State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23) CO
NSTRUCTION CONTRACT
T
his contract is made and entered into on _____________, by and between FBD VANGUARD CONSTRUCTION, INC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 550 GREENVILLE ROAD, LIVERMORE, CA 94550, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W
I T N E S S E T H:
W
HEREAS, plans and specifications for the construction of GREATER DOWNTOWN BIKE AND PEDESTRIAN CONNECTIVITY, PROJECT NO. WT22051 / STATE PROJECT NO. ATPSB1L -5008(200), hereinafter called “PROJECT,” were regularly adopt ed b y Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SC
OPE 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 a nd made a part of this contract by this reference to the same extent as if fully set forth.
2. CO
MPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,705,804, or as otherwise mutually agreed to in a Contract Change Order.
3. I
NSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, 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 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the Contractor’s policy shall be “primary and non- contributory” and will not seek contribution from the City of Stockton’s insurance or self - insurance and shall be at least as broad as CG 20 01 04 13.
The limits of insurance required in this A greement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or A greement) 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 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 of Stockton.
The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain co mpleted operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
Contractor agrees to include with all S ubcontractors in their subcontract the same requirements and provisions of this A greement 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 of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub- subcontractor. A copy of the City of Stockton Contract
EXHIBIT 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
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. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. 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 CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($5,200) per day for each and every calendar days delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, 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 CITY decides to increase the said number of days, CITY shall
EXHIBIT 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
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 working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of 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
A. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohi bited by this
EXHIBIT 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS AND PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
D. PREVAILING WAGE
CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing 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 (see Exhibit D). As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in good readable condition for the duration of the work.
(ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by
EXHIBIT 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
any Subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
(iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.
F. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT F).
G. SANCTIONS
Deliverables must conform with all applicable federal, state, and local
EXHIBIT 1
State-Aid Construction Contract – FBD Vanguard Construction, Inc. – Greater Downtown Bike and Pedestrian Connectivity, Project No. WT22051 / State Project No. ATPSB1L-5008(200) (Updated 10/18/23)
laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented 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 deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, 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.
EXHIBIT 1
Letter of Clarification No. 2 - June 5, 2026
GREATER DOWNTOWN BIKE AND PEDESTRIAN CONNECTIVITY
PROJECT NO. WT22051 / STATE PROJECT NO. ATPSB1L-5008(200)
BI DDI NG SCHEDU LE
Each bidder shall 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
considering the bid as non-responsive.
If the City awards the contract, the award is made to the lowest responsible bidder.
Item Description Unit Quantity Unit price Total Price
1 MOBILIZATION 1 LS \SC.0�'0 \'oD,DOO
2 TRAFFIC CONTROL 1 LS \'0'2. °''°'-' \02. C\\ol-\
INSTALL CLASS II BUFFERED BIKE
LANE SIGNING AND STRIPING FOR
3 LINCOLN ST (WEBER AVE TO 1 LS \b�1coo \O";.\ , coo FRENCH CAMP TURNPIKE), COMPLETE PER PLAN.
INSTALL CLASS II BUFFERED BIKE
LANE SIGNING AND STRIPING FOR
4 LINCOLN ST (HARDING WAY TO 1 LS "':\\ '()C)l) l\,ooo FREMONT ST), COMPLETE PER PLAN.
INSTALL CLASS Ill SHARED BIKE
5 ROUTE SIGNING AND STRIPING 1 LS L°':\ •DOD FOR ROSE ST, COMPLETE PER 2':\-,oDO PLAN.
-
INS"f-ALl.:-GLAS-S II-BIKE -LANE-AND
- -
6 CLASS Ill SHARED BIKE ROUTE 1 LS \ 1-\ /.::l\)tl SIGNING AND STRIPING FOR \2\ ,oco AURORA ST, COMPLETE PER PLAN.
INSTALL WHITE HIGH VISIBILITY
7 CROSSWALK STRIPING PER 25 EA �DD \-:\:, Soo STOCKTON STANDARD PLAN R- 114, COMPLETE PER PLAN.
INSTALL YELLOW HIGH VISIBILITY
8 CROSSWALK STRIPING PER 8 EA 1-Qa s, (oQQSTOCKTON STANDARD PLAN -W R-114 COMPLETE PER PLAN.
INSTALL SOLAR RECTANGULAR
9 RAPID FLASHING BEACON (RRFB) 8 EA 31-\ ,oco 2. � 2 '() t)\) CROSSING SYSTEM COMPLETE PER PLANS.
INSTALL DETECTABLE WARNING
10 SURFACE (TRUNCATED DOMES) 19 EA '6'60 \(o ,�1-0 ON EXISTING CURB RAMP Bid Forms Page 5 of 16 Last Revised 10/18/23
EXHIBIT A
EXHIBIT 1
Item
11 12
13 14
15 16
17 18
19 Bid Forms
Letter of Clarification No. 2 - June 5, 2026
Description Unit Quantity Unit price
GRIND AND OVERLAY AC 47 TON �'-\t) PAVEMENT (2" DEPTH, HMA Type A) MINOR CONCRETE - SIDEWALK 620 SF Sa AND BASE
MINOR CONCRETE - CURB & 280 LF \ C)D GUTTER AND BASE
MINOR CONCRETE - CURB RAMP & 30 EA \�''\SC) BASE
APPLY SLURRY SEAL TYPE II WITH 560 ELT L\ �'-\ 2.5% LATEX ADJUST WATER & GAS VALVE CAN 6 EA �,(:)DO & COVERS TO GRADE
FURNISH AND INSTALL
PEDESTRIAN-RATED GRATES AT 9 EA \ 1 <eao EXISTING INLETS
INSTALL TRAFFIC SIGNAL
MODIFICATIONS AT INTERSECTION 1 LS 2'-\ ,-z.oo OF LINCOLN
ST AND ANDERSON
STREET, COMPLETE PER PLAN.
INSTALL TRAFFIC SIGNAL
MODIFICATIONS AT INTERSECTION 1 LS OF LINCOLN ST AND MLK, \\, loco COMPLETE PER PLAN.
TOTAL BID 1\ \ \-=\- t)S I 'oDL\
Total Price
'?S\, t.\�D
3\,ooo
2.'6 10Dt:l
L\.t>� I Seo
2.L\ 3. Dt.\ �
\� coo
\lo,'2..oo
ZL\ ,"2..DO
\ \ \ <ooo
BIDDER'S NAME FBD Vanguard Construction Inc.
EXHIBIT A
EXHIBIT 1
Insuranc
e Requirements for Construction Contracts (All)
(Project No. WT22051 – Greater Downtown Bike and Pedestrian Connectivity) Contract
or 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 s
hall 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.
General Liability policies procured by Licensee shall be amended to delete all railroad exclusions including exclusions for working on or within fifty feet (50') of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing (CG 24 17 endorsement or equivalent).
2. Automobil
e 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. Prof
essional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.
5. Contra
ctors 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.
6. Suret
y Bonds as described below.
If the c
ontractor 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
EXHIBIT B
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EXHIBIT 1
proceeds
in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by 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
EXHIBIT B
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EXHIBIT 1
endorsem
ents limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Does Not Apply to Commercial General Liability) If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance 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.
EXHIBIT B
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EXHIBIT 1
Acceptab
ility of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the City of Stockton.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors. This provision applies regardless of whether or not an endorsement has been issued.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
EXHIBIT B
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EXHIBIT 1
Suret
y Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
501 W Weber Avenue
Building 1, 4th Floor
Stockton, CA 95203
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REV 2026-03-31
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Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
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"General Decision Number: CA20260018 05/18/2026
State: California
Construction Types: Building, Heavy and Highway
Counties: California Counties of
Alameda, Calaveras, Contra Costa,
Fresno, Kings, Madera, Mariposa, Merced,
Monterey, San Benito, San Francisco, San
Joaquin, San Mateo, Santa Clara, Santa
Cruz, Stanislaus and Tuolumne
Building Construction Projects
Dredging Projects-Includes Dredging Projects (does not include hopper dredge work) Heavy Construction Projects (excludes water well drilling) Highway Construction Projects
Modification Number
4 5
ASBE0016-004 05/01/2025
Publication Date
01/30/2026
05/18/2026
Rates
ASBESTOS REMOVAL WORKER/HAZARDOUS MATERIAL HANDLER:
INCLUDES PREPARATION, WETTING, STRIPPING, REMOVAL,
SCRAPPING, VACUUMING, BAGGING AND DISPOSING OF ALL
INSULATION MATERIALS FROM MECHANICAL SYSTEMS,
WHETHER THEY CONTAIN ASBESTOS OR NOT (AREA 2) ....... $ 44.73 ASBE0016-008 01/01/2024
Rates
ASBESTOS WORKERS/INSULATOR: INCLUDES THE
APPLICATION OF ALL INSULATING MATERIALS, PROTECTIVE
COVERINGS, COATINGS, AND FINISHES TO ALL TYPES OF
MECHANICAL SYSTEMS (AREA 2) ......................... $ 64.56 ASBESTOS WORKERS/INSULATOR: INCLUDES THE
APPLICATION OF ALL INSULATING MATERIALS, PROTECTIVE
COVERINGS, COATINGS, AND FINISHES TO ALL TYPES OF
MECHANICAL SYSTEMS (AREA 1) ......................... $ 84.76 BOIL0549-001 01/01/2021
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BOILERMAKER: (AREA 2) .............................. $ 45.60 BOILERMAKER: (AREA 1) .............................. $ 49.62 BRCA0003-001 08/01/2024
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MARBLE FINISHER ..................................... $ 42.06 BRCA0003-003 08/01/2024
Fringes
12.75 Fringes
25.07 25.07
Fringes
38.99 41.27
Fringes
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MARBLE MASON ........................................ $ 61. 72 BRCA0003-005 05/01/2024
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BRICKLAYER (8) ALAMEDA, CONTRA COSTA, SAN BENITO,
SANTA CLARA) ........................................ $ 56.94 BRICKLAYER (16) MONTEREY, SANTA CRUZ ................ $ 54.18 BRICKLAYER ( 9) CALAVERAS, SAN JOAQUIN, STANISLAUS,
TOULUMNE ............................................ $ 52.76 BRICKLAYER ( 7) SAN FRANCISCO, SAN MATEO ............ $ 57.02 BRICKLAYER ( 1) FRESNO, KINGS, MADERA, MARIPOSA,
MERCED .............................................. $ 51.17 BRCA0003-008 07/01/2024
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TERRAZZO WORKER/SETTER .............................. $ 60.58 TERRAZZO FINISHER ................................... $ 44. 93 BRCA0003-011 04/01/2024
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TILE LAYER AREA 3 ................................... $ 50.28 TILE LAYER AREA 2 ................................... $ 55.17 TILE LAYER AREA 1. .................................. $ 59.92 TILE FINISHER AREA 3 ................................ $ 32.68 TILE FINISHER AREA 2 ................................ $ 34. 76 TILE FINISHER AREA 1 ................................ $ 37.75 CARP0022-001 07/01/2023
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CARPENTERS: MILLWRIGHT (SAN FRANCISCO COUNTY) ....... $ 60.49 CARPENTERS: JOURNEYMAN CARPENTER (SAN FRANCISCO
COUNTY) ............................................. $ 60. 39 CARPENTERS: HARDWOOD FLOORLAYER, SHINGLER, POWER
SAW OPERATOR, STEEL SCAFFOLD & STEEL SHORING
ERECTOR, SAW FILER (SAN FRANCISCO COUNTY) ........... $ 60.54 CARPENTERS: BRIDGE BUILDER/HIGHWAY CARPENTER (SAN
FRANCISCO COUNTY) ................................... $ 60. 39 CARP0034-001 07/01/2021
DIVER: MANIFOLD OPERATOR (STANDBY) DEPTH PAY
(SURFACE DIVING): 050 TO 100 FT $2.00 PER
FOOT 101 TO 150 FT $3.00 PER FOOT 151 TO
220 FT $4.00 PER FOOT 221 FT.-DEEPER $5.00
PER FOOT SATURATION DIVING: THE STANDBY RATE
SHALL APPLY UNTIL SATURATION STARTS. THE
SATURATION DIVING RATE APPLIES WHEN DIVERS ARE
UNDER PRESSURE CONTINUOUSLY UNTIL WORK TASK AND
DECOMPRESSION ARE COMPLETE. THE DIVER RATE SHALL BE
PAID FOR ALL SATURATION HOURS. DIVING IN
ENCLOSURES: WHERE IT IS NECESSARY FOR DIVERS TO
ENTER PIPES OR TUNNELS, OR OTHER ENCLOSURES WHERE
THERE IS NO VERTICAL ASCENT, THE FOLLOWING PREMIUM
SHALL BE PAID: DISTANCE TRAVELED FROM ENTRANCE 26
FEET TO 300 FEET: $1.00 PER FOOT. WHEN IT IS
NECESSARY FOR A DIVER TO ENTER ANY PIPE, TUNNEL OR
OTHER ENCLOSURE LESS THAN 48"" IN HEIGHT, THE
PREMIUM WILL BE $1.00 PER FOOT. WORK IN
COMBINATION OF CLASSIFICATIONS: EMPLOYEES WORKING
Rates
Fringes
30.31 Fringes
26.28 27.82
25.01 28.50
25.80 Fringes
29.79 20.98
Fringes
22.05 22.52
22.62 18.32
19.22 19.28
Fringes
35.11 33.52
33.52 33.52
Fringes
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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
Duri
ng the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
• Titl
e VI of the Civ il Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improv ement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civ il Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Attachment A
COMMUNITY WORKFORCE AND TRAINING
AGREEMENT
FOR THE CITY OF STOCKTON
INTRQDUCTIQN/FINDINC.S
The purpose of this Agreement is to promote efficiency of construction operations performed for and within the City of Stockton and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects subject to this Agreement, and to support the efforts of the City to increase employment opportunities for workers who reside in Stockton, to help increase training and employment opportunities for the City's students in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools.
WHEREAS, the City adopts a five-year Capital Improvement Plan that identifies the public projects necessary to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City unde1takes and anticipates undertaking many of the projects identified in tl1e current and proposed Capital Improvement Plan and other City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has determined that applying the same Agreement to the Capital Improvement Plan and other public works construction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of various skills will be required in the perfonnance of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ("the Council") and employed by contractors and subcontractors who are signatory to agreements with said labor organizations; and WHEREAS, it is recognized that projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disrnption is substantial without an overriding commitment to maintain continuity of work; and 3238-0l?jj 1
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Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.
18.5,3 For any Project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements of this Article shall apply in lieu of the requirements of Stockton Municipal Code Section 3,68,095 and no separate compliance with Section 3 ,68.095 will be required of the Contractors/Employers working on the Project.
ARTICLE
X!XIEBM
19. J This Agreement shall become effective 30 days after the day the City Council takes action to authorize its execution, and it shall continue in full force and effect for a period of three (3) yearn, at which time this Agreement may be considered for extension or renew!ll, The.terms of this Agreement shall applyto any Project that isbid or soUcited afl\lr the effective date and before the expiration of this Agreement. The Agreement shall continue to apply to any Project subject to this Agreement until the completion of all Covered Work on the Project,
CITY OF STOCKTON
Name: KURT 0, WILSON
Title: CITY MANAGER
:� Title: tlIIP.I\NliY fi{2 Sl'll'I 'J'O/'l�VJI\} el'C. /
DANIEL CARDOZO
I
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Attachment A
Addendum A
CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT
AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:
(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT.
(3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR; ( 4) Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT. (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor ( of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.
( 6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).
Date:. _________ _
Name of Contractor
(Name of Contractor Representative)
(Authorized Officer & Title)
CSLB # or Motor Carrier Permit
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FBD Vanguard Construction, Inc.
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