & CONTENT:

MARCI A.ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:-------------

DEPUTY CITY ATTORNEY

JOHNNY FORD

CITY MANAGER
Local Construction Contract - SPEKTREN ENGINEERING, INC. - PROJECT NO. WD26003 (Updated 10/18/23)

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358
LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 S81 - PAVEMENT REPAIR PROJECT NO. WD26003
§ ! D D I NG .SCH J= DU � E;
Each bidder shall bid each Item, Including all alternate bid(s). Fallure to bid an Item shall be Just cause for considering the bid as non .. responslve. Line Item costs should Include all Contractor's overhead and profit and Indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

If the City awards the contract, the award is made to the lowest responsible bidder.

Item
1 2
3 4
5 6
Bid Forms
Description
Mobilization
Traffic Control
Water Pollution Control
Material Testing (Certified
3rd Party Laboratory)
Pavement Repair- (3.Q .. lnch)
Hot Mix Asphalt (Type A)
Unit
LS
LS
LS
LS
SY
TON
BASE BID $198,397.oo
Quantity Unit price
1 $17,500.00
1 $18,700.00
1 $4,000.00
1 $11,500.00
5200 $6.00
900 $128.33
BIDDER'S NAME Spektren Engineering, Inc.

Total Price
$17,500.00
$18,700.00
$4,000.00
$11,500, 00
$31,200.00
$115,497.00
Last Revised 03/05/2024

EXHIBIT A
EXHIBIT 2

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359

BIDDER CERTIFICATION
EXHIBIT 2

EXHIBIT A
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) Cash,or
Cashier's check, or
□ □ □
�
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.

For any amount not less than ten percent (10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. 2.

3. List of Subcontractors
Non-Collusion Declaration
DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Spektren Engineering, Inc.

Name of Firm
7810 Monterey St
Address
1134190, General A
Contractor Lie. No. & Classification
(669)294-1903
Phone
Gilroy
City
CA
State
995098719
Tax 1.0. No.
95020
Zip
3/21/2027
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substan tially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY Signature
Bid Forms

BIDDER SIGN
¢:: HE RE President ----------
Title
Last Revised 03/05/2024

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GENERAL CONTRACTOR:

LIST OF SUBCONTRACTORS
Spektren Engineering, Inc.

EXHIBIT 2

EXHIBIT A
PROJECT: LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - PAVEMENT REPAIR

PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.

Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE
-
BUSINESS LICENSE DEPT. OF

NAME/A DDRESS NUMBER& INDUSTRIAL

LICENSE RELATIONS

CLASSIFICATION REGISTRATION
NUMBER
Chrisp Company 374600, A, C13, C32 1000000306
Pavement Recycling Systems 569352, A, C12 1000003363
A 1 Trucking Services MCP: 1642274 2000006197
BAGG Engineers Bay Area NIA NIA
<f". .. l .A'l' ffe_ BIDDER SIGN
--�,.._..t,/lfU;J.---.-__,,_v_,��""------¢: HERE
(SIGNATURE OF BIDDER)
Bid Forms

TYPE OF WORK
Striping
Milling
Trucking
Compaction Testing

AMOUN T
$20,355.00 -
�'-\ ,1li:l0. 00 lrtl)\j�
$ \ 1 '3 -oo /ttour
$1,210.00
-
Last Revised 03/05/2024

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REV 2025-06-04
Exhibit B:

Insurance Requirements for Construction Contracts
(WD26003)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Surety Bonds as described below.

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

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

EXHIBIT B
EXHIBIT 2

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REV 2025-06-04
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

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

EXHIBIT B
EXHIBIT 2

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REV 2025-06-04

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.

Contractor agrees to obtain any endorsement that may be necessary to affect this

EXHIBIT B
EXHIBIT 2

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REV 2025-06-04
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
C
ontractor 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. B
id Bond

2. P
erformance Bond

3. P
ayment Bond

4. M
aintenance Bond

EXHIBIT B
EXHIBIT 2

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365
REV 2025-06-04
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

C
ertificate Holder Address
T
he address for mailing certificates, endorsements and notices shall be:

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

EXHIBIT B
EXHIBIT 2

Page 16 of 38 ends

366
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date:
5/1/2015
EXHIBIT 2

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in

Page 17 of 38 ends

367
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSME NT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 2 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment an the Wor1<place) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

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

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

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

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

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

Page 18 of 38 ends

368
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 3 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10121/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMI NATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding}, political affiliation, age (40 and older}, concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

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

Page 19 of 38 ends

369
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
I
EXHIBIT 2

EXHIBIT C
Page No. 4 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94. 5/1195, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment op portunities.

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

Page 20 of 38 ends

370
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 5 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below}
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

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

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

Page 21 of 38 ends

371
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. H R-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 6 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 i. Retaliation for making harassment reports or threatening to report harassment.

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

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

Page 22 of 38 ends

372
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date:
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 7 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21194, 5/1 /95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

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

Page 23 of 38 ends

373
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
EXHIBIT 2

EXHIBIT C
Page No. 8 of 14
DISCRIMI NATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09

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

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

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

Page 24 of 38 ends

374
Subject:

CITY OF STOCKTON, CALIFOR NIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 9 of 14
Revised From:
7127109
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Worl<place) rev ised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

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

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

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

Page 25 of 38 ends

375
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 10 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
{see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94. 5/1/95, 111/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially

Page 26 of 38 ends

376
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DIS CRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 11 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 supervisors, about the harassment.

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall

Page 27 of 38 ends

377
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 12 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remediai action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation. giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director. or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Re-sources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consu !ting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determinat1ion as to whether the complaint is:

1. 2.

Unsusta ined: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

Unfounded: The investigation proved that the act(s) or omission(s)

Page 28 of 38 ends

378
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARAS SMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 13 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1195, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15193 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

3. Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNA TIVE REMED IES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these

Page 29 of 38 ends

379
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMIN ISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 14 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 511/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all mana gers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
��SON

CITY MANAGER
::ODMA\GRPWISEICOS.PER.PER_Library:96180.1

Page 30 of 38 ends

380

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

EXHIBIT 2
Bond#: YFB7491860
That we Spektren Engineering, Inc. a STATE OF CALIFORNIA '--------------' CORPORATION, as Principal and Old Republic Surety Company , a corporation, organized and existing under the laws of the State of South Dakota and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED NINETY-SEVEN AND 00/100 DOLLARS ($198,397.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above-bound Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26
S81 - PAVEMENT REPAIR
(PROJECT NO. WD26003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

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

Page 31 of 38 ends

381
SIGNED AND SEALED on
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

MARCI A. ARRENDO

OFFICE OF THE CITY ATTORNEY
By:----------

DEPUTY CITY ATTORNEY
EXHIBIT 2
Bond#: YFB7491860
Old Republic Surety Com�any
SURETY
-----By: - -+c_.....,,,..... _______ _
AfTORNEY-IN-FACT

Page 32 of 38 ends

382
State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in a Representative Capacity
State of OREGON
County of nu J @�J
This record was acknowledged before me on (date)
by (name(s) of individual(s)) -------2.,...........fl-_l�C.._v��-��-------- as (type of authority) ---�-�-�,--��-�- of (name of party on whose behalf record was executed)
Notary Public - State of Oregon
Document Description
Official Stamp
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� 'o. JEFFREY WILLIAM BARNES
'\. . :r'
'- NOTARY PUBLIC - OREGON
i' ·f COMMISSION NO. 1054321
MY COMMISSION EXPIRES DECEMBER 18, 2028
This certificate is attached to page _b_ of a ,,... {1.. ��or type of document), dated ---'-""""-'""--..:;_Z._°1-'--' 20 �, consisting of -Z.- pages.

Page 33 of 38 ends

Exhibit 2
383
***** * ! OLD REPUBLIC SURETY COMPANY**•**

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

Eric Verkouteren, Kevin Harvey, Caleb Cathey of Roseburg, OR its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.

RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 21st day of November 2024

STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
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OLD REPUBLIC SURETY COMPANY
/4/.t{
President
On this 21st dav of November 2024 , personally came before me, Alan Pavlic and Karen J Haffner . to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation. and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

My Commission Expires: September 28. 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SUR TY COMPANY. a Wisconsin corporation. CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of 77 360&
ORSC 22262 (3-06)
Gritly Insurance Services, Inc
Signed and sealed at the City of Brookfield, wt this __ 2.....;_°!--'--__ day of • )0Y\£ , ZiilJ?. ---��--

Page 34 of 38 ends

Exhibit 2
384

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

EXHIBIT 2
Bond#: YFB7491860
That we, SPEKTREN ENGINEERING, INC,, a STATE OF CALIFORNIA CORPORATION, as Principal and __ O_ld_R_e_;.p_ u _b_lic_S _ur _e--=ty_C_om--'-pa_n--=y---' corporation, organized and existing under the laws of the State of ___ S_ou_t_h_D_a_k_o_ ta ___ and duly authorized to transact business under the laws of the Sta te 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 con templa ted to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

ONE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED NINETY-SEVEN AND 00/100 DOLLARS ($198,397.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26
SB1 - PAVEMENT REPAIR
(PROJECT NO. WD26003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work

Page 35 of 38 ends

385
EXHIBIT 2
Bond#: YFB7491860
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

APPROVED AS TO SURETY: By:

SURETY
APPROVED AS TO FORM & CONTENT:

MARCI A. ARRENDO

OFFICE OF THE CITY ATTORNEY
By:-----------

DEPUTY CITY ATTORNEY
---- /�
By: __.&""""-""""'-"--�------

ATTORNEY-IN-FACT

Page 36 of 38 ends

386
State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Acknowledgment in a Representative Capacity
State of OREGON
County of l)D0� LA>
This record was acknowledged before me on (date) sJVrk 7 '7 , 20 7'2 by ( name( s) of individual( s)) ____ ....,
f'
......,
e.
"-'-l -=c.-
�
z....::-c::....:..:__�....:::...;_-=.....=;..!")-
________ as
(type of authority)--�--��-,"---��-�- of (name of party on whose behalf record was executed)
Notary Public - State of Oregon
Official Stamp

OFFICIAL STAMP

JEFFREY WILLIAM BARNES

NOTARY PUBLIC - OREGON
COMMISSION NO. 1054321
MY COMMISSION EXPIRES DECEMBER 18, 2028
Document Description
b � w4f:p,<.. � M�kL-
This certificate is attached to page _%::__ of a rvf)
_ (title or
type of document), dated �0 ,v£ Z.4 , 20 �, consisting of z_ pages.

Page 37 of 38 ends

Exhibit 2
387
***** *
! OLD REPUBLIC SURETY COMPANY
*****

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 21st day of November 2024

STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
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OLD REPUBLIC SURETY COMPANY
/4/¼
President
On this 21st dav of November 2024 , personally came before me, Alan Pav!jc and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

My Commission Expires: September 28. 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assis\ nt secretary of tne OLD REPUBLIC SURETY COMPANY. a Wisconsin corporation. CERTIFY that the foregoing and attached Power of Attormly retT.ahls in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are rio Ir. force.
,,,,,\\��\\
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77 3606
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Gritly Insurance Services, Inc
Signed and sealed at the City of Brookfield, WI this __ ��--9.�_day of -�• ... )�v��----- ---�� --

Page 38 of 38 ends

Exhibit 2
388
City of Stockton
Legislation Text
File #: 26-0731, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - CAPE SEAL PROJECT (DISTRICTS 2, 4, AND 6)

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

1. Approve Notice of Exemption No. NOE19-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No.

WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003.

3. Award a Construction Contract in the amount of $816,640 to American Pavement Systems, Inc. of Modesto, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003.

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

Summary
The City is responsible for maintaining 781 centerline miles of streets. The project will apply a cape seal treatment to approximately five centerline miles of various residential roadways Citywide (Attachments A and B). Cape seal is the process of placing a chip seal on an existing surface and then placing a slurry seal layer on top of the chip seal to improve rideability and extend the roadway’s life expectancy. The project was included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On May 28, 2026, the City received three bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, American Pavement Systems, Inc., in the amount of $816,640. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE19-26 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by fall 2026, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and City of Stockton Printed on 8/14/2026Page 1 of 3
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File #: 26-0731, Version: 1
Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $8.4 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2025-26 and approved by Council on April 1, 2025, by Resolution No. 2025-04-01-1215. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of surfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition. The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2025-26 SB1 - Cape Seal, Project No. WD26003, was included in the 2025-30 Five-Year CIP. The project will apply a cape seal treatment to approximately five centerline miles of various residential roadways Citywide (Attachments A and B). The project includes removing and replacing pavement striping and legends and applying a cape seal. Cape seal is the process of placing a chip seal on an existing surface and then placing a slurry seal layer on top of the chip seal. Chip seal is a roadway surface treatment consisting of a layer of asphalt rubber binder with a layer of embedded aggregate. Slurry seal is a mixture of water, asphalt emulsion, finely crushed rock, and additives applied in a thin layer to an asphalt pavement surface.

This treatment improves rideability and extends the roadway’s life expectancy.

The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index (PCI) ranging between 50 and 65 are suitable for this treatment. The City’s Pavement Management System identified these roadway segments to have a PCI range between 50 to 65. This treatment extends the life span by a minimum of seven years.

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 as the estimated construction cost was less than $1 million.

City of Stockton Printed on 8/14/2026Page 2 of 3
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File #: 26-0731, Version: 1
Present Situation
On May 6, 2026, the Local Street Resurfacing Program FY 2025-26 SB1 - Cape Seal, Project No.

WD26003, was advertised for bids. On May 28, 2026, three bids were received with the following results:

COMPANY NAME BID AMOUNT
American Pavement Systems, Inc. $816,640
(Modesto, CA)
Pavement Coating Co. $919,994
(Sacramento, CA)
VSS International, Inc. $928,325
(West Sacramento, CA)
Engineer’s Estimate $914,550
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. The Local Employment Ordinance, SMC section 3.68.095, also applies to this project.

The bid from American Pavement Systems, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to American Pavement Systems, Inc. of Modesto, CA, in the amount of $816,640, for the Local Street Resurfacing Program FY 2025- 26 SB1 - Cape Seal, Project No. WD26003.

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. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE19-26 under CEQA.

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

FINANCIAL SUMMARY
There are sufficient funds available in the Local Street Resurfacing Program FY 2025-26 SB1, Project No. WD26003, to award a Construction Contract to American Pavement Systems, Inc. in the amount of $816,640.

Attachment A - Project Vicinity Map
Attachment B - Street List
City of Stockton Printed on 8/14/2026Page 3 of 3
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391

ATTACHMENT A
Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003
LEGEND
- Project Limit

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
392
No. Street Name Begin Location End Location Council District 1 Airport Wy Ralph Ave Michael Ave 6
2 Airport Wy Ralph Ave Carpenter Rd 6
3 Albany Dr Hammer Ln Frontage N Bedlow Dr 2
4 Anne St Michael Ave Ralph Ave 6
5 Anne St Ralph Ave Cul De Sac 6
6 Astor Dr Knickerbocker Dr Albany Dr 2
7 Bedlow Dr Knickerbocker Dr Albany Dr 2
8 Belleview St Ralph Ave Michael Ave 6
9 Belleview St Carpenter Rd Ralph Ave 6
10 Beryl Dr Bedlow Dr Clinton Dr 2
11 Bluefield Dr Clinton Dr Fordham Dr 2
12 Cayuga Ct Cayuga Dr Cul De Sac 2
13 Cayuga Dr Gotham Dr Hudson Dr 2
14 Clinton Dr Tam O Shanter Dr Bluefield Dr 2
15 Dupont Dr Tam O Shanter Dr Erie Dr 2
16 Erie Dr Tam O Shanter Dr Bluefield Dr 2
17 Facet St Fordham Dr Gotham Dr 2
18 Fordham Dr Peeskill Dr Bluefield Dr 2
19 Goshen Dr Gotham Dr Hudson Dr 2
20 Gotham Dr Peeskill Dr Cayuga Dr 2
21 Hudson Dr Peeskill Dr Cayuga Dr 2
22 Jasper Ct Hudson Dr Cul De Sac 2
23 Knickerbocker Dr Tam O Shanter Dr Bedlow Dr 2
24 Lode Ct Hudson Dr Cul De Sac 2
25 Michael Ave Airport Wy End 6
26 Peeskill Dr Erie Dr Hudson Dr 2
27 Phelps St Carpenter Rd Ralph Ave 6
28 Phelps St Ralph Ave Michael Ave 6
29 Picarrdo Cir Rosemarie Ln Rosemarie Ln 4
30 Picarrdo Ct Picarrdo Cir Cul De Sac 4
31 Volney St Ralph Ave Michael Ave 6
32 Volney St Carpenter Rd Ralph Ave 6
Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003 Street List

ATTACHMENT B
393
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE 19-26,

APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FISCAL YEAR 2025-26 SB1 – CAPE SEAL, PROJECT NO. WD26003

On May 28, 2026 , the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 – Cape Seal, Project No. WD26003; and

The project will apply a cape seal treatment to approximately five centerline miles of various residential roadways Citywide; and

American Pavement Systems, Inc. is the lowest responsive bidder in the amount of $816,640 and its bid is regular in all respects; and

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

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

1. The City Council approves the filling of Notice of Exemption No. NOE19-26 under the CEQA for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 – Cape Seal , Project No. WD26003, 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 Local Street Resurfacing Program Fiscal Year 2025-26 SB1 – Cape Seal, Project No. WD26003.

3. The City Council awards a Construction Contract between the City of Stockton and American Pavement Systems, Inc., in the amount of $816,640, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
//
//
//
//
394

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

PASSED, APPROVED, and ADOPTED August 18, 2026 .

_______________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

_______________________________

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

395
EXHIBIT 1
, Building 2
396
Local C
onstruction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)

CONSTRUCT

ION CONTRACT
This c ontract is made and entered into on _____________, by and between AMERICAN PAVEMENT SYSTEMS, INC., a (INDICATE STATUS: STATE OF CALIFORNIA CORPORATION, with a business address at 1012 11TH STREET, STE. 100, MODESTO, CA 95354, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHE
REAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025 -26 SB1 – CAPE SEAL (PROJECT NO.

WD26003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. ______________ __ _ , on ____________ _____ ; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by C
ouncil Resolution No. __ _______________, on ________________ .

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A , attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $816,640.00, or as otherwise mutually agreed to in a Contract Change Order.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

EXHIBIT 2

Page 1 of 38 ends

397
Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
Fur
ther
more, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

T
he 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.

T
he 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.

A
ll 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.

P
olicies 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.

T
he CITY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

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

CO
NTRACTOR 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.

CO
NTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub- subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

EXHIBIT 2

Page 2 of 38 ends

398
Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
4 . INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement. 5 . STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8- 1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

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

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

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Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
A w
ork
ing 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.

I
f 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. TI
TLE VI
T
itle 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.

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

SCRIMINATION AND HARASSMENT POLICY
T
he 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.

EXHIBIT 2

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Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
c. L

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PR

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

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

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Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
und
er the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii
. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. T
he 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. L

OCAL EMPLOYMENT ORDINANCE
P
ursuant 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. S

ANCTIONS
D
eliverables 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.

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

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Loc
al Construction Contract – AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)
9 . SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10 . CHANGE ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

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

P
rocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work. 11 . AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

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.

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EXHIBIT 2
It is f!Jrther understood an.I;t agreed by and betw.�en the parties h�ret9 that time is of the essence of this contract in all respects.

IN V\'JTNESS WHEREOF, tbe parties hereto hav� hereunto affixed theixhands and seals the .. day and year first above written.

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:--'-------------
APPROVED AS TO FORM & CONTENT:

MARCI A.ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:------------

DEPUTY CITY ATTORNEY
By: ____________ _

JOHNNY FORD

CITY MANAGER
By:_rp---=----
AMERICAN PAVEMENT SYSTEMS, INC.

Tax Identification No.

Local Construction Contract-AMERICAN PAVEMENT SYSTEMS, INC., PROJECT NO. WD26003 (Updated 10/18/23)

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404
LOCAL STREET RESU.RFACING PROGRAM FISCAL YEAR 2025-26 SB1 - CAPE SEAL PROJECT NO. WD26003E
Each bidder s�all bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line ·item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considerina the bid as non-responsive.

Item Description Unit Quantity Unit price Total Price
1 2
3 4
5 6
7 8,..
9 10
11 12
Mobilization 1 LS
Traffic Control LS 1
Water Pollution Control LS 1
Removal Existing Pavement Striplings, Markings, LS 1 and Legends Install Detail 22 Striping Per MUTCD LF 600
Install Detail 25A Striping Per MUTCD LF 100
Install Detail 278 Striping Per MUTCD LF 100
Install Detail 29 Striping Per MUTCD LF 100
Install White Thermoplastic (All Pavement Legends) SF 2,300 Install Yellow Thermoplastic (All Pavement SF 300 Legends) Slurry Seal (Type 11) SY 104,000
Asphalt Rubber Chip Seal SY 104,000
TOTAL BID SI bl bl/0 · 00
# 3(:,/000.00 #.>3b1 ooo.oo
$55,000.00 $55,000,00
$5,000,00 $5,000,00
$20,000.00 $20,000.00
$6. DD $3,600.00
$5.00 $500.00
$5,00 $500,00
$8.00 $BOD.DD
• '
$9,00 $20,700, DD
$9.00 $2,700. DO
$2.21 $229,840.00
$4.25 $44.2, 000. DO
AMERICAN PAVEMENT SYSYEMS INC.

BIDDER'S NAME ____________ _
Bid Forms Last Revised 12/31/20
·'

EXHIBIT A
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405
Exhibit B:

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

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

1. Comme
rcial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

4. Surety Bonds as described below.

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

EXHIBIT B
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406
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

EXHIBIT B
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407

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

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

3. I
f 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. I
f 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.

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

Contractor agrees to obtain any endorsement that may be necessary to affect this

EXHIBIT B
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408
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. B
id Bond

2. P
erformance Bond

3. P
ayment Bond

4. M
aintenance Bond

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

C
ertificate Holder Address
T
he address for mailing certificates, endorsements and notices shall be:

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

EXHIBIT B
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410
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

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

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

D. All City employees and non-employees share a responsibility to assist in

EXHIBIT C
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411
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C
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412
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

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

EXHIBIT C
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413
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

EXHIBIT C
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414
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

EXHIBIT C
EXHIBIT 2

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415
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

EXHIBIT C
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416
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

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

EXHIBIT C
EXHIBIT 2

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417
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

EXHIBIT C
EXHIBIT 2

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418
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:

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

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

EXHIBIT C
EXHIBIT 2

Page 23 of 38 ends

419
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially

EXHIBIT C
EXHIBIT 2

Page 24 of 38 ends

420
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

EXHIBIT C
EXHIBIT 2

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421
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s)

EXHIBIT C
EXHIBIT 2

Page 26 of 38 ends

422

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these

EXHIBIT C
EXHIBIT 2

Page 27 of 38 ends

423

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1

EXHIBIT C
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Page 28 of 38 ends

424

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

Bond No. 30280937
Premium: $2,858.00
That we, American Pavement Systems, Inc. , a STATE OF CALIFORNIA CORPORATION, as Principal and Western Surety Company , a corporation, organized and existing under the laws of the State of South D akota 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 EIGHT HUNDRED SIXTEEN THOUSAND SIX HUNDRED FORTY AND 00/100 DOLLARS ($816,640), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

LOCAL STREET RESURFACING PROGRAM
FISCAL YEAR 2025-26 581 - CAPE SEAL
(PROJECT NO. WD26003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of

Page 29 of 38 ends

EXHIBIT 2
425
Bond No. 30280937
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 June 29, 2026 ----------------
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

MARCI A.ARREDONDO
By:----------

DEPUTY CITY ATTORNEY
A:erica
m
ent Systems, Inc.
• PRINCIPAL
7)�"1-i{ 'j)� ¼./• \)ta. ?r1srr/d. ""-i-
Western Surety Company
SURETY

THE CITY ATTORNEY
v)pf-

ATTORNEY-IN-FACT
Kathleen West, Attorney-in-Fact

Page 30 of 38 ends

EXHIBIT 2
426

CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _S_t_an_i_sl_a_u_s ______ _
On _ ().,.....ll__,_[--"'1!1�--lk,c.--c..v�iv�-- before me, _T_iff_a_n_ie_L_e _e,_N_ o_ta_ry_P_ub_l _ic _______ _ (here insert name and title of the officer)
personally appeared ______ .'--])-""�IP!-C---41""---'pL-,_1 _,MLI....L,�><=.1----------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature --�
-'l--E-<-ll--l--l-"-'IU,ua'-"-"-.,..-=--__.{....,_.,,,,,v___.=-------- Optional Information
········tTIFFANIE LEE
Notary Public • California :

Stanislaus County s
Commission /I 2468712 �
y Comm. Expires Oct 28, 2027
(Seal)
Although the information in this section is not required by law, it could prevent fraudu lent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached docu ment.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________________ _
containing __ _ pages, and dated ___________ _
The signer(s) capacity or authority is/are as:

D lndividual(s)
D Attorney-in-Fact
D Corporate Officer(s) ___________________ _
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
Title(,)
D Other: ______________________ _ _
representing: --------�---c---,---,---,----,�-------
Narne(s) of Person(s) or Entity(ies) Signer is Hepresenting Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:

Page ff Entry#
Notary contact: ___________ _
Other
D Additional Signer(s) D Signer(s)Thumbprint(s)
----------------
O Copyriqht 2007-2018 Notary Rotary, PO l3cx '1 l '100, Des Moines, IA 50311-0507. All Rights Rt•,ervcd. Item Number 101772. Please contact your Authorized Reseller to purch2se copies of this form.

Page 31 of 38 ends

EXHIBIT 2
427
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Contra Costa
on JUN 2 9 2026 before me, __ L_u c_y_M_i_ch_e_ll_e_D_un_h_a_m_, _N_ota--'-ry_P_u_b_lic ________ _ Date Here Insert Name and Title of the Officer
personally appeared �K�a�th�le�e:!:n�W�es�t�==============================:_ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

LUCY MICHELLE DUNHAM
Notary Public - California
Contra Costa County
Commission 112473818
My Comm. Expires Nov 27, 2027
Place Notary Seal Above
I certify under PENAL lY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and O
l
ic�r� :rn� ' • 1 L • al I
Signature -+-+-+N-11--+-'l----''-'--''-----'-w'---�-tt-=---YllWUM____ _ ----------------opnoNAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____ _______ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual esJ Attorney in Fact
D Trustee □ Guardian or Conservator
D Other: ______________ _
Signer Is Representing: _________ _
D Part
D lndivid
. .

D Trustee ator
D Other:..,,-<'------------""'-c----
nting: -----��--
,l<,�'Q(:.'£<>��'{,X,��'@��'g(;��
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

Page 32 of 38 ends

EXHIBIT 2
428
Western Surety Company

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Charles R Shoemaker, Kathleen West, Kelly Holtemann, Mark M Munekawa, Nerissa S Bartolome, Yvonne Roncagliolo, Patrick R Diebel, Karen Rhodes, Valerie Takeuchi, Erica Li, Christina Parsons, Zachary V Overbay, Andrew S Holloway, Rossio Polio, Lucy M Dunham, Christopher M Howell, Nathalia P Sholl, Jacquelin Muro Silva, Keith Lovitt, Individually of San Francisco, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confinned.

This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day ofFebruary, 2026.

State of South Dakota
County of Minnehaha } ss

WESTERN SURETY COMPANY
a
On this 20th day of February, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires
December 4, 2031
K. WALSH {
� NOTARY PUSUC � 1
� SOUTHOA.KO�A � l
K. Walsh, Notary Public

CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of June, 2026.

WESTERN SURETY COMPANY
�h�
Authorizing By-Laws and Resolutions

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
Paula Kolsrud, Assistant Secretary
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.

Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.

This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.

This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-fonnatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confinn any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

Form F4280-6-2023

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EXHIBIT 2
429
Premium Included in
Performance Bond
Bond No. 30280937

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

That we, AMERICAN PAVEMENT SYSTEMS, INC., a (INDICATE STATUS:

STATE OF CALIFORNIA CORPORATION, as Principal and Western Surety Company __ , corporation, organized and existing under the laws of the State of South Dakota 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 EIGHT HUNDRED SIXTEEN THOUSAND SIX HUNDRED FORTY AND 00/100 DOLLARS ($816,640) in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

LOCAL STREET RESURFACING PROGRAM
FISCAL YEAR 2025-26 SB1 - CAPE SEAL
(PROJECT NO. WD26003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or

Page 34 of 38 ends

EXHIBIT 2
430
Bond No. 30280937
other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

SIGNED AND SEALED on June 29, 2026 _______ ......_ ________ _____ APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

MARCI A ARRENDO

OFFICE OF THE CITY ATTORNEY
By:----------

DEPUTY CITY ATTORNEY
American Pavement Systems, Inc.

By: __,___(Q...L....----==----

PRINCIPAL
l)�'J)tl �'liM.�, 'lrc.l 'i)r-{S�.(A;-
Western Surety Company
SURETY
B�AC�
j--
Kathleen West, Attorney-in-Fact
I i
,

Page 35 of 38 ends

EXHIBIT 2
431

State of California
County of _s_t_an_i_sl_ a_u_s ______ _
On OL,{�� /"1.n"11 � Tiffanie Lee, Not ary Public _ '-e....c....,_____'..,J_v ..__r'------'-vV'-1'--"--__ before me, ____________ _ (here insert name and title of the officer)
personally appeared ______ ]:nNJzl_�_· ¥-=- ...... ?�'-' �M�\l��---------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature-
�
--......... --+---��-LUL�----------
Optional Information
:t�;?::i��1:Cr: • 1
Stanislaus County !
Cor:imission # 2◄68712
y Cor,-;m. Expires Oct 2i, 2027
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ___ ______________
containing ___ pages, and dated ____________ _
The signer(s) capacity or authority is/are as:

D lndividual(s)
D Attorney-in-Fact
D Corporate Officer(s) ----------,-,-,---------
Tirle(s)
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other: _______________________ _
representing: ______________________ _
Name(s) of Person(s) or Entity{i�s) Signer is Hep�esenting Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:

Page ff Entry #
Notary contact: ___________ _
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
----------------
o Copyright 2007·2018 Notary Rotary, PO Box 41400, Des Moine�. IA 50311-0507. All Rights lk5erved. hem Number 101772. PINse contact your Authorized Reseller to purchase copies of this form.

Page 36 of 38 ends

EXHIBIT 2
432
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Contra Costa
On ___ J_U_N_2_9_2 _02_6 ___ before me, __ L_u_cy_M_i_c_he_ll_e_D_u_nh_a_m_,_N_ota�ry_P_ u_b_li c ________ _ Date Here Insert Name and Title of the Officer
personally appeared Kathleen West------------------------ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

LUCY MICHELLE DUNHAM
Notary Public - California
Contra Costa County �
Commission I 2473818
0•�'� My Comm. Expires Nov 27, 2027
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signature
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual � Attorney in Fact
D Trustee □ Guardian or Conservator
D Other: ______________ _
Signer Is Representing: _________ _
□ Pa
D lndivid
. .

D Trustee ator
D Other:._,,..'--------------"....._,..----
��'!i'<;.��'%��'%-��
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

Page 37 of 38 ends

EXHIBIT 2
433
Western Surety Company

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Charles R Shoemaker, Kathleen West, Kelly Holtemann, Mark M Munekawa, Nerissa S Bartolome, Yvonne Roncagliolo, Patrick R Diebel, Karen Rhodes, Valerie Takeuchi, Erica Li, Christina Parsons, Zachary V Overbay, Andrew S Holloway, Rossio Polio, Lucy M Dunham, Christopher M Howell, Nathalia P Sholl, Jacquelin Muro Silva, Keith Lovitt, Individually of San Francisco, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day ofFebruary, 2026.

State of South Dakota
County of Minnehaha } ss

WESTERN SURETY COMPANY
On this 20th day of February, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMP ANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires
December 4, 2031
K. WALSH
I
t-K>TARYPUB.UC � SOUTH DAKOTA�
K. Walsh, Notary Public

CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further cetiif'y that the By-Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and afl1xed the seal of the said corporation this 29th day of June, 2026.

WESTERN SURETY COMPANY
�h�
Authorizing By-Laws and Resolutions

This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.

This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.

Form F4280-6-2023

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EXHIBIT 2
434
City of Stockton
Legislation Text
File #: 26-0732, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - MILL AND OVERLAY PROJECT (DISTRICTS 2, 4, 5, AND 6)

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

1. Approve Notice of Exemption No. NOE16-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

3. Award a Construction Contract in the amount of $1,098,350.78 to Spektren Engineering, Inc. of Gilroy, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

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

Summary
The City is responsible for maintaining 781 centerline miles of streets. The project will apply a mill and overlay treatment to approximately 1.19 centerline miles of residential and collector roadways Citywide (Attachments A and B). Mill and overlay is the process of milling the existing deteriorated asphalt and overlaying a new asphalt layer to improve rideability and extend the roadway’s life expectancy. The project was included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On May 21, 2026, the City received 10 bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Spektren Engineering, Inc., in the amount of $1,098,350.78. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE16-26 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by fall 2026, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and City of Stockton Printed on 8/14/2026Page 1 of 4
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File #: 26-0732, Version: 1
Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

Approximately $8.4 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2025-26 and approved by Council on April 1, 2025, by Resolution No. 2025-04-01-1215. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition. The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2025-26 SB1 - Mill and Overlay, Project No. WD26003, was included in the 2025-30 Five-Year CIP. The project will apply a mill and overlay treatment to approximately 1.19 centerline miles of residential and collector roadways Citywide (Attachments A and B). The project includes removing and replacing pavement striping and legends, installation of Americans with Disability Act curb ramps, and the application of mill and overlay. Mill and overlay is the process of milling the existing deteriorated asphalt and overlaying a new asphalt layer to improve rideability and extend the roadway’s life expectancy.

The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement conditions and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index (PCI) ranging between 0 and 50 are suitable for this treatment. The City’s Pavement Management System identified the following roadway segments that warrant resurfacing:
· Benjamin Holt Drive from El Dorado Street to Hemet Avenue (PCI = 40) · Henry Long Boulevard from McCuen Avenue to Carolyn Weston Boulevard (PCI = 21) · Lincoln Street from Magnolia Street to Acacia Street (PCI = 2) · Mendocino Avenue from Kensington Way to Dwight Way (PCI = 33) · Oxford Circle (PCI = 48)
Mill and overlay of the selected local roads are anticipated to extend their life span by a minimum of 10 years.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The City of Stockton Printed on 8/14/2026Page 2 of 4
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File #: 26-0732, Version: 1
CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million.

Present Situation
On April 23, 2026, the Local Street Resurfacing Program FY 2025-26 SB1 - Mill and Overlay, Project No. WD26003, was advertised for bids. On May 21, 2026, 10 bids were received with the following results:

ADJUSTED BID ADD ALT TOTAL BID
COMPANY NAME BASE BID AMOUNT_ AMOUNT AMOUNT__
Spektren $ 930,350.78 $ 930,350.78 $168,000.00 $1,098,350.78 Engineering, Inc.
(Gilroy, CA)
Tom Mayo $1,173,769.00 $1,150,293.62 $135,500.00 $1,309,269.00 Construction, Inc.
(Stockton, CA)
United Pavement $1,215,006.04 $1,215,006.04 $123,818.00 $1,338,824.04 Maintenance, Inc.
(Hughson, CA)
Consolidated $1,238,995.00 $1,238,995.00 $ 94,500.00 $1,333,495.00 Engineering, Inc.
(Valley Springs, CA)
Rapid Grading $1,254,015.00 $1,254,015.00 $114,050.00 $1,368,065.00 Services
(Hayward, CA)
Zara $1,262,600.00 $1,262,600.00 $216,000.00 $1,478,600.00 Construction, Inc.
(Sacramento, CA)
DSS Company dba $1,327,515.00 $1,261,139.25 $139,000.00 $1,466,515.00 Knife River Construction
(Stockton, CA)
Dirt Dynasty, Inc. $1,489,160.00 $1,459,376.80 $142,500.00 $1,631,660.00 (Farmington, CA)
George Reed, Inc. $1,510,210.00 $1,510,210.00 $153,400.00 $1,663,610.00 (Modesto, CA)
B&M Civil, LLC dba $1,762,680.00 $1,762,680.00 $231,500.00 $1,994,180.00 B&M Builders
(Rancho Cordova, CA)
Engineer’s Estimate $1,531,400.00
City of Stockton Printed on 8/14/2026Page 3 of 4
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File #: 26-0732, Version: 1
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc. and Dirt Dynasty, Inc. are located within San Joaquin County and are entitled to a two percent bid preference. Knife River Construction is located within the City limits and is entitled to a five percent bid preference. Application of the Local Business Preference has an effect on the bid order, but not on the low bid. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The Base Bid from Spektren Engineering, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Spektren Engineering, Inc. of Gilroy, CA, in the amount of $1,098,350.78, which includes the Base Bid and Add Alternate, for the Local Street Resurfacing Program FY 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

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

FINANCIAL SUMMARY
There are sufficient funds available in the Local Street Resurfacing Program FY 2025-26 SB1, Project No. WD26003, to award a Construction Contract to Spektren Engineering, Inc. in the amount of $1,098,350.78.

Attachment A - Project Vicinity Map
Attachment B - Street List
City of Stockton Printed on 8/14/2026Page 4 of 4
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438
WARREN

STANFORD AV

PILGRIM ST
J. CT
5 CT

MOULTRIE

MT MORAN

LINCOLN ST

MISSION RD

ROSE ST
ST
C T

CT ELDORADO ST
WOOD
QUAY

GREY STONE

GLENDALE
DENNIS
ELM ST

MARKET ST

FEATHER
RIVER
DR
RAPID
WELL

SAN MATEO AV

HOLIDAY DR
DUNE
DR
CT
AV

COMMERCE ST
CI
T. CT

ISABELLA LN

DEL PLAYA

MAAS DR

VINTAGE

ARABIAN

MADRONE AV
CI
NAVY
DR

VERSTL WY

DELHI AV
LONG

PACIFIC AV
ST

KERMIT LN

RIVARA RD
PISA
CI

SEARCHLIGHT AV
OAK

SOLARI AV

BELVEDERE

GILCHRIST
SILVE-

SUTTER ST
PORTER

BUCKINGHM

PODESTO LN
ST

BU RKETTAV
ETO

BOARDWALK DR
PARK

SEGOVIA LN

DANNY DR

LONG ISLAND DR
NOL

SIXTH ST

MICHIGAN AV

FRANKLIN AV

UPRR (SPRR)
IAM

SECTION AV

EVELYN AV
SON

GREELEYW
Y
ERMA
DIVAC

STUEBEN
RIO

ALLSTON WY

HARDING WY

SYCAMORE AV
MIL-

SWAIN RD
MARY

GILMORE AV

MINER AV

MEADOWAV

EL CAMINO
AV
PAJARO
W
Y
RIVER
RONALD

HENRY LONG BL

GIBRALTAR CT
C ST

14.SHORELAKE CT 4
2 DR
TABLE
RVR

3.CARMEL RIVER CT

HOUSTON AV

COMMERCE ST
AV
ST
GRANT
CT
CITIA

CRADLE CT
PT
C C S
CAR-

GREENAN
CI
GREY
HERZOG

CALAVERAS AV
CT
COCH-

KINGSLEY AV
SWAIN

JAMAICA WY
FORTH-

MCKINLEY AV

SNEDEKER AV
BRIDGE
CI
RISON
CEDAR-

UPRR (SPRR)
PORT RD 2

UPRR (SPRR)

AIRPORT WY

ELDORADO
ST
LOW

S TCARLO VILLA
MERCY
ROCCO
CLAREM
ONT
DR

WOODSHIRE

BUTTRICK

W REGAL

MENDOCINO AV
AV

NORTH SERVICE
WY
PEBBLE
CI
DR
E. CI

CARIBBEAN
ST
SYDNEY
ST

IRIS AV

PORT RD F

ELMIRA AV

TUXEDO S AV

SAN JOSE ST

LEESBUR
G

BRO O KSIDE RD
LIT-
WHITE
ACC-

WEST LN
GAIL
CI

CARPENTER RD

MONROE ST

CULPEPPER
PL

HUNTINGTON

MONIQUE CI
BURG
GRAHAM
DOLLAR

TENTH ST

SCRIBNER ST

SWIFT WY
SU-
CT

PINEHURST

PELEM CT
BL

LIBERTY

PATTILYNN

CHARLES ST
AUTUMN

SAMPSON RD

GREEN RVR

LINCOLN ST
VIEW

HAMPTON
BL

SUTTER ST

GERMAIN LN
TTINI
SPYG
LASSDR
GENTRY
ASPEN

IDAHO AV
AV

OAK ST

PONTELLI
CENTER

HAZELWOOD
CT

CAROLYN
W

ESTONBL
OKLA-
CT

SANGUINETTI
MOR-
AV

MADISON ST

HUNTER ST

BRISTOL AV

FUNSTON AV

LONGVIEW AV
CT
CT

WASHINGTON ST

CANTERBURY DR

GEORGETOWN PL
CT
CT
LARCOM

HIGGINS

FAYE ST
(PVT)

BRADFORD

COMMERCE ST
CT
TORINO

INRIDGE

HATCHERS
AV
ROYAL-
PHIRE
ARRIBA

JULIAN ST
ASH ST
3 DEEP CLIFF
DELANO
W
ILLIAM
SBURG
PL

ROBINHOOD DR
LN

ALLEGHENY PL

GEORGIA AV
CT

ATLEE ST
ELIA

HORSETAIL DR
TIAMO

DOMINQUE
VALL-
BROOK

WAYNES-

RUTLEDGE

CHARTER WY
NORTE

UPRR (SPRR)
WALNUT
CI

VIRTUE ARC
SHET-

WILLOW OAK
WY
FARLEY

VILLALOBOS
DR
MIST

HTHWICK

BEAU PRE ST

LA VITA DR
QUEEN

BRUSH CREEK
PLYM
OUTH

KEYSER DR
CT
CI
PINE
VALLEY
S. CT

TRIDENT

LINCOLN

LASSEN AV

PERSHING AV

VENEZIA
FARGO

ATLEE ST
GAS
GLEN-
COVE
CI
CI

PORT RD H
SWE-

SAN JOAQUIN ST

WEBER AV

MCCLELLAN WY
CI

BROADWAY AV
TH
OMAS
M
IST
TRAIL
DR
JACA-

SONORA ST
EDAN

EIGHTH ST

MONTEREY
EDISON
ST

BLACK OAK DR

OAKFIELD

DURANGO WY

MISTLETOE

YOUNG ST
ANNA-
DR

OAK VALLEY WY
CT
WY
LINDE

VOLNEYPLAYA DEL SOL
VIEW

1.CHARIOT CT
ERING
AV
BUSIER

MARCH LN
HAVEN

HARRISBURG
CI
ST
M
A

NCHESTER
AV
DOH-

YACHTHARBORDR
G
LE
N
ABBY
CI
WY

MARANATHA DR
DENISE
MARK

NAPOLEON
MERCER
CT

PINTER AV
ODY
NYS-
WELL

JEAN AV
LAUREL
CHURCH
CT

REGENT S ST

EDISON ST

ST MARKS

LORENZO LN

ROBINDALE AV

DONCASTER
CAL-
BRANCH

MCCUEN AV
CT
RIDGE

WASHINGTON ST

MOSS ROCK

SIXTH ST

SCHOOL AV
WY
PRESI-
LN

HACKBERRY ST

ANDREA AV ROS-
CI

LOWELL AV
CI
ALTU
RAS
AV

GREENSBORO

TORTUGA
C. CI
W
ILD
ROSE
LN

DAVIS AV
RINCON
LN

WOODSIDE
WY

DALLAS AV

THIRD ST

TELEGRAPH AV

YALE AV

YORKSHI RE
EBBET
B.CT
CT
GINK-
AV
PLUMAS

SCOTTS AV
BORGIA

BUR KE BRAD LEY RD

RIVER DR D ST

TOMMYDON
GARETH
ERTON

GARDENA

ELMWOOD AV
WILLOW

STANISLAUS ST
SIENNA
HELM
CI

APPLETON WY
MAY-

DE OVAN

MADISON ST

CUS- NER

WARMKE LN
AV
FR RD

MYKALA DR

ELLSBERG DR

WINDFLOWER LN
IBUR

LEARNED AV

DENVER AV

COLORADO AV

CALIFORNIA ST
CT

CALIFORNIA ST

PERSHING AV

WORTH ST
CROSS

1.HORN BRAM CT
STEAD

MONTGOMERY
UMNE
LIN
AGAP-
UP-

GASWELL LN

SEVENTH ST

DIABLO CREEK DR

ANDERSON ST

JEWELL CT
GRAND

ROBINHOOD DR
WOOD

SKYLINE

BIANCHI RD
CT
VENICE

ANDERSON ST
RIVER-

FREMONT ST
NELLIS

SPARROW
MARI-

EL MONTE ST
K. H. CI

FONTANELLA
ONIA

ALMA AV

VINE ST

FILBERT ST

AMBER WY
BELLA

SPANISH

HORTON AV
AV

MEADOW LAKE
CREEK
B

MARCHESOTTI WY
VERC-

UNION ST
WICK

JUNIPER

PORT RD D
DSON
CI

CHURCHILL
TUOL-
DUT-
SHELL
W
ATER-
C
T

PORT RD E
RVR

INMANAV

FREMONT

4.CRYSTAL TREE CT

CLARKS-
NEWTON

SHARON AV
CT
OAK-

BRITTANYANN

LEVER BL

TUXEDO S AV

UNIVERSITY

PALM AV

ROOSEVELT ST
CT

SONORA ST

2. HARBORVIEW DR

6.HERITAGE PL
CT
ROCK

BACHELOR
RAY-

SHERIDAN WY

GRIGSBY PL
CT
WOOD

SOUSA ST
F ST
WHIT-
WOOD
ROCK-
MOR-

PINEBROOKDR
BAJA

RIVIERA DR

LINDSAY ST

VINE ST
RD

ROUND ANELLE

STRATFORD
CARR-
CI
KATE
TEST

ZEPHYR ST
AV
NESAW

CLAYCOMB

FIFTH ST

DE OVAN AV
LOUIS
PORT RD 1
WY

SPERRY RD

ATCHLEY
ST

FAIRWAY DR
BOYNES

CHAMPAGNE

ARGONAUT ST

EL PINAL DR
PERCH

CAROLYN WESTON BL

TWELFTH ST

HUNTING-
LOCUST
CI

POMONA AV

PERCIVAL
SUGAR

LEVER BL

CALIFORNIA ST

GRANT ST
AV
AV

T EEPEE DR
MINO
ENDO
CAS-

IJAMS RD
CT
DOT PL

PORT OF STOCKTON EX
VAIL

NAVY DR
CI

SIKH TEMPLE ST
CI
COVEY
CREEK

YOKUTS AV

NORT H-

PRESIDENTE ST
NATH-
WY
EMERYN
ROGUE
GAP
1 SONOMA AV

ALPINE AV
LN
ST
ANDREW
S
DR
CAM
ELLIA

M ERRY-

WILLOW PARK
TREE
PORTER
M
CG
AW
ST
CRESTA
CT
SHIMA
LEWIS

BUTTERCUP
PEJA

SCOTTS AV

COUNTRY CLUB BL
OAK CI
BREEZE

3.NORTHPARK CT

ETCHEVERRY

CERRUTI
DR
CI

MONTE DIABLO AV
JAMES

2.HIDDEN BROOK DR

FULTON ST

ST KITTS

WINTER-
MATIAS
FIRST
CI
FT D. DR

RUTLEDGE WY
TYROL
DAVI
VAN
CI
CI
S CI

HERNDON PL

LA MESA
DANNY N 99 FRONATGE RD E
SANGER

WEBER AV

RIVER DR
SAP-
PZ

GRATTAN AV
1 1
FT
DO
NELSON
DR

LIGHTHOUSE DR LY N-

MAIN ST
HYDE

BISHOP ST

CLEVELAND

CEDAR RIDGE
DR
MYRAN

SAN LAZARO
1 NADINE

BRANDY-
OLI
EW
S
W
OODS
BL

HERNDON
PORT RD 22

LUNA LN

EIGHTH ST

SAN JOAQUIN ST

STANTONWY
CI
DEER
PARK
DR
CCT RR

MARILYN
AV
LAND
ELI

MIRASOL LN
GROVE

RAMALHO LN

NINTH ST

ROUGH AND READY ISLAND

DELAWARE
ST
AV

BRICK & TILE
13 CT
PINES

BARD CUSHION CAP

DELTA RIVER THOUSAND
PORT (pvt) RIDDLE
RUDDY
WAY DR
SALEM
F.R. CT

HAMMERTOWN

SONORA ST

MODESTO AV
WY

BEVERLY

SUTTER ST
MEDICI

REPORT AV

BANBURY DR
CT A
DUNMAR
FOREST

BELLVIEW ST

THIRTEENTH ST

VENTURA AV

IRENE ST
PORT RD 7
KELSEY
EVI
WINDY

WESTLAND AV
GUNTON

HUNTER ST
UPRR

ROLERSON RD
CT
ICAL
STICK

PARK ST
CT
MEADE
WILKIE
NSON

CLEMENT AV

MICHAELANGELO D R

CHURCHILL ST

HILLSBORO KATHLEEN
DR

EMBARCADERO AV

MARSH ST
POPLAR
3 PENIN-
S CI
GLEN
ST

OREGON AV

MAGNOLIA
TREE
CAVE

PACIFIC

HAMMER LN

ULYSSES

BOURBON

SPANISH
BAY
D ST

MEADOW AV
ARIO

VINE ST

WILHOIT RD ERTY

GRANADA DR

NEWTON RD
AV

ELMIRA AV

YALE AV
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A
EYE

HUMPHREYS DR

FREMONT ST
BROOK

PORT CI

HEDO PL

PEPPERTREE
ST

SOUTH SERVICE

CHESTNUT
ETTA

MARIGOLD LN
ERNIE
VIEW
CI

MAIN ST
MARIE
RVR
OLD
AV

BRISTOL AV
ST

POLK WY

3.ADOBE CREEK CT

JACKSON
SON

AUTOCENTERCI

BURGUNDY

PORT RD K
AV
PORT RD 4

ACACIA ST

VERNAL WY
AUDREY

STEPHANIE

SAN RAFAEL
SHAD
O
W
BROOK

TOTTEN AV
KEN-
DR
CREEK
TENTH
ROCK

PICKWOOD
ST

NISPEROS ST
VERNER
F ST

KELLEYDR

TERRA VISTA

EDGEWATER CT
RUDKIN

SONORA ST
PIPER

BLOSSOM CI
GA-

MARSH ST
ST
5 NNAH
SIGNAL

ST LAKES

HOWARD ST
SNOW-
VERY
CT
UOIA

ALEXANDRIA
PL
LOS

BERNAY DR

DOCKERY
G

PERALTA AV

FREMONT ST

FOXCATCHER WY
TAGE

LYLE AV

BIRCH AV
MCPATT
BLAKE

PORT OF STOCKTON EX

FOURTH ST
CI
TROY
CCTRR

SONORA ST

CHARTER WY
WICK

HOUSTON

DR MARTIN LUTHER KING JR BL

SAN JOSE
IDA
GORDON
SEY

STADIUM
BERR-

GIRARDI WY
SPERRY
CT

GLENBROOK WOOD

2.TIMBER CT
ELLE

MONROE ST

STAGG WY
OAK ST
RIVA
CAB-
WY
PEBBLE
BE
A
CH DR

LAFAYETTE ST

HOLLOW CI

FILLMORE

ARGUELLO
HORI-
PEACH-
RIVER
DR

CANTER-
ZACA
BROWN
S.DR
BRO
OKSIDE
RD

TUGBOAT

FOURTEEN MILE DR
NUM
PORT
CANAL
QUAIL
CI
AV

MARCH LN

CHAPMAN OAK

MINE ST
LAKE
CI

ELMWOOD AV
CADE

WOODLAND DR
2 BONAIRE CI

MIDDLEBURY

SICILY ST

MANIAGO
PATO

LONG COVE

VILLAGE GREEN DR
TEMPLE

WILSHIRE AV

EUCLID AV
CRK
VILLA

BIEGHLE ST

DR MARTIN LUTHERKINGJRBL
TSU-
PORTS-
ELDON

SAN CARLOS

QUEENS-
HILLS
PINE

INNISBROOK
N CI
M
O
NTAUB
AN
AV
N 99 FRONTAGE RD W
PORT RD 23
OVAL

FIFTH ST
CI
KERMIT
LEM-
VILLA-
DOR

CYPRESS
CHAR-

STOCKTON
SPRUCE
CARMEL
ST

MOSAICWY

PICCARDO CI
SECOND
CI
SUNSET
UPRR
LN

BROOKSTONE AV

TITLEIST CT
RIDGE-

SILVERBELL MALM-

WILSHIRE AV
DIABLO
DUCK
VIVA

WATTS AV
SPRNG
AV

JAMES DR

MANCHESTER AV
WY
ESSEX
DR
CT
JOAN

FRESNO AV

WASHINGTON ST

MARIPOSAAV
CASTLE

LINDSAY ST

MISTTRAILD
R
INGLEW
OOD
AV
CT
ST
WARLOW

RIPPLEROCK

SPRING ST
GERALD
ST

BRENT AV

FOURTH ST
AV

DAVE BRUBECK WY

FLORA ST

EL DORADO ST

RIDGEWAY AV

WINSLOW WY
CT
EXPR-
OAK
CT
12TH

TOMAHAWK
ANOLA
TORREY
EDGE

SHIMIZU DR
TAIL
FILLM
ORE
AV

HEMING-
DR

TIFFANY
OAK
CI
PRADO
ST

PVT FULTON ST
TILLE

RAYSILVA
CT

BROOKVIEW DR

BENJAMIN
SOQUEL

FLINT AV
AV
FRAZER

MISSION RD

WALNUT ST
BID-
LN
G

LENEAGLES

WIGWAM DR
WATER
HOLMAN
RD

DIAMONDOAKS
ST

DOUGLAS RD
DAVIN
CIDR

BIANCHI RD
CT
ST

MURRAY DR
CI

AURORA ST

HARVEST GOLD

BIRMINGHAM
F ST
N CI
CT
AV

HUNTER ST
W. CT
CHERRY

PERLMAN DR

EIGHTH ST
CT
AV
W
ELCH

WOODSBRO RD

TRISTAN

NAVY DR
CI

EL DORADO ST

PINETREE
PL

PORTER-

SEVENTH ST

WEST LN
PANSY
PEAT

WILLIAM MOSS BL
STET-
POE-

NAPA RIVER

TAYLOR ST
AV

MONTEREY AV

BURG ST
ETNA
CALIF.

ROMA LN

ZEALLY LN
CI

TURNPIKE RD
E ST

EIGHTH ST
AV

ABBEY CT

CHAPEL LN
COLE-
CHASE
PARK

WEBER AV

FILBERT ST

FIVE FORKS

CLARANE AV
PL
LAGO
SAND-

HOWE AV
CRITT-
COT-

KNOLLWOOD
LN
PARK

LLOYD THAYER

LUCE AV

LINDSAY ST

MYRAN AV

OAKCREEK

SHARKON LN

PORT RD G

WEBSTER AV
T. CT

ARGONAUT ST
WILL-

ROSEMARIE LN

GOLD RUN

BEELER ST

TWIN BRIDGES

AIRPORT WY

HIAWATHA AV
CI
AV
YUBA
LAGUNA

SANSIMEONEWY
MONACO
PLEA-

DIAMOND ST

RIVERBROOK DR
GOYA

NINTH ST
RIVER-
ST

KLINGER

CHANNEL ST
SAN

13.MARITIME CT

HARPERS
REPORT
SUMMIT

MCGUIRE
CI
CHURCH

PLEASANT
JOHN
NAOMI
CREEK
C

MARCH LN
CI
RIGHT

CROMWELL AV

FLORENCE ST
STONE
WAR-
CORAL

CROWN PEAK
CT
AV

MIDDLEFIELD AV
CI
SEWARD
NUGGET
CI
JO
NATHEN
ST

TOM LN

KIMIYO ST
FAIR
CREEK

CALIFORNIA ST
PERRY
BISHOP

CALHOUN
SAND

LORRAINE
AV
AMST-

6.ANNANDALE DR

ENTERPRISE
JANELL
CI
OWAY

PILGRIM ST

WOOD LN
SWAL-

TIAMO WY

KAYASSO
SIG-

MYRTLE ST

SUTRO AV
3 4
CT
TOP
CREEK

HAWAII AV
BANNER

ROSECRANS WY

KENTFIELD
CI

DR BER-

NINTH ST

CHANNEL
AV

MALLARD
ST

KNOLES WY
GAMBEL

BAYONNE

ALTURAS AV
HOLM
AN
RD

SACCHETTI
ALCIRA
DAYTON

BIEGHLE

VIRGINIA RD
RIVER

NEVADA ST
PEA-
VANS
ST
SAR-
S.C.CT

MONITORN
DR
VALLEY

PRINCETON

MARIPOSA
VIEW
EEDEN
VOLNEY
CRO
O
KED
ST

RHODE ISLAND AV
1 PEAKE

LAKESHORE CT
MADERA

VISALIA

HEINZ ST
P. OAKS CT

LINCOLN ST

MCCLOUD AV
ROMANO
DUVALL
GENTRY

TRINIDAD

CHITWOOD
STONE-

HUNTER ST

BAKER ST

YORKSHIRE DR
AMELIA

LINDA SUE DR

HILL WY
LETT
FED-
WY
ARTA

BELLEVIEW ST
MAKA
FAL-

ALEXANDRIA
PL
WY

KAYBRIDGES PL
MUEL-

RILEYFORD
CI

NAVY DR

BERKELEY
SERE-

GLORIA DR
LATIGO
ALAN
BRECK-
W
ILD
GRAPE
DR
FAUTT
DON AV
DEL

CALARIVADR

BUENA VISTA AV

CONCORDMAPLE ST
SILVER
W
Y

ORCHARD

4.PARKVALE CT
BERRY
RAZO

LORRAINE

BOS T ON AV
SONOMA
CANAL

CORNELL CT

NOBLE ST
CT

ALTURAS AV
LN
CT

PACIFIC AV
GLOVE
BOO LN

MICHAEL AV
CI

MARINE AV
ST
PL
BELM
ONT
PL

BANBURY
GIBSON
TERY

BUCKLEY CO VEW
Y

PERSHING
STO
UT
UEROA
HOLLOW
VEN-
CT
CT
AV
GOLD-

VIOLA AV
DE

BEDFORD RD

GRIFFIN
PT
4 RED OAK LN

ALPINE AV
AV
DR
M
ONET
DR

PISSARRO DR
PHELPS
CT

EMPIRE ST

CHEROKEE RD

GABRIEL
PORT RD 8
PL
RAN-
DOVER-
CI
DOR

MCALLEN RD

JASMINE
RICH-

JOHN TURK RD (PVT)

BN&SF RR
CI
CI
CI

GROVE ST
EUCLID
RATDE-

BRIDGEWATER
GRACE-
HILLS

BATTLEMENT

HOLT ST

HARRISON ST
WID-

BURNHAM
11TH

RIVERBROOK
DR

MAYWOOD
CT

GARFIELD ST
DRY
CREEK
W
Y

FIFTH ST
ALPINE

CRAFTON

BAKER ST
AV
OA K

ERICKSON CI
DR
CI

BELVEDERE AV
OAK

LIDO CI
PLATO

EL DORADO ST
VERT

FRED RUSSO DR
SHADY

SECOND ST

SUTTER ST

BEN HOLT DR

HAMMER LN

MARCH LN

ELDORAD
O
ST

HARDING WY FREMONT ST

DR MLK JR BL

AIRPORT WY

PACIFIC AV

PERSHING AV

MAIN ST

EL DORADO ST

WATERLOO RD
W
ILSON
WY

ALPINE AV

CHARTER WY
µ
0 0.55 1.1 1.65 2.20.275
Miles
LEGEND
Project Limit
City Limits
IN
OUT
Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
§¨5
§¨
5 4Ã4
4Ã4
4Ã4
9Ã99
4Ã4
439
No. Street Name Begin Location End Location Council District 1 Benjamin Holt Dr El Dorado St Hemet Ave 2
2 Henry Long Blvd McCuen Ave Carolyn Weston Blvd 6
3 N Lincoln St W Magnolia St Acacia St 5
4 Mendocino Ave Kensington Wy Dwight Wy 4
5 Oxford Cir Regent S St Regent S St 4
Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003 Street List

Page 1 of 1 ends

ATTACHMENT B
440
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE 16-26,

APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM F ISCAL YEAR 2025-26 SB1 - MILL AND OVERLAY , PROJECT NO.

WD26003

On May 21, 2026 , the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003; and

The project will apply a mill and overlay treatment to approximately 1.19 centerline miles of residential and collector roadways Citywide. The project includes removing and replacing pavement striping and legends, installation of A merican with Disabilities Act curb ramps, and the application of mill and overlay; and

Spektren Engineering, Inc. is the lowest responsive bidder in the amount of $1,098,350.78 and its bid is regular in all respects; and

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. NOE16-26 under the CEQA for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay , Project No. WD26003, 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 Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

3. The City Council awards a Construction Contract between the City of Stockton and Spektren Engineering, Inc., in the amount of $1,098,350.78, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
//
441

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

PASSED, APPROVED, and ADOPTED August 18, 2026 .

________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

_______________________________

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

442
EXHIBIT 1
443
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _________ ____, by and between SPEKTREN ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 645 RUCKER AVE, GILROY , CA 95020 , h ereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025 -26 SB1 – MILL AND OVERLAY (PROJECT NO. WD26003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _____________ __; and
WHEREAS, the contract
for said work was regularly awarded to CONTRACTOR,
by Council Resolution No. __________________, on __ ___________.

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

CONTRACTOR agre
es:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,098,350.78, or as otherwise mutually agreed to in a Contract Change Order.

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

EXHIBIT 2

Page 1 of 59 ends

444
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

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

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

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

The CIT
Y reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

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

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

Page 2 of 59 ends

445
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

6. WO
RKING DAYS. This work shall be diligently prosecuted to completion before the expiration o f 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($ 4,200.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

EXHIBIT 2

Page 3 of 59 ends

446
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

EXHIBIT 2

Page 4 of 59 ends

447
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRI

MINATION AND HARASSMENT POLICY
The Ci
ty of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduc t prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR

STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bid
der shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAIL

ING WAGE
CON
TRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The C
ONTRACTOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage EXHIBIT 2

Page 5 of 59 ends

448
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The C
ONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CO
NTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCA

L EMPLOYMENT ORDINANCE
Purs
uant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured EXHIBIT 2

Page 6 of 59 ends

449
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)
by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

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

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

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

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

EXHIBIT 2

Page 7 of 59 ends

450
Local Construction Contract – SPEKTREN ENGINEERING, INC. PROJECT NO. WD26003 (Updated 10/18/23)

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

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

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

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

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

EXHIBIT 2

Page 8 of 59 ends

451
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:

MARIA A. ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:-------------

DEPUTY CITY ATTORNEY
By: ____________ _

JOHNNY FORD

CITY MANAGER
By:� l/G.

SPEKTREN ENGINEERING, INC.
°'0\-50C\<&7\C1
Local Construction Contract- SPEKTREN ENGINEERING, INC. PROJECT NO. W026003 (Updated 10118123)

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452
LOCAL STRE:ET RESURFACING PROGRAM F=ISCAL YIEAR 2025-,�6 SB1 - MILL AND OVERLAY PROJECT NC�. WD26003D
B I D D I N G__ S_Q.Ji.�_0 U...LJ;
Each bidder ishall bid on each itern, including all alternate bid(s). Failure, to bid on im item shall be just cause for considering the bid as non .. n:,sponsive. Line item costs should include all Contractor's overhead and prc»fit and indirect costs. Bids not preisented on City forms shall be cause for considering the bid ,as non,-responslve.

The basis of contract award will be the lower bidder for the Base Bid. It Is thEt City's sole discretion to add, or not add, the Alternative Bld(s) to the Base Bild contract. �-�.$1.��- � .,,,.,_ -ttt--� l!<)jri,�ll!Mlli- -- _,.

Item Description Unit Quantity Unit price Total Price
�lldtltl�� ... -
1 Mobilization LS 1 $25,200.00 $25,200.00
2 Traffic Control LS 1 $25,700.00 $25,700.00
3 Water Pollution Control LS 1, $4,000.00 $4,000.00
..
4 Adjust Maintenance Hole EA 33 $957.66 $31,602.78
5 Adjust Water Valve Cover EA 8 $1,000.00 $8,000.00
I
�
6 Adjust Centerline Survey Monument
Cover EA 7 $1,200.00 $8,400.00
-
7 Install Residential Driveway Per SF: 100 $25.00 $2,500.00 Stockton DWG R�S8
---
8 Install Curb Ramp Per Stockton DWG R- EA 64 14 $6,000.00 $84,000.00 9 Install White Thermoplastic (Arrows, SF 600 $14.00 $8,400.00 Crosswalks, and All PavemEmt Legends)
10 Install Yellow Thermoplastic (Arrows, SF 900 $14.00 $12,600.00 Crosswalks, and All PavemEmt Legends)
11 Install Striping Detail 2 LF :1.,300 $3.50 $4,550.00 12 Install Striping Detail 22 LF 3,900 $7.00 $27,300.00 Bid Forms

EXHIBIT A
EXHIBIT 2

Page 10 of 59 ends

453
-
Item Description Unit Quantity Unit price Total Price
13 Install Striping Detail 38 LF 300 $8.00
$2,400.00
14 Install Striping Detail 39/39A LF 4,800 $3.75 $18,000.00 15 Cold Planing-(3.0-lnch) SY 27,000 $5.00 $135,000.00
16 Pavement Repair-(up to G�lnch) SY 200 $55.00 $11,000.00 17 Hot Mix Asphalt (Type A) TON 4,600 $98.88 $454,848.00 18 Concrete Sidewalk Removal and $16.00 $16,000.00
Replacement SF 1,000
19 Curb and Gutter Removal and $65.00 $13,000.00
Replacement LF 200
20 Speed Hump Removal and Replacement EA 5 $5,650.00 $28,250.00 21 Install Traffic Detector Loops EA 8 $1,200.00 $9,6000

I BID ALTERNATE
I Item Description Unit Quantity Unit price Total Price I 22 Traffic Control LS l. $15,000.00 $15,000.00
23 Water Pollution Control LS 1 $3,000.00 $3,000.00
24 Cold Planing-(3.0-lnch) SY 4,000 $9.00 $36,000.00
25 Hot Mix As phalt (Type A) TON 600 $190.00 $114,000.00 --
BASE BID $930,350.78 --------�--------
BIDDER'S NAME Spektren Engneerlng___ __;_ _ ___;; ________ _ Bid Forms

Page 11 of 59 ends

EXHIBIT 2
454

LIST OF SUBCONTRACTORS
GEN ERAL CONTRACTOR: Spektren Engineering------''------------------------- PROJECT: LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - MILL AND OVERLAY PROJECT NO. WD26003D

Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE
DEPT. OF

BUSINESS LICENSE NUMBER INDUSTRIAL

NAME/ADDRESS & LICENSE RELATIONS

CLASSIFICATION REGISTRATION
NUMBER
Chriso Comoanv 374_6-00.LAL C1 3. C32 1000000306
Pavement Recycling Systems 569352, A, C12 1000003363
USA Trucking . 1000406207
Sierra Geotech . 1000064288
Mike O'Dell SuNeys . 1000045470
Pacific Northwest Oil 705296, Class A 1000377635
Bear Electric Solutions 982079, Class A, C10 1000002158 /J J d

BIDDER SIGN
_u��--__.,._/i_._. G.-1_• ----� HEHE

V(SIGNATRE OF BIDDER)
Bid Forms

TYPE OF WORK AMOUNT
Striping $42,610.00
Milling $4,750.00 daily
Trucking $118 hourly rate
Compaction Testing $106 hourly rate
Surveying & Monument $6,300 + hourly rate Preservation
Tack Oil Application $275 hourly rate
Traffic Detector Loops $8000

Page 12 of 59 ends

EXHIBIT 2
455
REV 2025-06-04
Exhibit B:

Insurance Requirements for Construction Contracts
(WD26003D)
Contra
ctor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOP

E AND LIMIT OF INSURANCE
Covera
ge shall be at least as broad as:

1. Comme
rcial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Autom
obile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

4. Cont
ractors Pollution Liability applicable to the work being performed, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Surety
Bonds as described below.

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

Self -Insured Retentions

EXHIBIT B
EXHIBIT 2

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456
REV 2025-06-04
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

Other In
surance Provisions
The ins
urance policies are to contain, or be endorsed to contain, the following provisions:

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

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

EXHIBIT B
EXHIBIT 2

Page 14 of 59 ends

457
REV 2025-06-04

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

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

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

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

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

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

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

EXHIBIT B
EXHIBIT 2

Page 15 of 59 ends

458
REV 2025-06-04
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid
Bond

2. Perf
ormance Bond

EXHIBIT B
EXHIBIT 2

Page 16 of 59 ends

459
REV 2025-06-04

3. Payment Bond

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

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

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

EXHIBIT B
EXHIBIT 2

Page 17 of 59 ends

460
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date:
5/1/2015
EXHIBIT 2

D. All City employees and non-employees share a responsibility to assist in

Page 18 of 59 ends

461
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
EXHIBIT 2

EXHIBIT C
Page No. 2 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Wor1<place) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

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

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

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

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

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

Page 19 of 59 ends

462
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 3 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

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

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

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

Page 20 of 59 ends

463
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
I
EXHIBIT 2

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

Page 21 of 59 ends

464
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 5 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below}
EXHIBIT 2

EXHIBIT C
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1198 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

Page 22 of 59 ends

465
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. H R-15
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
5/1/2015
Page No. 6 of 14
Revised From:
7/27/09
4/6/09
3/1/2010
(see below)
EXHIBIT 2

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

Page 23 of 59 ends

City Council and Concurrent AuthoritiesAugust 18, 2026

City Council and Concurrent Authorities
August 18, 2026