City Council and Authorities Concurrent
May 10, 2022

Contract Number: 10050-B
B. GENERAL REQUIREMENTS

1. All work peif ormed shall meet the latest revision of all applicable federal, state, and local regulations, laws, and codes.

2. All work schedules must be approved in writing by the Stadium Manager prior to commencement of work.

3. Unless otherwise specified, Contractor shall guarantee the labor and materials used are within the specified guidelines and recommendations of the manufacturer.

4. Materials furnished shall be new and shall be of commercial quality material. Used, reconditioned, or discontinued models and materials are not acceptable. The warranty period for contractor provided materials shall be for a period of 1 year, or within the manufacture warranty, whichever is longer. Such warranty shall commence upon the date of acceptance of Contractor's work by the Stadium Manager.

5. The Stadium Manager reserves the right to supply all or part of the materials or equipment on any project/repair.

6. Contractor shall be responsible for the replacement of failed/defective equipment, and parts installed by Contractor that are under warranty. Such cost, if any, shall be incurred by Contractor. Contractor shall assume all liability for such defects.

7. Follow up work required to correct recent repair/improper repair, or substandard parts shall be at no charge to the Stadium Manager.

8. Contractor shall coordinate site access and Hot Work with Forty Niners Stadium Management Company Engineering Department prior to commencement of work.

9. Contractor shall complete a service tag/log after completion of work. Such tag or log must contain the following information:
a. Date of Service
b. Name of Technician(s)
c. Description of Service(s)

10. Contractor shall notify Stadium Manager when a recall is issued for any equipment or component serviced, installed, or repaired by Contractor. Notification by Contractor shall include the reasons for the recall, procedures for replacement, and the disposition of the recalled equipment.

11. Contractor is responsible for compliance with all building code requirements.

Independent of, or in addition, to any other legal requirements, the Stadium Manager may inspect and test Contractor's work to determine if it conforms to the California Building Standards Code and local regulations, if applicable. The Stadium Manager will not accept Contractor's work unless it meets all applicable building code

Contract Number: 10050-B
requirements .

12. The use of the safety equipment includes but is not limited to hard hats, eye protection, safety vests, hearing protection, fall protection, and safety boots as required by the California Occupational Safety and Health Administration.

13. Contractor is required to provide personal protective equipment (PPE) to perform the work and follow the Public Health Orders issued by the Santa Clara County Health Department related to Novel Coronavirus (COVID-19). The Public Health Order updates can be accessed online at https://www .sccgov .org/sites/covid 19/Pages/public­ health-orders. aspx

14. Contractor shall maintain all necessary licenses to perform the work specified herein.

15. Contactor shall be in compliance with applicable prevailing wage laws and the California Labor Code.

16. Contractor shall provide protection for all existing building components beneath and around the work. Any damage to existing building components caused by contractor shall be immediately repaired or replaced at contractor's sole expense in a manner acceptable to and approved by Stadium Manager.

17. In all active work areas, contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area.

This not only includes areas surrounding the work, but also includes areas below the work. Levi's Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active work areas and preventing the exposure of others to grinding, sanding, scraping, paint drips, overspray or any other material generated within the work area, both around and below.

18. Contractor will have a designated representative to oversee Contractor's technicians assigned to perform the work specified herein. Contractor representative shall be responsible for providing all required documents, including, but not limited to, reports, invoices, as-built drawings and all other project contract documents to the Stadium Manager.

19. Contractor shall assign a primary/secondary technician(s) as the main contact for the Stadium Manager during the term of the contract. If different representatives are designated during the term of the Contract, notice of any changes (including, but not limited to, name, address, e-mail, and telephone number) shall be promptly served in writing.

20. Contractor must obtain written authorization prior to commencement of work. The Stadium Manager will provide Contractor written approval by issuing a Notice to Proceed.

Contract Number: 10050-B

21. The Contractor shall perform the following to ensure a clean, safe work site:
a. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.
b. After completing coating application, clean spattered surfaces. Remove spattered coatings by washing, scraping, or other methods. Do not scratch or damage adjacent finished or unfinished surfaces. Do not allow coatings to drip, spatter onto or otherwise stain adjacent surfaces. c. Protect work of other trades against damage from coating operation. Correct damage by cleaning, repairing, replacing, and recoating, as approved by Stadium Manager, and leave in an undamaged condition.
d. Protect all adjacent surfaces as required by field conditions.

C. REGULATIONSANDSTANDARDS
All material and work shall be in accordance with the rules and requirements of the United States Department of Labor Occupational Safety and Health Administration ("OSHA"); National Electrical Code ("NEC"); National Fire Codes published by the National Fire Protection Association ("NFPA"); California Administrative Codes ("CAC"); Uniform Building Code ("UBC"); Uniform Plumbing Code ("UPC'); and other applicable federal, state, and local laws and/or regulations. These specifications shall not be construed to permit work not conforming to these requirements. The regulations shall govern where they require higher standards or conflict with the specifications. Published rulings and interpretations of the enforcing agencies shall be considered a part of these specifications. All regulations and standards shall be the latest publication unless governing authorities require otherwise. In addition, all of Contractor's work shall be in accordance with the best practices available in the industry, and shall present a neat, workmanlike appearance upon completion.

Contract Number: 10050-B
EXHIBIT "B"

PLANS AND SPECIFICATIONS
Plans and Specifications shall be provided and made a part of each individual Task Order.

EXHIBIT "C"

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Contract Number: 10050-8
Within ten (1 0) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit "F" to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor's bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Contract Number: 10050-B
EXHIBIT "D"

CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

BEAR ELECTRICAL SOLUTIONS, INC.

By: ~
Signature
~~T :fy~.UNG.\DN
Name (Print)
Title (Print)

Contract Number: 10050-B
EXHIBIT "E"

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public­ Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor: 'Be~(( tl~\c._1-;;:\_ <;:olu11DN~, \Ne..

DIR Registration Number: \ 000002 \ S' <g
DIR Registration Expiration: lo \ '30' '20 ~ '"')..

Small Project Exemption: __ Yes or _$_ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

NameofCon ~IC.Ac\_ .S:cl,uTjpNS ! \ .Jc...

Signature ____ ;.__ _______ __________ _
Name and Title Th&IT fGvNG\0"1 · \J lCx P~--s.1D~tJJ
Dated. _ _ ':5-1\.....-3 ....... \~~a..........aa'l-....... \ ___________ _ 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemptioa"

Contract Number: 10050-B
EXHIBIT "F"

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

Executed in Duplicate

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Contract Number: 10050-B
Bond No. 0798224
Premium: $9,328.00
THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as "Stadium Manager"} has awarded to Bear Electrical Solutions, ln9{hereinafter referred to as the "Contractor") a California corporation, an agreement for Levi's Stadium On-Call Electrical (hereinafter referred to as the "Project").

Maintenance and Repair Contract
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 5, 2021 , {hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

Now THEREFORE Bear Electrical Solutions, Inc. d . d C t t d , , we, ______ ......, me un ersIgne on rac or an Harco National Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of seven Hundred Fifty Thousand and 0011 oo DOLLARS, ($750,000.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties, as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337 .15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager's option:

Bond No. 0798224
Contract Number: 10050-B
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of April 2021 ).
(Corporate Seal) Bear Electrical Solutions, Inc.

Bond No. 0798224
Contract Number: 10050-B
Harco National Insurance Company
(Corporate Seal) Surety
By~
Yvonne Ron gttolo-Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title _A_t_to_rn_e ..... y_-i_n-_F_ac_t ________ _ The rate of premium on this bond is $12.44 per thousand. The total amount of premium charges, $_9'""',3_2_8_.o_o __________ _
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Harco National Insurance Company 2999 Oak Rd., #820
Walnut Creek, CA 94597
Vivian Imperial (Name and Address of Agent or
Representative for service of
process in California, if different
from above)
818 West Seventh, Suite 930, Los Angeles, CA 90017
Surety: (925) 256-8760
(Telephone number of Surety and Agent for Service: (213) 627-8252 Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML 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 Santa Clara )
On 05/03/2021 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
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.

NESSA HERNA~DEZ
otary Public • California z
Santa Clara County S::

Commission# 2350852 -
Comm. Expires Mar 10, 2025
Place Nota,y 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.

WITNESS my and official seal.

Signature o
---------------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: ___________ _ Signer's Name: ___________ _ □ Corporate Officer - Trtle(s): ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual D Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other. ______________ _ □ Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~¾-y,,.~'<X,~g,~~~'®~~'"¼,,.~·•f<>!.l.<M}~'@.'@..'iQ<,'§<.'!,rot ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOT ARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
~ ~lRIJll8flll(tfJ80000000810l!lllffl~DD1181EHOJOOUHIOIB{ ~~ 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 ca_r_,to_r_n_ia ____________ }·
County of Contra Costa
On before me, ______ C_h_ri_s_tin_a_ B_u_rt_o_n .... , N_ o_ta_ry.__P_u_b_lic ____ __, Date Here Insert Name and Title of the Officer
personally appeared Yvonne Roncagliolo ------------------------------------------------------------------------------ Name(s) of Signer(s)
------------------------------------------------------------- -------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s1 whose name~ is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in nts/her/lheif authorized capacity~. and that by his/her/#teir signatur~on the instrument the person'8)', or the entity upon behalf of which the person~ acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.
c_~ Signature _ ______ ____ ____ _
Signature of Notary Public

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: ___ _ Sigher(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Yvonne Roncagliolo
o Corporate Officer - Title(s): ______ _
□ Partner - o Limited D General
D Individual DO Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:

Signer Is Representing: ________ _
Sign ' Name :
□ Corpora fficer - Title(s}: ______ _
□ Partner - D · ed o General
□ Individual
□ Trustee
□ Other:

Signer is Representing: ------ ---':=....::::---
~~~~~~Ml~B:l--~:aol~:offl_,~~OOtlffll:~~OIOIE~illOC{!~~ ©2018 Natrona! Notary Association

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0798224
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolllng Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE GARCIA, CHRISTINA BURTON, ALICIA DASS, PETER TAM, KELLY HOLTEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, JOAN DELUCA, SARA RIDGE, PATRICK R. DIESEL, YVONNE RONCAGLIOLO San Francisco, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-In-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-In-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019

ST ATE OF NEW JERSEY
County of Essex
Kenneth Chapman

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2019 , before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 28, 2021 AOD467
Irene Martins, Assistant Secretary
Executed in Duplicate

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond No. 0798224
Premium: Included in Performance Bond
Contract Number: 10050-B
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the "Stadium Man~~er"), by action taken or a resolution passed May 5 , 201.L_has awarded to '§~f~tf:c!~~~\i°c.1 hereinafter designated as the "Principal," a contract for the work described as follows:
_L_ev_i_'s_s_ta_d_iu_m_o_n_-c_a_n_E_le_c_tr_ic_a_l _M_a_in_te_n_a_nc_e_a_n_d_R_e_p_a_ir_c_o_nt_r_ac_t __ (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated May 5, 2021 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and Harco National Insurance Company as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of Seven Hundred Fifty Thousand and 0011 o, _______ Dollars ($750,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or

Bond No. 0798224
Contract Number: 10050-B
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of April , 20 21.
(Corporate Seal)
(Corporate Seal)
By _____________ ____ _
~~ ~UNLlON
Title \J\tt ~\be "11:

Harco National Insurance Company
Surety
By ~
Yvonne RoncagToio.Attom ey-in-Fact
Title Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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 Santa Clara }
On 05/03/2021 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
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.

SANDRA VAl'{ESSA HERNANDEZ
Notary Public • California z
Santa Clar a County !
Commission # 2350852
y Comm. Expires Mar 10, 2025
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.

WITNESS my h"'nc11...!:1n
---------------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: ___________ _ Signer's Name: ___________ _ □ Corporate Officer - Trtle(s): ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ____________ _ □ Other: ______________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~'§l(.rn~~-g~~g.w,g:<,-'@;..~~
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOT ARY {1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
fflill~OOll[l181(lll8tlltl1811:lllOIORQ:l[lll):(lll@l!ll~)lf}IIJl8:ffl)llfflOOllf.JOtJOJ81Elef ~IOOl:llllllll8$~00@ 00l(IIOOIOOl6l~ 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 ___ C_o_n_t_ra_ C_o_s_ta ______ _
before me, _____ _ C_h_ri_s_tin_a_ B_u_rt_o_n-, _N_o_ta_ry_P_u_b_li_c _ ___ _, Dote Here Insert Nome and Title of the Officer
Yvonne Roncag liolo ------- -------- ------------------ ------- ----------------- -------------personally appeared ---------------------- --------- Nome(s) of Signer(s)
--------------------------------------------------------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person'8j' whose name~ is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in his/her/thew authorized capacity~ . and that by ttts/her/#tetr signature~on the instrument the person(8r, or the entity upon behalf of which the persc,n(a) acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the fore going
paragraph is true and correct.

WITNESS my hand and official seal.

CB-tivfi-Signature _ _________ ___ __ _
Signature of Notary Public

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Description of Attached Document
Title or Type of Document: ______________________ _ ___ _ Document Date : ___________ _________ Numberof Pages: ___ _ Sigher(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Yvonne Ronca gliolo
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual r.gJ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other :

Signer is Representing: ________ _
~~ .
©2018 National Notary Association
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Signer Is Representing: ------........: ""-c:-

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0798224
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal off1ees located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE GARCIA, CHRISTINA BURTON, ALICIA DASS, PETER TAM, KELLY HOLTEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, JOAN DELUCA, SARA RIDGE, PATRICK R. DIEBEL, YVONNE RONCAGLIOLO San Francisco, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary o1 the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-In-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019

STATE OF NEW JERSEY
County of Essex
Kenneth Chapman

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company and International Fidellty Insurance Company
On this 31st day of December, 2019 , before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 28, 2021 A00467
Irene Martins, Assistant Secretary
Contract Number: 10050-B
EXHIBIT "G"

RATE SCHEDULE
Billable Labor Rates Straight Daily Saturday Sunday &
Time/Weekday Holiday
A Journey Level:
1 COMM & System Installer $120.00 $148.00 $148.00 $176.00 2 COMM & System Tech $128.00 $161.00 $160.00 $195.00
3 Inside Wireman, Technician $182.00 $230.00 $230.00 $275.00 4 Cable Splicer $195.00 $250.00 $250.00 $305.00
5 Material Handler $101.00 $125.00 $125.00 $145.00
6 Material Handler - Fourth Six Months $94.00 $115.00 $115.00 $135.00 7 Material Handler - Third Six Months $90.00 $107.00 $107.00 $125.00 8 Material Handler- Second Six Months $85.00 $100.00 $100.00 $115.00 9 Material Handler- First Six Months $63.00 $77.00 $77.00 $91.00 B Apprentice Level:
1 Electrician, Inside Wireman - 5th period $136.00 $197.00 $197.00 $197.00 2 Electrician, Inside Wireman - 6th period $142.00 $207.00 $207.00 $207.00 3 Electrician, Inside Wireman - 7th period $148.00 $218.00 $218.00 $218.00 4 Electrician, Inside Wireman - 8th period $155.00 $229.00 $229.00 $229.00 5 Electrician, Inside Wireman - 9th period $160.00 $240.00 $240.00 $240.00 6 Electrician, Inside Wireman -10th period $167.00 $250.00 $250.00 $250.00 C Materials & Consumables Mark-Up from Actual Cost to Contractor is 10% D Equipment Rentals Mark-Up from Actual Cost to Contractor is 10%

Contract Number: 10050-B

1. Materials and Consumables·
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are "minor" materials actually "consumed" during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor's "cost" (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Proposer paid for said materials.
c. If Stadium Manager issues an "emergency" task order, then this requirement may be waived if Stadium Manager so authorizes.

2. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor's actual invoice cost for that equipment, plus an agreed upon mark-up percentage. b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor's overall Overhead and Profit mark-up, which is a component of the Contractor's billable hourly rates described above.

3. Permit Fees
a. All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

Contract Number: 10050-B
EXHIBIT "H"

SAMPLE TASK ORDER FORM
FORTY NINER$ STADIUM MANAGEMENT COMPANY LLC

TASK ORDER
Task Order No. --~
Contract: Levi's Stadium On-Call Electrical Maintenance and Repair Services Contractor: BEAR ELECTRICAL SOLUTIONS, INC.

The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:

List any attachments: [INSERT ATTACHMENTS, IF A Y]
Dollar Amount of Task Order: Not to exceed $ .00 - ~~-
Liquidated Damages for this Task Order: $XXX per day.

Completion Date: 20 ----~
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.

FORTY NINERS STADIUM

MANAGEMENTCOMPANYLLC
Dated: ----------
By: -----------

BEAR ELECTRICAL SOLUTIONS,
INC.

Dated : ----------
By: -----------

ATTACHMENT G

LABOR COMPLIANCE ADDENDUM
Contract Title: Levi's Stadium On-Call Electrical Maintenance and Repair Services CONTRACTOR (Supplier) ~'e. t\.EC-'W-lc_~ Soltrt"\bt,J<,,., lr,lc..

Name and Address \'). S2 ~ 5,t"- P, D. Bo}.... C\':l~
AlvL~O C,_7\ Clsno'l.

This Contract is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.

Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to Stadium Manager, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term "certified payroll" shall include all required documentation to comply

Attachment G
Labor Compliance Addendum
with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Stadium Manager or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to Stadium Manager, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a}].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the Stadium Manager for any fines assessed by the California Department of Industrial Relations against the Stadium Manager for such violation, including all staff costs and attorney's fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Contract to verify compliance with this Addendum shall be made available for audit at no cost to Stadium Manager, at any time during regular business hours, upon written request. Copies of such records or documents shall be provided to Stadium Manager for audit at Levi's Stadium when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Contract.

C. Enforcement

Attachment G
Labor Compliance Addendum

1. Stadium Manager shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance . In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Stadium Manager may continue to hold sufficient funds to cover estimated wages and penalties under the Contract.

2. The Stadium Manager is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that Stadium Manager can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the Stadium Manager despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Contract or a waiver of the right to withhold payment for any subsequent breach of this Contract.

Stadium Manager, the Santa Clara Stadium Authority, or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Stadium Manager
Name: Jim Mercurio
Title: EVP, Stadium Operations and General Manager
[email protected]
Contractor (Supplier)
Name:~~\ ,I\SJ!'(UCt\1
Title: ~\(x" ~\tf,-j\
Email:~~@ 'BeA,~-~\E~\CA\., U
1-, ~ Date .) :,,;1( Signatu,e

Attachment G
Labor Compliance Addendum
83666.00002\34306245.1

AMENDMENT NO. 1

TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC

AND

BEAR ELECTRICAL SOLUTION, INC.

1. Parties and Date.

This Amendment No. 1 to the Levi’s Stadium On -Call Electrical Maintenance and Repair Contract is made and entered into as of this Eighth day of September, 2021, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) and Bear Electrical Solutions, Inc., a California corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor. T he Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.

2.2 Amendment Purpose . T he Stadium Manager and Contractor desire to amend the Agreement to increase the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.7.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.7.1 of the Agreement is hereby amended in its entirety to read as follows:

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated he rein by reference. The maximum compensation for Work to be provided pursuant DocuSign Envelope ID: 11960411-4646-4F50-A9A6-0D12DF5DB8C9 83666.00002\34306245.1

to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contract, in the aggregate, shall not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the Contract term and Two Hundred Fifty Thousand Dollars ($250,000) for each subsequent contract year without written approval of the Stadium Manager. The term for subsequent fis cal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

DocuSign Envelope ID: 11960411-4646-4F50-A9A6-0D12DF5DB8C9 83666.00002\34306245.1

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEVI’S STADIUM ON-CALL

ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTION, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY, LLC

Approved By:

Jim Mercurio
Executive Vice President & General
Manager

Date

BEAR ELECTRICAL SOLUTION, INC.

Signature

Name

Title

Date

DocuSign Envelope ID: 11960411-4646-4F50-A9A6-0D12DF5DB8C9 Vice President
Robert Asuncion
9/8/2021
9/8/2021
83666.00002\34306245.1

AMENDMENT NO. 2

TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC

AND

BEAR ELECTRICAL SOLUTION, INC.

1. Parties and Date.

T h i s A m e n d m e n t N o . 2 t o t h e L e v i ’ s S t a d i um On-Call Electrical Maintenance and Repair Contract is made and entered into as of th is [***INSERT DAY***] day of April, 2022, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) and Bear Electrical Solutions, Inc., a California corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 (“Contr actor”). Stadium Manager an d Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2 . 1 C o n t r a c t o r . T h e S t a d i u m M a n a g e r a n d Contractor have entered into an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.

2 . 2 A m e n d m e n t P u r p o s e . T h e S t a d i u m M a n ager and Contractor desire to amend the Agreement to increase the not-to-exceed compensation amount.

2 . 3 A m e n d m e n t A u t h o r i t y . T h i s A m e n d m e n t No. 2 is authorized pursuant to Section 3.7.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.7.1 of the Agreemen t is hereby amended in its entirety to read as follows:

3.7.1 Amount of Compensation. As cons ideration for performance of the Work required herein, C ontractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant 83666.00002\34306245.1

to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contract, in the aggregate, shall not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the C ontract term, Six Hundred Seventy Thousand Dollars ($670,000) for the second year of the Contract term, and Two Hundred Fifty Thousand Dollars ($250,000) for each subsequent contract year without written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicab le fiscal year that includes the amounts due under this Contract.

3 . 2 C o n t i n u i n g E f f e c t o f A g r e e m e n t . E x c e pt as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1 and this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulat e and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

83666.00002\34306245.1

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO LEVI’S STADIUM ON-CALL

ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTION, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY, LLC

Approved By:

Jim Mercurio
Executive Vice President &
General Manager

Date

BEAR ELECTRICAL SOLUTION, INC.

Signature

Name

Title

Date

Andrew Bader
CFO

04.05.2022
1 FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

CONSTRUCTION CONTRACT

BNY MELLON EAST AND WEST CLUB ENGINEERED WOOD REFINISHING PROJECT

1. P ARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the Forty Niners Stadium Management Company LLC , a Delaware limited liability company ( “Stadium Manager”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“ Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. R ECITALS.

2.1 Stadium Manager. S tadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Stadium Manager on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing refinishing of engineered wood flooring surfaces related construction services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. The following license classifications are required for this Project: C-15 or General B.

2.3 Project. St adium Manager desires to engage Contractor to render such services for the BNY Mellon East and West Club Engineered Wood Refinishing Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . C ontractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.

3. T ERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Pl
ans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Procurement and Contract Process Integrity and Conflict of Interest Guidelines (Exhibit “G”)
- -
2 • Levi’s Stadium Jobsite Rules (Exhibit “H”)
• Addenda
• Change Orders executed by the Stadium Manager
• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit ”C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager .

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/”Or
Equal ”. Pursuant to Public Contract Code Section
3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, proc
ess or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than seven (7) calendar days prior to the bid submission deadline set forth in the Notice Inviting Bids as it may be amended. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected or submitted untimely, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. 3 The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions and/or Services/Schedule exhibits attached hereto (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within sixty (60) Calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Stadium Manager. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Stadium Manager will suffer damage.

3.3.2 Force Majeure. Neither Stadium
Manager nor Contractor shall be
considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of thi s Contract.

Contractor’s exclusive remedy in the event of delay covered under this Section shall be a non - compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pur
suant to Government Code Section 53069.85,
Contractor shall pay to the Stadium Manager as fixed and liquidated damages the sum of one hundred dollars ($100) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
4 3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of
Subordinates; Contractual Relationship. Stadium
Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 Stadium Manager’s Ba sic Obligation. Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Stadium Manager agrees to pay Contractor the Total Contract Price of _________________ Dollars ($ _________.00) (“Total Contract Price ”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Stadium Manager.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Stadium Manager will arrange for payment of the Total Contract Price upon completion and approval by Stadium Manager of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Stadium Manager will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Stadium Manager an itemized application for payment in the format supplied by the Stadium Manager indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence -
5 which is required by this Contract and such other documentation as the Stadium Manager may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Stadium Manager and in such detail and form as the Stadium Manager shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment .

Stadium Manager shall review and pay all progress
payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions.

From each approved progress estimate, five percent
(5%) will be deducted and retained by the Stadium Manager, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Deduc tions and Withholdings. In addition to Contract retentions, the Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; and (11) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract ” shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager. 6 3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager at the time of payment. To the extent that title has not previously been vested in the Stadium Manager by reason of payments, full title shall pass to the Stadium Manager at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items.

Such transfer of title shall not imply acceptance by the Stadium Manager, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and
Material Releases. Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

3.7.9 Prevailing Wages.

Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an appli cable “public works ” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work.

Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, 7 straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, suc h penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pur
suant to Labor Code
Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certificati on attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Proof of Compliance. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Proof of such compliance may include proof of Contractor and subcontractor registration with the Department of Industrial Relations, California certified payroll form A -131, statements of non -performance for work not undertaken at any point during the Project, DAS 140/142 forms for all apprenticeable crafts or trades, proper fringe benefits statements, and any other such documents that may be required under this Section 3.7. At any time during or subsequent to the full per formance of the services under this Agreement, Stadium Manager and/or the Santa Clara Stadium Authority may require Contractor to produce complete and adequate compliance records, subject to Stadium Manager and/or the Santa Clara Stadium Authority’s satisfaction, prior to release of payment.

3.7.15 Labor C om pliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, inclu ding any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay 8 subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of W ork; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges A ssociated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified 9 Parties for any alleged violations. In addition, Stadium Manager may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy.

Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager ’s attorney’s fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety.

Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. Stadium Manager shall further comply with all requirements specified in the Stadium Manager’s Procurement and Contract Process Integrity and Conflict of Interest Guidelines, which are attached hereto as Exhibit “G” and incorporated herein by this reference. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager , Contractor shall be solely responsible for all costs arising therefrom. Stadium Manager is subject 10 to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be r
esponsible for securing
Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Stadium Manager permits, Contractor shall pay the Stadium Manager’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work.

If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of:
(1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work.

Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality.

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to 11 include any item of equipment with a fuel- powered engine. Contractor shall indemnify the Indemnified Parties (defined below) against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work.

When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager . Once th e Work is acceptable to Stadium Manager, Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims.

For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in acc ordance with the terms of this Contract has been denied by the Stadium Manager, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Stadium Manager. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract .

Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or a fter any other event giving rise to the Claim. The Claim shall be submitted in writing to the Stadium Manager and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM. ” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, 12 and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all cl a ims in the following format:

3.10.3.1 Sum mary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code Section 12650 et seq.

3.10.4 Stadium Manager’s Response. Upo n
receipt of a claim pursuant to this
Section, Stadium Manager shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the Stadium Manager issues its written statement.

3.10.4.1 If S
tadium Manager needs approval from its governing body
to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Stadium Manager shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires 13 to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, Stadium Manager may request in writing additional documentation supporting the claim or relating to defenses or claims Stadium Manager may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Stadium Manager and the Contractor.

3.10.4.3 Stadium Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer .

If the Contractor disputes Stadium Manager’s written
response, or Stadium Manager fails to respond within the time prescribed, the Contractor may so notify Stadium Manager, in writing, either within 15 days of receipt of Stadium Manager ’s response or within 15 days of Stadium Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Stadium Manager shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Stadium Manager shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after Stadium Manager issues its written statement. Any disputed portion of the claim, as identified by t he Contractor in writing, shall be submitted to nonbinding mediation, with Stadium Manager and the Contractor sharing the associated costs equally. Stadium Manager and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this Section, mediat ion includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.10.6.3 Unless otherwise agreed to by Stadium Manager and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is 14 earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. I f following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions.

The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Wi thin 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims.

In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the Stadium Manager .

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor.

If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Stadium Manager. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
15 3.10.10 Non-Waiver. Stadium Manager’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. Stadium Manager’s failure to respond shall not waive Stadium Manager’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, Forty Niners SC Stadium Company LLC, Forty Niners Football Company LLC, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi’s Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s Stadium, and each of them (collectively, the “Indemnified Parties”), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties’ agents, servants, or independent contractors who are directly responsible to the Indemnified Parties , or for defects in design furnished by those persons.

3.12.2 A
dditional Indemnity Obligations . Contractor shall defend, with counsel of Stadium Manager’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this Section that may be brought or instituted against the Indemnified Parties. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Indemnified Parties for the cost of any settlement paid by the Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Indemnified Parties' attorney's fees and costs, including expert witness fees. Contractor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties.
16 3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Mini mum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Mini
mum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Mini mum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State o f California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 I nsurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager , its officials, employees, agents and authorized 17 volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Aut omobile Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Wor
kers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Stadium Manager , its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Co v erages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.4 Separat ion of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deduct ibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Stadium Manager , its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acc eptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Veri fication of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this 18 Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Stadium Manager . All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 S ubcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager , its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

3.13.9 Report
ing of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager . If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer 19 will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager , regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents t hat it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
20 3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager’s Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“Stadium Manager’s Representative” ). Stadium Manager ’s Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager (“′Contractor’s Representative”).

Following approval by the Stadium Manager, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Stadium Manager’s written approval.

3.17.3 Termination.

This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contrac tor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.

In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager’s Representative, whose decision shall be binding upon Contractor.
21 3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Stadium Manager all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Stadium Manager tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addres sed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]

STADIUM MANAGER:

Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
Attn: [***INSERT STADIUM MANAGER REP. NAME AND
TITLE***]

Wi
th copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054

Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence .

Time is of the essenc e in the performance of this
Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No T
hird Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 22 3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17.11 Counter parts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Su cce ssors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 Levi’ s Stadium Jobsite Rules. Contractor and its subcontractors of every tier and their officers, employees, workers, consultants, volunteers, agents shall comply with the Levi’s Stadium Jobsite Rules attached hereto as Exhibit “H” and incorporated herein by this reference. Failure to comply with the Levi’s Stadium Jobsite Rules may lead to dismissal of any violating parties from the Project site. Contractor shall be solely responsible for any time and cost impacts arising out of any failure to comply with the Levi’s Stadium Jobsite Rules.

3.17.14 Solic itation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Confl
ict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Agreement without liability.

For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Cert
ification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions 23 concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Aut hority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Enti re Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Wai ver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadi um Manager’s Right to Employ Other Contractors . Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND [***INSERT CONTRACTOR NAME***]

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

FORTY NINERS STADIUM [ INSERT NAME OF CONTRACTOR]

MANAGEMENT COMPANY LLC

By: B
y:
[INSERT NAME]
[INSERT TITLE] Its:

Pr
inted Name:

License No.:

25 EXHIBIT “A”

SERVICES / SCHEDULE
BNY Mellon East Club and BNY Mellon West Club
Engineered Wood Refinishing Project

PURPOSE
This Project refinishes the engineered hardwood flooring surfaces in the Levi’s Stadium BNY Mellon East Club and BNY Mellon West Club.

SCOPE OF WORK

1. The existing engineered hardwood floors in both the BNY Mellon East Club and BNY Mellon West Club at Levi’s Stadium are Nydree White Oak, Fumed, 4” engineered floor with a 3/8” thickness and an approximate 0.100” (2.5mm) thick acrylic veneer surface. The flooring has the Nydree standard Pedestrian UV-cured Urethane with Aluminum Oxide finish.

2. Prepare existing engineered hardwood flooring and apply three (3) coats of Bona Traffic HD – Satin finish per the recoating instructions from Nydree Flooring in Exhibit A-1.

3. The existing engineered wood flooring to be refinished in the BNY Mellon East Club and the BNY Mellon West Club is highlighted in Exhibit A-2. The approximate square footage in the East Club is 11,100 s.f. and the West Club is 3,900 s.f.

4. The Contractor shall provide all materials, equipment, tools, labor, supervision and project management necessary to complete the Project. Contactor is responsible for obtaining all permits and approvals from authorities having jurisdiction necessary to complete the Project.

GENERAL REQUIREMENTS

1. The Contractor must have a minimum of 2-years’ experience in refinishing engineered wood flooring and 5-years’ experience in hardwood flooring refinishing.

2. Contractor shall provide protection for all existing building components in the work area. Any damage to existing building components caused by Contractor shall be immediately repaired or replaced at Contractor’s sole expense in a manner acceptable to and approved by Stadium Manager.

3. In all active work areas, Contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area. Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active work areas.

4. Cleaning and Protection
a. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. Secure, locate and position all unused materials and equipment to the satisfaction of Stadium Manager.
b. Protect all adjacent surfaces as required by field conditions.

MATERIALS

1. The materials required for the Project are per the recoating instructions from Nydree Flooring, including applying three (3) coats of Bona Traffic HD – Satin topcoat as the

26 topcoat, or approved equal.

INSTALLATION

1. The Contractor is responsible for all work and materials requirements per the manufacturer requirements. Contractor shall provide all tools, labor, materials, and accessories necessary to complete the work per the manufacturer requirements.

2. The Project site is Levi’s Stadium, which is located at the following address:

Levi’s Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054

SCHEDULE

1. Delivery and installation of materials is required within the Contract Time specified in the Contract Documents. Contractor shall coordinate with Stadium Manager to schedule delivery, site access, and installation of materials.

27 Exhibit A-1
Nydree Prep and Recoat Procedure

28 All Nydree Engineered Floori ng Produc ts
Pedestrian 2.0 UV-Cured Finish
Bona• Prep• & Recoat Adhesion System
Pedest rian 2.0 Recoating and Preventative Sealing
Worn or Lightly Scratch ed Fini.sh (The Ped estr ian 2.0 finish is not worn through to th e wood) In this case it is not necess ary to rem ove the factoty -a pplied Pedes trian 2.0 coating to refinish a Nyd ree Floorin g in stallation. The Bona Prep & Recoat Sys tem has been tested and approved for use on all Nydre-e Flooring finished with Pedestrian 2.0 UV-Cured Finish . Sona's Prep & Recoa t System is designed to blend out su:rfac e SCJ'.ltches (light SCJ'.ltches in .he existing finish only) and scuffs. c over and renew m ost traffic pa:tem s and provide a beautiful. j ust-finished appearance. Outlined below is the general Bona Prep & Recoat procedure.
llewly Installed llyd ree Floor ing
When N)'dt e-e Flooring is used in an environm ent where there is po:emial for spiJls and freq uen; spot cleaning (restauran.s / bars / food service areas) it is recom me-nded that the floori:ns be completely sealed.

The Sona Prep & Recoa t Adhesion System Cl.fl be us ed on new ly installed Nydree flooring to seal all of the plank edges. Follow the instruc tions below. but skip step # 1 for newly installed flooring. If ia important to note that. on newly int;talled flooring the SB 1587 in:;talfaticn adh.e:.ive muat cure for at /.eaat 48 hour.:: pdor to uc inq the Bona Prep & Recoa f Syptem.

Damaged Finis h (Spots of th e Pedestrian 2.0 finish are co mplet ely worn away or heavy scratch-,es/gou ges) See Complete Pedestrian 2.0/0 ld Finish Removal and R ecoating Proced ure under Maintenance Instructions on the Nyd.ree Floorin g website.

BONA PREP RECOATING PROCEDURE - F OLLOW M A NU FA CTURER'S IN STRUCTION S IMPORTANT INFORMATION - 00 NOT USE .he Sona Prep Recoa ting Syst em over Pedestrian 2 .0 finish that has been waxed, polished, oiled or has been maintained with a commercial ooating.

1. Test for paste wax. acrylic floor polishes and acryl ic wax.

2. Sweep and vacuu m the floor .horo ughly to rem O'\le MY loose dirt and grit.

3. The floor must be cleM ed and li9ht1y abraded to ensure that the new coatine will ad here. 4 . U se Bona Prep as a spray buff solution with a s tanda rd low speed ( 175-250 rpm) buffer and ,3 Bona Cond itioning Pad. Spray Sona Prep aver a larg e section of the floor (approxim ately 3· x 12') at a rate of 2,000 square feet per gaDon. For larg e areas . a s tring m op can be used to apply the Bona Pr-ep. NOTE:

Regardless of the size of area. be sure to overia;p sections ::o ensure .ha; no areas are missed .

5. Before spray buffin g the next section . R EMOVE ALL RESIDUES IMMEDIA TELY. using a Sona M icrofiber Mop dampened with Bona Prep.

6. Newty Installed Nydree Flooring Abrade the floor once it has dried using two Sona Conditioning Pads {one driving the other). Any visibly unabraded areas shou:lcl be cleaned and abraded by hM d.

Ligh tly Surface Scra;ched Flooring Abrade the floo r once it has dried using Sona Diamond 5 ... 180 grit abr~ siv e discs on the Bona M u1tidisc. Any visibly unabr3ded areas should be cleaned and abraded by hM d.

7. Tack the floor again to remove dus:; using a Bona Mop or a wrung~ut oo:iton towel or cloth dampened with Bon a Prep.

8. A IIOtW the floor to dry completely. Within 2 hrs. o·f Bona Prep dryin g. apply Bona Traff,c• or Bona Traffic H om.a. Satin m atches the original factory finish o f Nydree floo ring. but MY gloss level may be used. After the initial ooat of Bona Traff,c or Traffic H O is dry {approxim ately 2-3 hours) a second ooat must be applied. For sm oothest resu:lts, abrade with a Bona C<>nditioning Pad before applying second coat. Always vacuu m and tac k thoro ughly with a slightly water-dampen ed Bona Microfiber Mop or cloth after abrading. A third coa: of finish is recomm ended in heavy-traffic commercial areas. Twenty-fo ur hours after applying the last ooat of finish, .he floor CM be walked on, bu; rem ain s su sceptible to scuffin g or marring for a period of one week.

9. The new finish can be maintained with Nydree N atural M ulti-Surface CleM et M d Nyd ree Oust Mop Tre.atment one week after the Bona Traffic or Tra ffic HD floor finish has been applied. Rugs can also be replaced at this tim e.

Any of the Bona Syst em products can be purchased throu gh Nydree A ooring Custom er Service by calling 800.682.5698.

Bo.r...-- ~ . rramc-ana Trame HO"' are reg.'stere<J oacrem..-111'.S Cl BOl'.l,iK-emt USA., tnc.

O 2021 N)'Clree Flooring, LLC 07!21
1115 Vista ?ark Drive • Suftes C&O • Forest. VA 2455 1-0289 • 800.682.5698 • 434.525.5252 • wvtw.nydreedooring.oom 83784.00001\34639323.1

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Exhibit A-2
Project Site

BNY Mellon Club East

□ "12 WOOD DIRECT ION PER DIRECTIONS
0 ON PLAN
~i r 1
Engineered Wood Flooring
0 w F2 WOOD DIRECTION
ft
~
&
Engineered Wood Floo ring
r::
1-11""
C
,e:. ..
0 l D
83784.00001\34639323.1

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BNY Mellon Club West

0 WF? WOOD DIRECT ION
>
.:.
..,
tl
.J
Engineered Wood Flooring
. .
.. I
,., ..
'
=
..... -
-
,...
·-
= = · .
• -~~ .
3 ~
j i1,
..
83784.00001\34639323.1

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EXHIBIT “B”

PLANS AND SPECIFICATIONS
Contractor shall refer to Exhibit “A” – Services/Schedule for the Project Plans and Specifications.

83784.00001\34639323.1

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EXHIBIT “C”

SPECIAL CONDITIONS

ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract , the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. STADIUM MANAGER’S REPRESENTATIVE DESIGNEE
For purposes of this Project, the Stadium Manager’s Representative Designee shall be: Vice President, Stadium Operations and Strategic Planning
ARTICLE 3. LOCATION OF THE PROJECT
The Project is located at Levi’s Stadium, 4900 Marie P. DeBartolo Way, Santa Clara, CA ARTICLE 4. SCHEDULE CONSTRAINTS
It is anticipated that the Contractor will be unable to perform Work on the Project site at least 48 hours prior to and 24 hours after any event with a projected attendance greater than 10,000 people without prior written approval from the Stadium Manager. Specific known dates for these events at this time include the following dates:

1. January 2, 2022

2. April 23, 2022

3. July 29, 2022

Contractor is assumed to have accounted for such events during the duration of the Project as part of its bid and may not claim any time or cost impacts and will not be granted any time extensions or additional compensation as a result of these events.

Contractor shall ensure that any Work performed on the Project site is scheduled with the Stadium Manager in advance.

Stadium Manager has considered these schedule constraints when determining the Contract Time and no additional time or compensation will be added to the Contract due to these schedule constraints.

ARTICLE 5. NOISE RESTRICTIONS
Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.
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Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in this Contract, including hours of operation requirements.

No internal combustion engine shall be operated on the Project wi thout a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 6. SAFETY PROGRAMS
In addition to all other safety requirements of the Contract, Contractor must comply with Ca
l/OSHA safety requirements at all times during the performance of the Work.

Stadium Manager has considered these safety programs when determining the Contract Time and no additional time or compensation will be added to the Contract due to these safety programs.
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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

[***INSERT CONTRACTOR NAME***]

By: _________________________
S
ignature

_________________________
Name (Print)

_________________________
Title (Print)

---
83784.00001\34639323.1

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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 83784.00001\34639323.1

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as “Stadium Manager”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties , as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager ’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager’s option:
83784.00001\34639323.1

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for c ompletion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager ’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)

Contractor/ Principal
By

Title

83784.00001\34639323.1

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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of cor
porate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

83784.00001\34639323.1

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Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

83784.00001\34639323.1

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Fo rty Niners Stadium Management Company LLC (hereinafter designated as the “Stadium Manager”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Pr oject”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the C
ontract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; pr
oviding that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and ____
______________________ as Surety,
are held and firmly bound unto the Stadium Manager in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its s
ubcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 83784.00001\34639323.1

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attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)

Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”

PROCUREMENT AND CONTRACT PROCESS INTEGRITY AND CONFLICT OF

INTEREST GUIDELINES

1 PURPOSE

1.1 The purpose of these Guidelines is to ensure integrity in the Stadium Manager’s procurement and contract processes, to educate Stadium Manager employees, consultants, uncompensated outside parties and any person involved in the decision to award a contract about potential Conflicts of Interest, and to establish guidelines for procedural screening of Conflicts of Interest.

1.2 The Stadium Manager desires to provide a fair opportunity to participants in competitive processes for the award of Stadium Manager contracts by promulgating integrity and removal of Conflicts of Interest in all competitive solicitations.

2 DEFINITIONS

2.1 PURCHASING MANAGER
“Purchasing Manager” is the Stadium Manager representative designated by the Stadium Manager to be responsible for the Stadium Manager’s procurement process.

2.2 ELECTED OFFICIAL
"Elected Official" means the City of Santa Clara Mayor, Council Members, City Clerk, and Chief of Police.

2.3 COUNCIL APPOINTEES
"Council Appointees" means the City of Santa Clara City Manager, City Attorney, and City Auditor.

2.4 SOLICITATION
"Solicitation" means, but is not limited to, specification development, preparation and issuance of requests for proposals, quotes, qualifications or bids, evaluation of responses and submissions, and other evaluations which lead to an award of a Stadium Manager contract.

3 GENERAL PROVISIONS

3.1 COMMUNICATION PROTOCOL

3.1.1 Prior to Issuance of Solicitations: Prior to the issuance of Solicitations, contact between prospective respondents and Stadium Manager staff, consultants or City of Santa Clara elected officials is permissible.

3.1.2 After Issuance of Solicitations and prior to Submission deadline for Solicitations: After issuance of Solicitations, all contact between prospective respondents and the Stadium Manager with regard to the Solicitation must be directed to the procurement contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries with regard to the Solicitation to the procurement contact. All requests for clarification, objections to the structure, content, or distribution of a Solicitation, or other inquiries must be made in writing and the Stadium Manager shall answer to these clarifications, objections, and inquiries in writing via addenda to the Solicitation.

3.1.3 After Submission Deadline of Solicitations and prior to Issuance of a Notice of Intended Award: After the submission deadline of Solicitations, all contact regarding the procurement between respondents and the Stadium Manager and participants in the evaluation process, who are not Stadium Manager employees or representatives, must be directed to the procurement 83784.00001\34639323.1

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contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.4 After Issuance of a Notice of Intended Award: The Stadium Manager will issue a notice of intended award to all respondents including the basis for selection and instructions for filing a protest. All respondents shall follow the procedures for protest as indicated in the Solicitation document. During the protest period, Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.5 After Completion of Protest Period: After completion of the protest period contact between prospective respondents and Stadium Manager staff, consultants and City of Santa Clara elected officials is permissible.

4 RESPONDENT'S CODE OF CONDUCT
By submitting a response to a Stadium Manager Solicitation, respondents are individually and solely responsible for ensuring compliance with these Guidelines on behalf of the respondent's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting a response. In addition to adhering to these Guidelines, respondents may not collude, directly or indirectly among themselves in regard to the amount, terms or conditions of a Solicitation, influence any Stadium Manager staff member or evaluation team member throughout the solicitation process, including the development of specifications, submit incorrect information in the response to a Solicitation or misrepresent, or fail to disclose material facts during the evaluation process. Any evidence indicating a respondent has failed to adhere with any section of these Guidelines may result in the respondent' s disqualification from the procurement as well as possible debarment.

5 CONFIDENTIALITY DURING EVALUATION PROCESS

5.1 Stadium Manager staff, consultants, and outside evaluators who are participants in the evaluation process are required to sign a confidentiality agreement which binds the participants not to share any information about responses received and the evaluation process until the Stadium Manager issues a notice of intended award.

6 CONFLICT OF INTEREST

6.1 Elected officials, appointed officials, their staffs, and Stadium Manager employees and consultants are expected to avoid any conflicts of interest. Further, such individuals should avoid the appearance of conflicts of interest in order to ensure that Stadium Manager decisions are made in an independent and impartial manner. In general, the designated Stadium Manager procurement contact, in consultation with the Stadium Manager’s Chief Financial Officer (“CFO”) shall take measures to ensure that the Stadium Manager avoid any conflict of intere sts in procurement processes of Stadium Manager contracts. Specifically, these measures include that:

6.1.1 Persons who may not be regularly involved in Stadium Manager procurements review this Exhibit and other ethical standards and elicit such information from them to enable the Stadium Manager to determine if the person's participation would create a conflict of interest. Such persons shall include, but are not limited to:
• authors of specifications
• paid and unpaid evaluators
• paid and unpaid consultants who assist in the procurement process

6.1.2 The CFO shall discuss any potential conflict of interest identified with Stadium Manager’s legal department and document the resulting determination, and take appropriate action including, but not limited to, removal of an employee, consultant, or outside uncompensated party from the procurement activity or cancellation of a Solicitation.

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7 ALLEGATIONS OF CONFLICT OF INTEREST

7.1.1 Prior to the Solicitation release, up to award of contract, any alleg ations of conflict of interest by a Stadium Manager employee, consultant, or other participant in the pre- Solicitation and Solicitation process shall be reported to the CFO. The CFO shall investigate the alleged conflict of interest in consultation with the Stadium Manager’s legal department and document the resulting determination.

8 ALLEGATIONS OF MISCONDUCT

8.1.1 At any time during a Solicitation process, any misconduct by a Stadium Manager employee, consultant, or other participant in the pre-Solicitation and Solicitation process, shall be reported to the CFO. The CFO shall investigate the alleged misconduct, in consultation with the procurement contact, and others, as appropriate. Nothing in these guidelines is intended to prohibit anyone from communicating with the CFO or legal department about any alleged misconduct.

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EXHIBIT “H”

LEVI’S STADIUM JOBSITE RULES

The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e. glass, aluminum, cardboard, etc.).

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.

9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. NO children (under 18 years old) are allowed on site.

12. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.

13. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.

14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium 83784.00001\34639323.1

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Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:

• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor (and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.
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Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

83666.00001\33224312.4

1 FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

CONSTRUCTION CONTRACT

INSULATION CAPPING PROJECT

1. P ARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the Forty Niners Stadium Management Company LLC , a Delaware limited liability company (“ Stadium Manager ”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“ Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. R ECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Stadium Manager on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing insulation sheeting (capping) related construction services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager . The following license classifications are required for this Project: Class C-2 - Insulation and Acoustical, Class A - General Engineering, or Class B - General Building.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the Insulation Capping Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. T ERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Procurement and Contract Process Integrity and Conflict of Interest Guidelines (Exhibit “G”)
- -
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2 • Levi’s Stadium Jobsite Rules (Exhibit “H”)
• Addenda
• Change Orders executed by the Stadium Manager
• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit ”C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager .

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/”Or Equal ”. Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than seven (7) calendar days prior to the bid submission deadline set forth in the Notice Inviting Bids as it may be amended. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected or submitted untimely, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. 83666.00001\33224312.4

3 The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions and/or Services/Schedule exhibits attached hereto (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 120 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Stadium Manager. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Stadium Manager will suffer damage.

3.3.2 Force Majeure. Neither Stadium Manager nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract.

Contractor’s exclusive remedy in the event of delay covered under this Section shall be a non - compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages the sum of one hundred dollars ($100.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
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4 3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. Stadium Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 Stadium Manager’s Basic Obligation . Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Stadium Manager agrees to pay Contractor the Total Contract Price of _________________ Dollars ($ _________.00) (“Total Contract Price ”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Stadium Manager.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Stadium Manager will arrange for payment of the Total Contract Price upon completion and approval by Stadium Manager of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Stadium Manager will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Stadium Manager an itemized application for payment in the format supplied by the Stadium Manager indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence -
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5 which is required by this Contract and such other documentation as the Stadium Manager may require including, without limitation, the prevailing wage compliance documentation specified herein. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Stadium Manager and in such detail and form as the Stadium Manager shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment . Stadium Manager shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the Stadium Manager, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Deductions and Withholdings. In addition to Contract retentions, the Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; (11) the failure to comply with and timely submit all necessary prevailing wage compliance documentation as required under this Contract; and (12) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract ” shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities 83666.00001\33224312.4

6 substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager at the time of payment. To the extent that title has not previously been vested in the Stadium Manager by reason of payments, full title shall pass to the Stadium Manager at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items.

Such transfer of title shall not imply acceptance by the Stadium Manager, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works ” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Cont ractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.
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7 3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registratio n Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Proof of Compliance. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below.

3.7.14.1 Division of Apprenticeship Standards (DAS) 140 Form (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Work performed under this Contract or ten (10) days of Contract execution.

3.7.14.2 DAS 142 Form (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Work involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided following this initial submission with future applications for payment in the event those applications 83666.00001\33224312.4

8 are for Work involving an apprenticeable craft or trade classification not covered under the first application for payment.

3.7.14.3 California Apprenticeship Council (CAC) Form CAC -2; Training Fee Contributions (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code section 1777.5, as it may be amended from time to time, via submission of completed Form CAC-2 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager.

3.7.14.4 Certified Payroll Records; Statement of Compliance.

Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A -1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Work, Contractor must additionally submit a signed Statement of Non-Performance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law.

3.7.14.5 Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement (s) for the crafts and trade classifications utilized to perform the Work covered by any application for payment . All Fringe Benefit Statements must be submitted with the application for payment to which each applies.

3.7.14.6 Demand for Compliance Records. At any time during or subsequent to the full performance of the Work under this Contract and in addition to the obligations set forth above, Stadium Manager and/or the Santa Clara Stadium Authority may require Contractor to produce and or correct and re -submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Santa Clara Stadium Authority, prior to full release of payment.

3.7.14.7 Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved. Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above.

3.7.15 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless 83666.00001\33224312.4

9 from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges A ssociated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified Parties for any alleged violations. In addition, Stadium Manager may seek damages from 83666.00001\33224312.4

10 Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy.

Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager ’s attorney’s fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. Stadium Manager shall further comply with all requirements specified in the Stadium Manager’s Procurement and Contract Process Integrity and Conflict of Interest Guidelines, which are attached hereto as Exhibit “G” and incorporated herein by this reference. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager , Contractor shall be solely responsible for all costs arising therefrom. Stadium Manager may be subject to certain provisions of the Health & Safety Code, Government Code, Public Contract 83666.00001\33224312.4

11 Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Stadium Manager permits, Contractor shall pay the Stadium Manager’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of:
(1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removi ng or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work.

Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel- powered engine. Contractor shall indemnify the 83666.00001\33224312.4

12 Indemnified Parties (defined below) against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager . Once the Work is acceptable to Stadium Manager, Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the Stadium Manager, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Stadium Manager. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any proc edures contained in the Contract.

Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving ris e to the Claim. The Claim shall be submitted in writing to the Stadium Manager and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM. ” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 83666.00001\33224312.4

13 3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code Section 12650 et seq.

3.10.4 Stadium Manager’s Response. Upon receipt of a claim pursuant to this Section, Stadium Manager shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the Stadium Manager issues its written statement.

3.10.4.1 If Stadium Manager needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Stadium Manager shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
83666.00001\33224312.4

14 3.10.4.2 Within 30 days of receipt of a claim, Stadium Manager may request in writing additional documentation supporting the claim or relating to defenses or claims Stadium Manager may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Stadium Manager and the Contractor.

3.10.4.3 Stadium Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer . If the Contractor disputes Stadium Manager’s written response, or Stadium Manager fails to respond within the time prescribed, the Contractor may so notify Stadium Manager, in writing, either within 15 days of receipt of Stadium Manager ’s response or within 15 days of Stadium Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Stadium Manager shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Stadium Manager shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after Stadium Manager issues its written statement. Any disputed portion of the claim, as identified by t he Contractor in writing, shall be submitted to nonbinding mediation, with Stadium Manager and the Contractor sharing the associated costs equally. Stadium Manager and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this Section, mediat ion includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.10.6.3 Unless otherwise agreed to by Stadium Manager and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
83666.00001\33224312.4

15 3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the Stadium Manager .

Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor.

If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Stadium Manager. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. Stadium Manager’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. Stadium 83666.00001\33224312.4

16 Manager’s failure to respond shall not waive Stadium Manager’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, Forty Niners SC Stadium Company LLC, Forty Niners Football Company LLC, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi’s Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s Stadium, and each of them (collectively, the “Indemnified Parties”), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties’ agents, servants, or independent contractors who are directly responsible to the Indemnified Parties , or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of Stadium Manager’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this Section that may be brought or instituted against the Indemnified Parties. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Indemnified Parties for the cost of any settlement paid by the Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Indemnified Parties' attorney's fees and costs, including expert witness fees. Contractor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties.

3.13 Insurance.
83666.00001\33224312.4

17 3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager , its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium 83666.00001\33224312.4

18 Manager, its officials, employees, agents and authorized volunteers shall be ex cess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Stadium Manager , its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager . Exception may be made f or the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on 83666.00001\33224312.4

19 its behalf and shall be on forms supplied or approved by the Stadium Manager . All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

3.13.9 Reporting of Claims . Contractor shall report to the Stadium Manager, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager . If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager . To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such inc rease to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager. 83666.00001\33224312.4

20 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with res pect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager , regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or appl icant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal 83666.00001\33224312.4

21 law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager’s Representative. The Stadium Manager hereby designates the General Manager , or his or her designee, to act as its representative for the performance of this Contract ( “Stadium Manager ’s Representative” ). Stadium Manager ’s Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager (“′Contractor’s Representative”).

Following approval by the Stadium Manager, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Stadium Manager’s written approval.

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.

In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructi ons from Stadium Manager, the matter shall be referred to Stadium Manager’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Co ntract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Stadium 83666.00001\33224312.4

22 Manager all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Stadium Manager tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]

STADIUM MANAGER:

Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
Attn: [***INSERT STADIUM MANAGER REP. NAME AND
TITLE***]

With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054

Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 N o Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to 83666.00001\33224312.4

23 interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors . The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 Levi’s Stadium Jobsite Rules. Contractor and its subcontractors of every tier and their officers, employees, workers, consultants, volunteers, agents shall comply with the Levi’s Stadium Jobsite Rules attached hereto as Exhibit “H” and incorporated herein by this reference. Failure to comply with the Levi’s Stadium Jobsite Rules may lead to dismissal of any violating parties from the Project site. Contractor shall be solely responsible for any time and cost impacts arising out of any failure to comply with the Levi’s Stadium Jobsite Rules.

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or result ing from the award or making of this Agreement. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.
83666.00001\33224312.4

24 3.17.17 Authority to Enter C ontract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadium Manager’s Right to Employ Other Contractors . Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

83666.00001\33224312.4

25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND [***INSERT CONTRACTOR NAME***]

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

FORTY NINERS STADIUM [ INSERT NAME OF CONTRACTOR]

MANAGEMENT COMPANY LLC

By: By:
[INSERT NAME]
[INSERT TITLE] Its:

Printed Name:

License No.:

83666.00001\33224312.4

26 EXHIBIT “A”

SERVICES / SCHEDULE
Insulation Capping Project

1.1 SUMMARY

1.1.1 Contractor to furnish and install new insulation sheeting above concourse and concession areas, as described herein, at Levi’s Stadium where the existing sheeting is separating from the existing insulation. The existing insulation will remain in place, but new sheeting will be installed to improve the appearance and extend the life of the existing insulation.

1.1.2 Contractor shall furnish and install new insulation sheeting (also known as "Capping”) on approximately 61,996 SF of existing exposed Thermafiber Versa Board above the 300 level concourse. The current facing on the existing Thermafiber Versa Board is delaminating, which is causing an unsightly condition. The current Thermafiber Versa Board was installed in 3- ft x 4-ft boards with 3-4 hangers per sheet. The new facing will use existing anchors to install Capping. Contractor shall use larger sheets of Capping as to cover several 3-ft x 4-ft boards with a single Capping sheet.

1.1.3 The Contractor shall provide all tools, materials, equipment, labor, project management and supervision necessary to complete the Project, including any necessary lifts or other access equipment to access the existing Thermafiber Versa Board. Contactor is responsible for obtaining all permits and approvals from authorities having jurisdiction as may be necessary to complete the Project.

1.1.4 The diagrams attached as Exhibit “A-1” indicate the location of the Work.

1.2 PERFORMANCE REQUIREMENTS

1.2.1 Contractor shall perform the following services:

1.2.1.1 Furnish and install Capping. Capping shall be WMP-50 BLACK polypropylene scrim with metallized polyester, or equal.

1.2.1.2 Capping must comply with ASTM E84 and UL 723 requirements and be a UL classified product.

1.2.1.3 Capping must meet or exceed the specifications described in Exhibit “A-2”

1.2.2 Contractor shall provide all access equipment and lifts necessary to complete the Project. There are several areas where Capping is required that are located over the top of concessions stands and restrooms. It is the responsibility of the Contractor to evaluate and select the proper type of lift and/or other means of access necessary to install all Capping.

1.2.3 Contractor shall determine the appropriate method for installing and securing the Capping material consistent with any applicable manufacturer requirements. 83666.00001\33224312.4

27 Existing hangars can be used so long as the Contractor uses reasonable means and methods to securely install the Capping material. Contractors may consider the use of additional washers or other equivalent methods to securely install the Capping material. Renderings and details of the existing Thermafiber VersaBoard are provided in Exhibit “A-1”.

1.2.4 Contractor shall tape all seams and secure the edges of all Capping material.

Contractor shall tape around all utility penetrations and all rips, cuts or other loose edges on the Capping material. Tape shall be an adhesive tape used primarily to seal and seam Capping material. The tape shall be recommended by the manufacturer for all weather installations. The tape shall have a tensile strength of 40 lbs/in or greater. The tape shall be black and match the color of the Capping material. Installation must provide a clean and aesthetic appearance and withstand high winds and rain.

1.2.5. Contractor shall clean-up work areas each day and following completion of Work. The Project site shall be maintained in a neat and orderly condition.

1.2.6. Contractor shall provide as-built and other Project documentation upon completion of Project.

1.2.7. Alternate installation methods of the Capping will be reviewed and approved if acceptable, at the sole discretion of the Stadium Manager.

1.3 SCHEDULE AND DELIVERY

1.3.1 Delivery and installation of materials is required within the Contract Time specified in the Contract Documents. The Contractor shall coordinate with Stadium Manager to schedule delivery, site access, and installation of materials.

1.3.2 The Project site is Levi’s Stadium, which is located at the following address:

Levi’s Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054

1.4 SUBSTITUTION

1.4.1 Contractor may offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents including this Exhibit “A.” Substitution requests, if any, shall be made within the time specified and otherwise in accordance with the requirements of the Contract. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

2.1 GENERAL REQUIREMENTS

2.1.1 Contractor shall provide protection for all existing building components beneath and around the Work. Any damage to existing building components caused by Contractor shall be immediately repaired or replaced at Contractor’s sole 83666.00001\33224312.4

28 expense in a manner acceptable to and approved by Stadium Manager.

2.1.2 In all active work areas, Contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area. This not only includes areas surrounding the work, but also includes areas below the Work. Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis.

2.1.3 Cleaning and Protection

2.1.3.1 At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.

2.1.3.2 Protect all adjacent surfaces as required by field conditions.

83666.00001\33224312.4

29 Exhibit “A-1”

Building Section shown below to provide representative elevations above concourse, concession and restroom facilities.

83666.00001\33224312.4

30 Layout drawing shown below to represent area of Capping installation (shown in purple) above concourse, concession and restroom facilities.

WA!t'l'!!IXl'!e)P!'9'Vt!"( 7" R-29.4 v ersa Board 4,090 SF ,..,..,.., r.,, ,. ,,, f 1 (,, /.,' r.., f, (;;, r;, fJ J' ~ 'j£ ~ 1111 --- :-INTB 7" R-29.4 v ersa Board - Black 1; :~~ s:11 \') iJ'. © •~ Ej ~ ~ /¥ /'J 1'.;:~v L...= ~ •• -,.,·--_-!:: 5-:~• ~ I ■s· R-21 Versa Board 61,996 SFW'~' -' l \ 1 1 , , ;' 71 ~ .,,,,, -·· ____ _ 5• R-21 Versa Board at overhangs 11,809 SF • l I I ,l,,) f~, •' ,FT.~"'."..._ ...,.:- 2" Sound Zero
0 200 Black 19,91 ·'c;-:::i~~~....:;.,....,,..11~-~;,:,..ir _-,J-_-_--i-"t-+-,iormr""it:rn;rr-,[siifCT '~ (~ N-,;. ~- C<. ' · .; , , ~-., ---- -- <:iiaa
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83666.00001\33224312.4

31 Existing Photos: Images below show the existing condition of the current capping sheets delaminating from the existing insulation.

83666.00001\33224312.4

32 83666.00001\33224312.4

33 83666.00001\33224312.4

34 83666.00001\33224312.4

35 Exhibit “A-2”

www.lamtec.com
LAMTEC®

CORPORATION
WMP-50 BLACK

BLACK COATING I POLYPROPYLENE / SCRIM / CORE I METALLIZED POL VESTER Meet.s ASTM C 1136 T11n<> I n UI I V
FACING COMPOSITION DESCRIPTION VALUES (ENGllSH)
IBlack Coated F[lm Polypropyl'.ene 17.2 lbs / 3000 fl'
Adhesive Flame Resistant
Reinforcing Tri-directional 5 / inch (MD)
Fiberglass/Polyester 5 / inch (XD)
Core Proprietary 30 lbs / 3000 ft'
Adhesive Polymeric
Film Met.allized Polyester 0.0005 inch
PHYSICAL PROPERTIES TEST METHOD VALUES (ENGllSH)
Basis Weight Scale 34 lbs / 1000 ft'
Permeance (WVTR) ASTM E96 0.02 perm
Procedure A (grains/hrfl .. in Hg)
Bursting Strength ASTM D774 120 psi
Puncture Resistance ASTM C1136 125 beach units
Tensile Strength ASTM C11 36 65 lbs/inch width (MD)
60 lbs/inch width (XD)
Caliper I Thickness Micrometer 0.011 inch
Accelerated Aging 30 Days@ No Corrosion
95% RH, 120' F (49"C) No Delamination
Low Temperature Resistance ASTM D1790 Remains Flexible
-40. F (-40"C) No Delamination
High Temperature Resistance 4 hours@ Remains Flexible
240°F (116°C) No Delamination
Water Immersion 24 hours @ 73' F (23"C) No Delamination Mold Resistance
Dimensional Stability

FIRE TESTING
Flame Spread
Smoke Developed
ASTM C665 / C1338
ASTM D1204
ASTM E84 / UL 723
Polypropylene
Side
5 30
Polyester
Side
5 20
No Growth

0.25%
CAN ULC-S102M
Polypropylene
Side
5 30
Polyester
Side
5 20

VALUES (METRIC)
28g I m'
20 / 100 mm (MD)
20 / 100 mm (XD)
49 g / m•

12.7 micron

VALUES (METRIC)
166 g Im'

1.15 ng / N·s

8.4 kg /cm'

3.7 Joules
11 .4 kN / m (MD)

10.5 kN / m (XD)
279 micron
No Corrosion
No Delaminalion
Remains Flexible
No Delaminalion
Remains Flexible
No Delamination
No Delaminalion
No Growth

0.25%
Phys ica l Prope-rfies ba:sed upon :slatis1iical ave-ragm;, Weight J Thickness +J- 10% " LA'MTEC" AND "WMP" ARE REGIS TERED TRADEMARKS OF LAMTEC CORPORA TilON 5010 River Road Mount Bethel, Pennsylvan ia 18343-5610 U.S.A.

Phone: (570) 897-8200 Fax: (570) 897-6081 Web: www. lamtec.com (M/20
83666.00001\33224312.4

36 EXHIBIT “B”

PLANS AND SPECIFICATIONS
CONTRACTOR SHALL REFER TO EXHIBIT “A” – SERVICES/SCHEDULE FOR THE PROJECT PLANS AND SPECIFICATIONS.

83666.00001\33224312.4

- 37 -

EXHIBIT “C”

SPECIAL CONDITIONS

ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract , the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. STADIUM MANAGER’S REPRESENTATIVE DESIGNEE
For purposes of this Project, the Stadium Manager’s Representative Designee shall be: Vice President, Stadium Operations and Strategic Planning
ARTICLE 3. LOCATION OF THE PROJECT
The Project is located at Levi’s Stadium, 4900 Marie P. DeBartolo Way, Santa Clara, CA ARTICLE 4. SCHEDULE CONSTRAINTS
It is anticipated that the Contractor will be unable to perform Work on the Project site at least 48 hours prior to and 24 hours after any event with a projected attendance greater than 10,000 people without prior written approval from the Stadium Manager. Specific known dates for these events at this time include the following dates:

Good Friday – April 15
Memorial Day - Last Monday in May
Juneteenth – June 20
Independence Day - July 4
Labor Day - First Monday in September

Contractor is assumed to have accounted for such events during the duration of the Project as part of its bid and may not claim any time or cost impacts and will not be granted any time extensions or additional compensation as a result of these events.

Contractor shall ensure that any Work performed on the Project site is scheduled with the Stadium Manager in advance.

Stadium Manager has considered these schedule constraints when determining the Contract Time and no additional time or compensation will be added to the Contract due to these schedule constraints.

ARTICLE 5. NOISE RESTRICTIONS
83666.00001\33224312.4

- 38 -

Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in this Contract, including hours of operation requirements.

No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on t he job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 6. SAFETY PROGRAMS
In addition to all other safety requirements of the Contract, Contractor must comply with Cal/OSHA safety requirements at all times during the performance of the Work.

Stadium Manager has considered these safety programs when determining the Contract Time and no additional time or compensation will be added to the Contract due to these safety programs.
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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

[***INSERT CONTRACTOR NAME***]

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

---
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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 83666.00001\33224312.4

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as “Stadium Manager”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to thei r intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties , as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager ’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By

Title

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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

83666.00001\33224312.4

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the “Stadium Manager”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of t ime for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 83666.00001\33224312.4

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attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”

PROCUREMENT AND CONTRACT PROCESS INTEGRITY AND CONFLICT OF

INTEREST GUIDELINES

1 PURPOSE

1.1 The purpose of these Guidelines is to ensure integrity in the Stadium Manager’s procurement and contract processes, to educate Stadium Manager employees, consultants, uncompensated outside parties and any person involved in the decision to award a contract about potential Conflicts of Interest, and to establish guidelines for procedural screening of Conflicts of Interest.

1.2 The Stadium Manager desires to provide a fair opportunity to participants in competitive processes for the award of Stadium Manager contracts by promulgating integrity and removal of Conflicts of Interest in all competitive solicitations.

2 DEFINITIONS

2.1 PURCHASING MANAGER
“Purchasing Manager ” is the Stadium Manager representative designated by the Stadium Manager to be responsible for the Stadium Manager’s procurement process.

2.2 ELECTED OFFICIAL
“Elected Official” means the City of Santa Clara Mayor, Council Members, City Clerk, and Chief of Police.

2.3 COUNCIL APPOINTEES
“Council Appointees” means the City of Santa Clara City Manager, City Attorney, and City Auditor.

2.4 SOLICITATION
“Solicitation” means, but is not limited to, specification development, preparation and issuance of requests for proposals, quotes, qualifications or bids, evaluation of responses and submissions, and other evaluations which lead to an award of a Stadium Manager contract.

3 GENERAL PROVISIONS

3.1 COMMUNICATION PROTOCOL

3.1.1 Prior to Issuance of Solicitations: Prior to the issuance of Solicitations, contact betw een prospective respondents and Stadium Manager staff, consultants or City of Santa Clara elected officials is permissible.

3.1.2 After Issuance of Solicitations and prior to Submission deadline for Solicitations: After issuance of Solicitations, all contact between prospective respondents and the Stadium Manager with regard to the Solicitation must be directed to the procurement contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries with regard to the Solicitation to the procurement contact. All requests for clarification, objections to the structure, content, or distribution of a Solicitation, or other inquiries must be made in writing and the Stadium Manager shall answer to these clarifications, objections, and inquiries in writing via addenda to the Solicitation.

3.1.3 After Submission Deadline of Solicitations and prior to Issuance of a Notice of Intended Award: After the submission deadline of Solicitations, all contact regarding the procurement between respondents and the Stadium Manager and participants in the evaluation process, who are not Stadium Manager employees or representatives, must be directed to the procurement 83666.00001\33224312.4

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contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.4 After Issuance of a Notice of Intended Award: The Stadium Manager will issue a notice of intended award to all respondents including the basis for selection and instructions for filing a protest. All respondents shall follow the procedures for protest as indicated in the Solicitation document. During the protest period, Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.5 After Completion of Protest Period: After completion of the protest period contact between prospective respondents and Stadium Manager staff, consultants and City of Santa Clara elected officials is permissible.

4 RESPONDENT'S CODE OF CONDUCT
By submitting a response to a Stadium Manager Solicitation, respondents are individually and solely responsible for ensuring compliance with these Guidelines on behalf of the respondent's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting a response. In addition to adhering to these Guidelines, respondents may not collude, directly or indirectly among themselves in regard to the amount, terms or conditions of a Solicitation, influence any Stadium Manager staff member or evaluation team member throughout the solicitation process, including the development of specifications, submit incorrect information in the response to a Solicitation or misrepresent, or fail to disclose material facts during the evaluation process. Any evidence indicating a respondent has failed to adhere with any section of these Guidelines may result in the respondent's disqualification from the procurement as well as possible debarment.

5 CONFIDENTIALITY DURING EVALUATION PROCESS

5.1 Stadium Manager staff, consultants, and outside evaluators who are participants in the evaluation process are required to sign a confidentiality agreement which binds the participants not to share any information about responses received and the evaluation process until the Stadium Manager issues a notice of intended award.

6 CONFLICT OF INTEREST

6.1 Elected officials, appointed officials, their staffs, and Stadium Manager employees and consultants are expected to avoid any conflicts of interest. Further, such individuals should avoid the appearance of conflicts of interest in order to ensure that Stadium Manager decisions are made in an independent and impartial manner. In general, the designated Stadium Manager procurement contact, in consultation with the Stadium Manager’s Chief Financial Officer (“CFO”) shall take measures to ensure that the Stadium Manager avoid any conflict of interests in procurement processes of Stadium Manager contracts. Specifically, these measures include that:

6.1.1 Persons who may not be regularly involved in Stadium Manager procurements review this Exhibit and other ethical standards and elicit such information from them to enable the Stadium Manager to determine if the person's participation would create a conflict of interest. Such persons shall include, but are not limited to:
• authors of specifications
• paid and unpaid evaluators
• paid and unpaid consultants who assist in the procurement process

6.1.2 The CFO shall discuss any potential conflict of interest identified with Stadium Manager’s legal department and document the resulting determination, and take appropriate action including, but not limited to, removal of an employee, consultant, or outside uncompensated party from the procurement activity or cancellation of a Solicitation.

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7 ALLEGATIONS OF CONFLICT OF INTEREST

7.1.1 Prior to the Solicitation release, up to award of contract, any allegations of conflict of interest by a Stadium Manager employee, consultant, or other participant in the pre- Solicitation and Solicitation process shall be reported to the CFO. The CFO shall investigate the alleged conflict of interest in consultation with the Stadium Manager’s legal department and document the resulting determination.

8 ALLEGATIONS OF MISCONDUCT

8.1.1 At any time during a Solicitation process, any misconduct by a Stadium Manager employee, consultant, or other participant in the pre-Solicitation and Solicitation process, shall be reported to the CFO. The CFO shall investigate the alleged misconduct, in consultation with the procurement contact, and others, as appropriate. Nothing in these guidelines is intended to prohibit anyone from communicating with the CFO or legal department about any alleg ed misconduct.

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EXHIBIT “H”

LEVI’S STADIUM JOBSITE RULES

The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e., glass, aluminum, cardboard, etc.).

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.

9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. NO children (under 18 years old) are allowed on site.

12. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.

13. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.

14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium 83666.00001\33224312.4

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Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:

• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor (and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third-party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.
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Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

Melis sa Lee
From :

Sent:

James Rowen <[email protected] >
Tuesday, April 19, 2022 1 :21 PM
To: Mayor and Council; Manager; [email protected]; City Attorney Cc: Lisa Gillmor; Kevin Park; [email protected]; [email protected]; Jay Reed; [email protected]; Lance Williams; [email protected] Subject: Kevin Park Abstain Request
I hereby request that item SC be pulled from Consent and Council Member Park abstain on the motion.

Why?
We still have not had full disclosure of a May 17th email of last year from Jay Reed explaining to Park that he is still trying to get 49er money for Park.

Committee which is still under investigation by FPPC had been terminated.

So Reed was attempting with Park's knowledge to get 49er money Until that has been resolved, Park has no business voting on 49er issues,.

Also, Park agreed with Reed to engage Pete Constant to interfere with the contract between the city and the 49ers, a violation of the Brown Act.

Constant cannot by law be given private details regarding closed session matters. Park was trying to violate Charter Section 807 by engaging a non staff member in city manager issues.

A further CPRA 22-468 has been filed. Therefore Park is conflicted.

James Rowen

5.C Action on Request Submitted by Stadium Manage r to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair Cap Ex Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment. 1. Request from Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment 22-484

POST MEETING MATERIAL
1 Email Reveals Santa Clara Councilman Kevin Park's Political Consultant Asked 49ers for Money to Help Park- Santa Clara News Online
2 Me lissa Lee
From :

Sent :

To:

Subject:

Ms. Carolyn McAllister <[email protected] >
Tuesday, April 19, 2022 2:02 PM
Mayor and Council; Raj Chahal; [email protected]; Kathy Watanabe; [email protected]; [email protected]; [email protected] Levi Stadium Sign and Regrouping Funds
I am totally against adding any more funds to the Levi Strauss Sign repairs. If $250,000 is what has been in the contract, why would
Councilmen Becker and Park want to add an additiional $420,000? That additional funds should be in our General Fund.

If Levi Strauss wants a new stadium sign, let them pay for it.

I keep hearing the councilmembers say they are on the council to represent the community of Santa Clara and and that community seems to be the 49ers. Shame on Councilmen Becker and Park and they other members of the 49er Five if they support this recommendation.

Again if Levi Strauss wants a new sign, they certainly have the money to buy it.

The Council talks about recouping funds from different city departments . I address the Senior Center specifically. When the Senior Center
reopened in Februay 2007, the intent was to make expenses as reasonable as possible for our Senior Citizens . In today's economy,
I think we should maintain a fee structure that enables our Senior residents to participate in classes . The Senior Center represents
the only socialization many of our Seniors have available. To add additional fees is unfair and contradicts the intent of the reopening in 2007.

If the 49er Five want to throw $420,000 to their benefactors, (49ers) , there is certainly funds to maintain low cost fees for the Senior Center
and other Community Recreation facilities .

The 49er Five, Becker , Park, Hardy, Jain and Chahal have made the City of Santa Clara look like a poorly run city. Actually worse than that. No one wants to be our City Attorney or our City Manager . What a black period in the history of our beljoved city. Santa Clara used to represent integrity.and commitment to community . NO MORE! Carolyn McAllister

POST MEETING MATERIAL
Council and Authorit ies Concurrent Meeting on 2022-04 -19 4:00 PM Meeting Time: 04-19-22 16:00
eComments Report
Meet ings
Council and Authorities Concurrent
Meeting on 2022-04-19 4:00 PM
Sentiments for All Meetings
Meeting
Time
04-19-22
16:00
Agen da
Items
68 Comments Support Oppos e
105 95 6
Neutral
0 The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Support{90%)
■ Oppo so(S¾)
■ Ncutra1(0%)
No Rcsponso(3%)
Council and Authorities Concurrent Meeting on 2022-04-19 4:00 PM 04-19-22 16:00
Agenda Name Comments Support
Closed Session - 4:00 PM I Study Session - 7:30 PM I Regular Meeting - 8:30 PM

4.E 22-225 Action on an Agreement Between the Santa Clara Unified School District and the City of Santa Clara Pertaining to the Operation, Maintenance and Improvement for Public Recreational Purposes of Buildings and Open Space Areas at Cabrillo Middle School

5.C Action on Request Submitted by Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment

5.D Action on Request Submitted by the Stadium Manager to Incur Charges for the June 15-18, 2022 Event and Arena Marketing Conference in Minneapolis, MN and Travel for the May 28-29 Grupo Firme Concerts at SoFi Stadium in Inglewood, CA

8. 22-480 Action on a Response to a Written Request to Cover the Costs of City Services in Support of the Santa Clara Parade of Champions and the Cost of Facilitron Parking Fees

9. 22-531 Action on a Written Petition (Council Policy 030) Submitted by Nick Valencia Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the future of the BMX track located on city property at 5451 Lafayette Street

10. 22-532 Action on a Written Petition (Council Policy 030) Submitted by Mary Grizzle on behalf of the Members of Reclaiming our Downtown are Requesting to Place an Agenda Item at a Future Council Meeting to Discuss and Vote on the Current Downtown Urban Planning Firm WRT to Study the following 4 Financial Benefits of Moving City Hall to a Location within the 8 Blocks of the Original Downtown (Lafayette Benton Monroe Homestead):

1. The financial benefits and construction savings of moving city hall to an 8+ story mixed-use (offices) building;

2. An updated and complete analysis of the advantages of selling the acreage used by city hall on its current location on Warburton;

3. The substantial increase in private investment after a city hall has been brought back to Downtown as evidenced by several other American cities studied by Reclaiming our Downtown;

4. Financial benefit of a "completed Downtown" to the tax revenue of Santa Clara
Sentiments for All Agenda Items
2 2
94 87
0 0
2 2
4 3
Oppose Neutral
0 0
4 0
0 0
0 0
0 0
0 0
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Ag enda Item: eComments for Closed Sess ion - 4:00 PM I Study Sess ion - 7:30 PM I Regu lar Meet ing - 8:30 PM Overall Sentiment
Jo Molina
Location:
■ Support(I 00'-~)
■ Opposci0 %)
■ Ncutral(0,~)
No n c5ponsc{0•,;,)
Submitted At: 3:50pm 04-19-22
Re: Closure of the Youth Activity Center building: Where will these kids go after school? Has research been conducted to determine the ramifications to youth development, crime rates, test scores, etc when crucial facilities like the YAC goes away?
Carter Fulhorst
Location:

Submitted At: 8:21 am 04-19-22

PLEASE READ THIS OUT-LOUD
The way I see it, we are just asking you to "know what you don't know." These folks found Six American cities that have benefitted from moving their City Halls back to their Downtowns. If tonight, you pass or vote no on putting this on the next agenda, you are telling us that you don't want to know. Voting "no" on putting this on the next agenda is voting yes for ignorance on what is the best location for our future City Hall.

Agenda Item: eComments for 4.E 22-225 Act ion on an Ag reement Between the Santa Clara Unifie d Schoo l Distr ict and th e City of Santa Clara Perta ining to the Operat ion , Maintenance and Improvemen t for Publi c Recreational Purposes of Build ings and Open Space Areas at Cabr ill o M idd le Schoo l
Overall Sentiment
Support(92;C)
■ Opposc(4%)
■ Ncutrol(0%)
Gabriel Dominguez
Location:

No Rcsponso(3',~)
Submitte A : 10: 19pm 04-19-22
To this day I s · av~sS:~Jll1~Ptions with staff that I made growing up. Wonderful people and wonderful organizati , YJ.'a).:ik,,caswle model after-school program for the youth. It is both a fun and safe place for kids to learn and grow, anallt"W5\:Jld be a shame if that were to end.

Mo n csponsc!:3%)
Colin Lim
Location:

Submitted At: 9:36pm 04-19-22
Most of my fondest childhood memories were made at the YAC. I spent most summers of my childhood there, and it would be a shame for such a vital community treasure to be let go.

The YAC was one of the few places in my life where I felt I had a community I could always return to and visit and feel welcomed, and I think every child growing up in Santa Clara should have the chance to benefit from the YAC.

I still keep in touch with some of the people I met at the YAC 14 years ago. Save the YAC! Daryl Vergonio
Location:

Submitted At: 8:44pm 04-19-22
The Youth Activity Center aka YAC has been here for many years and serves the community with many programs for kids to enjoy. Most of the programs lean toward bettering today's youth. Location is key and is why many flock to these facilities. Easy access. If taken away, you are basically taking away the future of our youth. The YAC needs to stay!
Sonia Souza
Location:

Submitted At: 8:14pm 04-19-22
The community at the "YAC" is a place that parents trust and send their children knowing they are in a safe space. The YAC staff is part of my family and has been for almost 20 years. My children now attend the Youth Activity Center, and my hope is that they will be able to continue to attend "Kids Rock" and "Summer Camps". The community is dependent on the YAC and their wonderful staff! Brian Camarao
Location:

Submitted At: 7:55pm 04-19-22
Great people and location. It would be sad to see this come to an end.

Alexander Rios
Location:

Submitted At: 7:51 pm 04-19-22
My family has worked and participated in many of the programs and events the YAC/Teen Center has provided.

Much of our programs have and still create a positive impact on our youth participants and the community of Santa Clara. Many of the comments you here today will prove how the YAC has created a safe and memorable place, which has shaped our lives today. Taking our facility away is a step closer to eliminating our programs entirely.

Kirby Exciminiano
Location:

Submitted At: 6:59pm 04-19-22
Ive been going to the YAC since I moved to Santa Clara from the Philippines. I've made so many friendships throughout my time as a YAC/ Teen Center participant. I'm currently part of the Recreation Staff there and I love giving back the same love and energy as my former leaders did back then. Removing the YAC/ Teen Center is definitely a slap in the face to the children and their families and everyone who loves this place Amira Is
Location:

Submitted At: 6:55pm 04-19-22
We need miss places like this for our youth!
Mary Jane Sager
Location:

Submitted At: 6:51 pm 04-19-22
I attended the YAC programs and classes a youth in Santa Clara as did my daughters. The YAC has always been an integral part of our community for youth and adults! I am in support of keeping the YAC and it's programs! Deanne Martin
Location:

Submitted At: 6:50pm 04-19-22
We love The YAC. My kids went there every summer. Don't know what I would have done without it. Great facilities. Great staff. Great location. Easy to get to. I would hate to see Santa Clara kids miss out on this resource.

Michael Cruz
Location:

Submitted At: 6:33pm 04-19-22
I worked at & attended the YAC for 16 years. A father of 2 now, I can't emphasis how beneficial the after school program is. It impacts many families' lives daily. That doesn't include additional programs, & events, or the bonds that are created among employees. I am fortunate enough to have been impacted by the leaders of my youth, & to have been one of them. If an agreement can't be made from a city in the heart of SV to foster future generations of youth, then clearly something is wrong.

Rebecca Contreras
Location:

Submitted At: 6:30pm 04-19-22
Starting as a participant in the program to becoming a part of the staff, the YAC has molded me into the person I am today. Considering the constant changes in the world around us, it is SOOO important to provide a safe space for the youth in our community. Getting rid of the YAC would be such a disservice to our kids.

Bella Jimenez
Location:

Submitted At: 6:24pm 04-19-22
The YAC is a crucial part of the lives of many in Santa Clara.The YAC provides services for the youth including homework support, exercise opportunities, and community service events. Also, there are many opportunities for volunteering within the programs. Individuals may be leaders in training or participate in volunteering through the various events held by the YAC. Overall, it is crucial that the YAC remains available for the future generations to thrive in a safe and supportive environment.

Sara Alim
Location:

Submitted At: 6:14pm 04-19-22
The YAC is safe place for the children, please keep the program up.

Stephanie Barnes
Location:

Submitted At: 6:10pm 04-19-22
As a Santa Clara native.I've had the tremendous opportunity to have experienced the YAC and Teen Centers as a participant, and also as a part of the the Recreation staff. The influence the "YAC family" and it's programs on me has been immeasurable and has ultimately driven me towards a continued career in civil service. Now as a new parent, I've looked forward to my son also having the same opportunities and memories. A loss in these facilities would be a huge loss to our community.

Morgan Yee
Location:

Submitted At: 5:46pm 04-19-22
The YAC supports the families of our city, provides a great place for our community to come together.

JP Atchade
Location:

Submitted At: 5:38pm 04-19-22
The YAC supports families. This is especially true for the families with busy parents who work around the clock to provide for their young ones. The YAC provides active support for our youth. Turning our back on the YAC is turning our back on the future. Support the YAC.

Kenneth Gan
Location:

Submitted At: 5:36pm 04-19-22
The YAC and it's staff are an integral pillar of the community. As a Santa Clara resident, former LIT, and former recreation leader, I know first hand about the impact of YAC on the community. The programs and services provided to the residents by the YAC, Teen Center, and skate park are vital to the development of the city's youth.

It provides a opportunity for young kids to learn and grow in a safe and stable environment. Working for the YAC and Teen Center shaped me into the person I am today
Johnny Carmack
Location:

Submitted At: 5:19pm 04-19-22
The YAC, and its staff, were instrumental and foundational in my upbringing. Starting as a 3y in YAC programs to being a 22Y employee. For almost 20 years, the YAC has been a second home for me. The programs and people of the YAC helped instill the positive and healthy values I have Today. The YAC is more than a building, its a family. No matter who you are, the staff, namely Gayle and Oba, treat everyone with love and care. The YAC is the responsible for shaping me into the person I am today.

Edgar Navarro
Location:

Submitted At: 5:16pm 04-19-22
I went to the yard all 3 years of my middle school and it's a great place and I don't understand why they wanna take it away. It has everything for everyone from sports to help with homework and so much more. It's always a fun place to be and I don't understand why they want to take it away. Keep the yac/teen center open !!

PAM CEE
Location:

Submitted At: 5:04pm 04-19-22
The world needs more of what the YAC provides - a safe, positive, fun and supportive environment for the youth.

This is what the Youth Activity Center and the staff provide to the kids and families in our community. It would be a travesty to take this away. The services and the current location of the YAC should be expanded to continue to nurture our youth as they are the key to the future of the city and community! Victor Padron
Location:

Submitted At: 4:54pm 04-19-22
The YAC was such a pivotal part of my life. Not only did I grow up going to the YAC every year as a kid, but as soon as I could, I started to work there as an after school program leader for 7 years. The YAC leaders were always role models and mentors to me and I wanted to return the favor. The YAC is a safe haven for so many kids who otherwise wouldn't have anywhere to go after school. We must preserve and continue to support the impact the YAC has had on our youth community for so many years.

Hannah Lane
Location:

Submitted At: 4:51 pm 04-19-22
Please keep the YAC and teen center open. I have been coming to the YAC and teen center since 6th grade and I love it here. I can make friends and talk to leaders when I need help. I feel safe at the yac and like to come here after school. I can also do my homework or activities that they have here. I can't imagine not being able to come here to hang out after school. Please keep the Yac and teen center open for all of us kids. It's a really good place.

Please keep it open.

Alexandra Murillo
Location:

Submitted At: 4:44pm 04-19-22
As the first chair of Santa Clara's youth commission back in 1995 the YAC was a only a vision at the time, the dream being advocated by the youth of Santa Clara that finally came to reality years after my term. 30 years later, It is now the home away from home for my own kids who spend their after school time there and count down the time until they can work there as a leader in training. The YAC is a sacred space - it was developed for youth, by youth, serving youth. YAC shouldn't be attacked.

Jordan Lane
Location:

Submitted At: 4:39pm 04-19-22
During middle school I would go to the Yac everyday after school, it was always a good and fun place to be.

Whether it is playing sports with friends, participating in the mini games the yac leaders set up, or just hanging out, the yac/teen center has got something for everyone to be apart of. The Yac is an amazing place and should definitely remain open.

Dylan Lane
Location:

Submitted At: 4:36pm 04-19-22
The yac is a great place with great staff that gave me the opportunity to have fun and make friends all 3 years of middle school. Whoever is trying to close it needs to be fired from their job. Keep it open! Stacy Lane
Location:

Submitted At: 4:30pm 04-19-22
My 3 kids have all gone to the YAC after school for the last several years. It's such a great place with amazing leadership and a healthy & safe place for teens to hang out. Santa Clara is supposed to be a family town and our kids are supposed to be a priority. I can't imagine why you would even consider closing the YAC! It keeps our kids off the streets after school & healthy place to hang out/do homework etc. We're grateful for the YAC - it needs to remain open. Put our kids first! Stay open!!
Kelly Greenia
Location:

Submitted At: 4: 19pm 04-19-22
It's super important for kids to have a safe space they can call their community. It's a place that they can learn, grow connections, and great positive memories.

Conner Leachman
Location:

Submitted At: 4: 1 0pm 04-19-22
The YAC is an integral part of the Santa Clara community. Having worked at the YAC, I have personally seen the impact the YAC has on youth participants and how many participants look forward to attending all of the YAC events and programs. Former participants come back to work volunteer at the YAC because they want to make an impact just like their former Rec Leaders did for them. Working parents know their kids are having a safe and positive experience at the YAC too. The YAC is like family! jack leung
Location:

Submitted At: 4:02pm 04-19-22
Please keep funding the YAC. The YAC was a part of my childhood growing up. I think its important because it is a recreational center that provides a safe space for children to work, play, and socialize after school.

Kevin Luu
Location:

Submitted At: 3:59pm 04-19-22
I support to keep this center open and funded.

Keila Mah
Location:

Submitted At: 3:59pm 04-19-22
The YAC is invaluable to the community, plain and simple. There are so many programs throughout the year that provide children with a fun, safe space, and nothing can come close to replacing what they've done for the last 30 years. I was fortunate enough to work as a recreation leader at the YAC for five years and I learned skills that helped me become the teacher I am today.

Jo Molina
Location:

Submitted At: 3:45pm 04-19-22
The Youth Activity Center has been a cornerstone to the Santa Clara community for thousands of kids across multiple generations. The dedicated staff and vital programs of the YAC have provided kids a safe place to get support for their school work, foster their love for activity, and most importantly, has kept these young people off the streets.

Esmeralda Navarro
Location:

Submitted At: 3:30pm 04-19-22
I can't image not having the YAC & Teen Center be part of the community! As a kid it was a place my siblings and I were able to go to after school since both our parents would work late. And now, working as a leader I can say that the YAC really is a important place for a lot of kids and their families. We're here to bring joy, happiness and a lot of fun to a lot of people and taking it away would be devastating! Please consider supporting ! Philip Bangot
Location:

Submitted At: 3:30pm 04-19-22
The YAC and Teen Center are pillars of our Santa Clara Community. As a participant, former staff member and now parent I cannot express how grateful I am for the youth programs that are being offered to the community.

The free after school program is the only, the best and the safest place where all Santa Clara children have access to recreational play, homework support, and overall care. PLEASE provide for the community and our youth by supporting the YAC! It is integral to our community.

Justin Fujihara
Location:

Submitted At: 3:27pm 04-19-22
The Youth Activity Center/Teen Center have a distinguished identity and service to the community. Their programs reflect the positive impact on our neighborhoods. Their staff provide a fun and safe environment. Their events draw enormous popularity that the community attends annually. We must preserve what they have offered over the years. This is a commitment to our community. It will also provide jobs and opportunities of these programs. We must support the YAC/TC so our community may thrive.

Kyle Stern
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Submitted At: 3:27pm 04-19-22
Please continue to allocate resources and to fund these much needed programs.

Harleigh Perry
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Submitted At: 3:25pm 04-19-22
I spent every summer at the YAC since I was 5 years old. Not only did I make lifelong friends, but I was also given access to the support system created by the leaders at the YAC. Walking into the YAC I was always greeted with overwhelming love from the staff, making me want to in turn provide that for others. When I became of age, I was an LIT then a leader. The YAC Staff are a family. They make genuine differences in the lives of others, please let them continue to work their "YAC magic"
Stephanie Bangot
Location:

Submitted At: 3:21 pm 04-19-22
As a Santa Clara resident, 1) I grew up attending youth programs at the YAC- to learn and connect with my peers, 2) and it had such an impact that I started my career at the YAC- learning professionalism, empathy and hard work, and 3) now as a working parent I send my child to after school program and special events/youth programming in order to develop and play in a safe environment. The YAC is a huge part of the community and a special place for the participants and their families.

Sharlyn David
Location:

Submitted At: 3: 11 pm 04-19-22
As a participant, I remember being in awe that the YAC provided great resources and activities to children of wide age ranges. The YAC is where I had the best childhood memories and ended up working there for about 6 years.

I have met some of the best people who are still in my life today.

Christian Fitzpatrick
Location:

Submitted At: 3:05pm 04-19-22
Growing up in Santa Clara the yac and teen center have always been an important place. It has helped so many families and has such a positive impact on the community. Please keep the program up and running! David Sanchez
Location:

Submitted At: 3:03pm 04-19-22
The YAC and Teen Center have served as fundamental pillars within the Santa Clara community. Both have been a safe haven for kids throughout several generations.

Both buildings have served as vital resources to the development of our youth. Living my whole life in Santa Clara, I've seen more and more resources being ripped away from our youth, who in all, are the future we must invest in.

The financial-forward agenda the city has becomes more and more apparent. Please consider our youth! Greg Yee
Location:

Submitted At: 2:58pm 04-19-22
The Santa Clara Youth Activity Center and Teen Center is a great and critical aspect to our community. The staff is outstanding and ensures there is a safe and nurturing afterschool environment that is crucial to the positive development of our children. Additionally the YAC provides outstanding extracurricular and summer programs that further enhances the community relationships and provides motivation for much needed physical activity for our kids. Please keep the program funded and running.

Patty Atherton
Location:

Submitted At: 2:56pm 04-19-22
The YAC/Teen Center is a great program that needs to continue. Both of my kids went there and received help on homework, had a great time interacting with the YAC leaders and other students.

The Leaders and Staff were awesome, very respectful and worked with the kids keeping them safe and making sure they had a great time. As a working parent , I truly appreciated both the YAC and Teen Center.

Please don't take this away from the kids!
Jimmy Nguyen
Location:

Submitted At: 2:50pm 04-19-22
YAC has always played an important role in my life. I have a lot of good memories and learned some life lessons.

It was a secure place for me to be myself, a place where I could hang out with all of my friends. I would not be where I am now if it weren't for YAC and the role models who were like family.

Kim Briseno
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Submitted At: 2:40pm 04-19-22
I don't understand why this would even be something that is being taken away. This place has helped the community in so many different ways
Tyler Furusho
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Submitted At: 2:34pm 04-19-22
The YAC and Teen Center was always a second home to me growing up in Santa Clara. Years later as a current employee I see firsthand the joy and positive influence it brings to these kids and community. It would be a travesty to take that away from them. Keep the YAC and programs alive! Kris Gabriel
Location:

Submitted At: 2:20pm 04-19-22
The YAC has been around ever since I was a kid. It's a place for kids to interact with friends and socialize with one another. It has offered programs and services that benefited the community throughout the years. I can't imagine it being gone. Please keep the program running! Jason de Runa
Location:

Submitted At: 2:16pm 04-19-22
The Santa Clara Youth Activity Center has fostered strong connections and belonging in our neighborhood. When we moved to Santa Clara ten years ago, the center provided invaluable support and activities for our kids and family. Without the YAC, we would lack a safe environment for our children, we would lose a place for our youth to extend their learning beyond the classroom, and so much more.

Andrew Knaack
Location:

Submitted At: 1 :54pm 04-19-22
So many of my primary life skills have had formative moments at the YAC/Teen Center, from teamwork in youth basketball to leadership skills I learned planning events at the Teen Center. The City staff, including Rich, Gayle, and Jon, puts tireless energy into providing these quality programs to students, accessible to all. This is a win-win partnership. I felt supported as a resident and a student when I found my second home at the YAC/Teen Center.

Please support the new agreement.

Ryan Miceli
Location:

Submitted At: 1 :52pm 04-19-22
How can we be considered one of the greatest city's in the world if this is even a topic of conversation.

The skills and development the youngsters get at these centers help create an umbrella of growth of success for not only themselves but our community.

Chris Gan
Location:

Submitted At: 1:47pm 04-19-22
As a Wilcox alumnus from 2009, the YAC/Teen Center provided a safe and reliable spot for myself and classmates after-school. I believe the facilities should continue to be used to provide events, camps, and after­ school activities for the community.

Chris Hosoda
Location:

Submitted At: 1 :36pm 04-19-22
Growing up as a regular participant of the Teen Center and YAC, the place becomes like a second home and the staff are family. Immediately after graduating high school I was hired and worked at these facilities for 13 years. I know first hand how important these places are for the development and support of the youth in our city. Every year there are countless new and returning kids who look forward to the positive interactions and support from the staff. It would be a true tragedy to let it go.

Ross Campo
Location:

Submitted At: 1 :36pm 04-19-22
The YAC has always been a safe and fun place for the youth to attend. I worked at the YAC for 6 years and met a lot of incredible people. Personally, I can tell you the positive impacts that the YAC has on the youth. I support the YAC and please let the YAC continue to run it's programs! Eva Rosa
Location:

Submitted At: 1:36pm 04-19-22
The YAC is a staple in the community. It is a safe place for kids to go to after school where they have supervision and help with homework. The YAC provides several activities and help children gain valuable friendships and teaches them good sportsmanship. We are lucky to have a place like this where are children can go while we are at work and know that they are safe and well cared for. The community will not be the same with out our youth activity center.

Roger Chung
Location:

Submitted At: 1 :33pm 04-19-22
The Santa Clara Youth Activity Center and the Teen Center is a staple in the community. It is now being stripped away by the Santa Clara Unified School District. The City of Santa Clara has provided a safe space for the kids after school, events for families, sports camps during the summer, and programming for all-ages in the community for years. We are an inclusive and diverse city and to not have the Youth Activity Center or Teen Center be available would be a shame. Do better and support.

Samia Abbasi
Location:

Submitted At: 1 :29pm 04-19-22
I was a Santa Clara Youth Commissioner from 2012-2016, and the Teen Center/YAC has been such an important part of my life. They provide fun, creative, and enriching programs for teens of all backgrounds, a safe place to be after school, and an irreplaceable sense of belonging at such a crucial time in young adults' lives. I am so grateful for the staff's passion and dedication throughout the years and truly hope this resource continues on for many teens to come.

Don Pablo
Location:

Submitted At: 1 :26pm 04-19-22
Wtf we gotta vote for this? This programs help kids with their developmental processes and taking this away is plain stupid. Part of human development is interacting with others and playing with others. Many parents bring their kids to places like for social interacting and support from the school district.

Victor Ngo
Location:

Submitted At: 1 :15pm 04-19-22
The need to feel secure and stable at home is important to everyone, but children especially. Having a place like the YAC where they are socially, physically and emotionally secure is essential for healthy development.

Desirae Pica
Location:

Submitted At: 1 :09pm 04-19-22
The YAC is a safe and essential space for children and families. After school program provides homework help, activities, and care for working families. Without the YAC, our community would lose a major resource, and it would hurt families who truly need it most. The YAC has also been impactful to our city by providing classes for youth, jobs for our local community, and traditions. As a life long resident, it would be detrimental to our community to lose the space.

Conner Young
Location:

Submitted At: 1:08pm 04-19-22
Most parents nowadays work and are unable to take the summer off. The YAC provides a safe place where parents can drop there kids off for the day to play games, socialize, go on field trips, be creative, be active, and most importantly have fun. The YAC is crucial to the development of kids in the community and it has helped shape me into the man I am today and if it weren't for the YAC i would not have met some of my closest friends today.

Molly Aufdermauer
Location:

Submitted At: 1 :05pm 04-19-22
Please support the agreement and extend the YAC and Teen Center programs. Our kids have loved the services provided by these centers, and we are proud to live in a city that offers these kinds of programs to the community children. If anything, the program should be expanded to include sites near other schools as well.

Jerry Nguyen
Location:

Submitted At: 1 :03pm 04-19-22
YAC has always been part of my life. I had great memories and life-learning experiences. It was a place where I felt safe to be who I am, a place where I can hang out with all my friends. I always believe that there were many mentors that have helped me get to who I am. If it wasn't for YAC and the role models I would have not gotten to be where I am. Because of YAC I am now working in the Recreation Field and graduated with a BA in Recreation.

YAC was not only a place but it is a FAMILY.

Deion Willcox
Location:

Submitted At: 12:56pm 04-19-22
Growing up in Santa Clara, the YAC has been down the street my entire life. I would go after elementary school, middle school, and in high school they gave me my first job. I still go there to this day to maintain the relationships I made as a young adult. To rob others of that opportunity would be an injustice to Santa Clara. You don't need to go there as often as I did to see how special that place and their employees are to the community.

Angela Chastain
Location:

Submitted At: 12:49pm 04-19-22
The YAC and Teen Center has been a huge staple that has always brought together the Santa Clara Community.

Students and alumni alike have all been affected by the positive influence and experiences both centers have provided. Not only has both centers helped thousands of individuals both past and present, they also provided once in a lifetime experiences and assistance that no one can learn in a book or classroom. To close both centers down is to close the future generation's potentials.

Eleazar Manalo
Location:

Submitted At: 12:36pm 04-19-22
I grew up in Santa Clara and frequented the YAC throughout my middle school and high school years. I later joined the YAC as a rec leader immediately after high school and witnessed first hand other generations continue to enjoy the YAC just as I did. I honestly can say that the experiences and friendships I gained there has shaped who I am today.

Tyler Young
Location:

Submitted At: 12:33pm 04-19-22
I grew up going to the YAC every summer as a kid/ teen. The YAC was formative to my development as it kept me out of trouble while my parents had to work, it taught me social skills, kept me active, and gave me life long friends that became family. I hope the YAC is around when I have Kids so that they can have the same experiences that I had.

Nicolas Cabrera
Location:

Submitted At: 12:28pm 04-19-22
As a former SCUSD and YAC employee, I have seen first hand how the YAC has positively impacted the life of children from all around the community. The YAC is a safe space for children to open up with the encouragement of positive role models. It's an environment where children can create friendships and transition into a social space that may not available elsewhere. The YAC is a place kids could go to for supported. Let's not take away a program that positively impacts our community's children! Takashi Makino
Location:

Submitted At: 12:27pm 04-19-22
The Santa Clara youth activity center has and will always play a pivotal role in the community. Over the years as a former employee, I have seen the youth grow to be amazing young adults through the support of the youth center. Everything from after school programs, summer camps, and mentorship. Truly this facility supports the youth community in such a way where children/teens have a safe space and an environment to grow and learn.

Rose Partolan
Location:

Submitted At: 12:07pm 04-19-22
As a former YAC employee (20 yrs), I witnessed first hand participants become employees, then parents of future YACsters. YAC after school program & open gym is a fun, safe place for kids of all ages & abilities. It also provides volunteer & job opportunities for SC youth. The City & SCUSD always had a good working relationship that included mutual respect for program needs; good communication was a priority. I hope that relationship will continue for the benefit of SC youth.

Michael Carson
Location:

Submitted At: 12:01pm 04-19-22
The Santa Clara Youth Activity Center is a great place for kids. It provides kids with a fun and safe environment to participate in activities and connect with others after school. The YAC is a wonderful asset to the community of Santa Clara.

Sevrina Ciucci
Location:

Submitted At: 11:57am 04-19-22
The YAC has been a community staple for years. Both my daughter & grandson have utilized their facilities. As a single working parent the YAC was a crucial need for my family years ago & still is for my grandson. He looks forward to going to the YAC after school & always wants to be signed up for kids rock. Their community activities from Halloween to Christmas are amazing and we need them to continue providing safe after school spaces for kids.

Brian Pacheco
Location:

Submitted At: 11 :54am 04-19-22
Growing up with a single mother, the YAC and Teen Center were incredible programs that were not only affordable for someone in my position but also built a positive environment for many. I would stay late at school until 7pm or later to get picked up. These programs gave me a safe place to wait, introduced me to activities that I still love and practice today and helped me meet amazing staff and friends that curved my life toward a positive path. Closing this program would be a mistake.

Brian Chan
Location:

Submitted At: 11 :53am 04-19-22
I volunteered at the YAC and watched hundreds of kids come to participate in sports and summer camps, dances, and other social and arts classes. The YAC offered a safe place for these kids to gather and the leadership and staffing were always focused on serving the needs of these kids. As I've moved away and now have children of my own, I always feel let down that our local community does not offer anything like the YAC has all of these decades. Please continue to support this precious resource.

Edgar Manalo
Location:

Submitted At: 11 :45am 04-19-22
I grew up as a participant going to the YAC, and then worked there for over 5 years. The YAC is a special place to me where I literally grew up and met incredible people and made everlasting friendships. I have no doubt many people will have similar stories to share of how the YAC was a safe and positive place for them. I support the extension between SCUSD and City of Santa Clara.

Jeffrey Rosenfeld
Location:

Submitted At: 11 :44am 04-19-22
The YAC and Teen Center are necessary safe spaces for the children of Santa Clara to go to after school and locations for camps during the summer. When there was not an after school program at our elementary school for our child to attend, the YAC was there to save us. We will forever be indebted to the YAC and the amazing staff that work there.

Jeffrey Nguyen
Location:

Submitted At: 11 :42am 04-19-22
When you think of LA, you think of Disneyland. When you think of Santa Clara, you think of the YAC. This program always ensures it is ''The Happiest Place On Earth". From their events, to their after school program, Everyone that has entered those doors, have created great memories. This is a place where participants grow into Leaders, and Leaders learn life skills/experiences.

The YAC is not just for the youth, but for the community. So, if you get rid of the YAC, you get rid of Disneyland.

Ryan Shields
Location:

Submitted At: 11:39am 04-19-22
I am shocked that SCUSD is trying to take away a community treasure like the YAC. The YAC provides a safe place for kids to go (our school doesn't have a valid after school program), it also provides enrichment activities and leadership opportunities which SCUSD does not provide and in fact have privatized. Do not get rid of this city treasure.

Audrey Shiomoto
Location:

Submitted At: 11 :25am 04-19-22
I grew up spending my summers at the YAC and they are some of my fondest childhood memories. Through my time at the YAC I learned sportsmanship, team building, and so much more, all while being active and engaged.

The YAC offers things to children that no other program I have been in has been able to I loved this program so much I went back as an LIT when I was old enough to build my leadership skills. Please let other children have the wonderful experince that I did at the YAC.

Jeramie Desoto
Location:

Submitted At: 11:11am 04-19-22
For decades the YAC has been an incredible place for kids to mature socially and as individuals. I am an adult now and I will always cherish the memories, lessons, and opportunities the YAC has given me and others like me who were able to have this "second home" since elementary school. I believe that if approved Santa Clara recreation programs can continue to benefit the youth and therefore the future of our community.

Richard Chung
Location:

Submitted At: 10:59am 04-19-22
To some the YAC & Teen Center are just facilities, to others like myself these walls have become a home. As a lifelong Santa Clara resident I grew up in these programs at the YAC and eventually my first job. As a recreation leader I was able to obtain lifelong skills, friendships, and experiences that should be experienced by the Youth of this city. I support to keep Santa Clara's YAC programs to continue for our youth, families, and our future! Please continue the programs for our city!
Michelle Shoji-Lee
Location:

Submitted At: 10:55am 04-19-22
The YAC is an unparalleled, essential community support and enrichment venue without which many parents would not have childcare or access to affordable youth enrichment programs. Summer camps, break camps, holiday events, after school care they do it all with such JOY. If you truly support your community, you will support, fund, do whatever it takes to keep the YAC running full tilt.

Jefferey Harvie
Location:

Submitted At: 10:52am 04-19-22
You will never build or find another program as beneficial and successful as the YAC. The life lessons and experiences learned from such an amazing program stay with kids through adulthood. Getting rid of such an amazing program only hurts the City of Santa Clara. There is no significant benefit that outweighs the consequences. The YAC defines the City of Santa Clara. Who wants to get rid of such a beneficial program for families and kids that call the City of Santa Clara their home? Beverlee Go-Fradera
Location:

Submitted At: 10:45am 04-19-22
The YAC provides vital services to the community because it is a safe place for children to stay at after a school , where they can do their homework and play. These are very hard times for families , with both parents needing to work and after school program costs skyrocketing . The YAC is an affordable safe place for our kids . Please keep this program as families rely on the YAC very much ! Jeremy Hinton
Location:

Submitted At: 10:45am 04-19-22
The YAC is such an important part of the community. The after school program helps so many families. hard working families that can't afford traditional Healthcare. Our YMCA program at Bowers had limited space, and we didn't find out til the first day of school. Without YAC many parents would have been in a bind. My son has used it all year, no issues. He loves the staff, wants to go to all of the events and made new friends. Please don't make any changes.

Shannon Shimada
Location:

Submitted At: 10:37am 04-19-22
The YAC provides programming to youths throughout Santa Clara. The after school program has been servicing youth and teens of Santa Clara for over 30 years and low income families can utilize the free program to safely monitor their kids allowing parents to work. The memories that the participants at the YAC leave a long standing impact as many part-time staff were previous participants. I hope the city can continue to provide programming to the youth in Santa Clara through the Teen Center.

Ervin Nixon
Location:

Submitted At: 10:34am 04-19-22
My child attends Scott Lane Elementary and the after school program at the YAC. Scott Lane does not offer enough spaces for after school care so it is amazing that my child can attend the YAC. My family relies on the facility and all it offers on a daily basis. The YAC is affordable, reliable and provides a safe place for children after school. My son loves going to the YAC & spending time with the staff. Taking away this programs space would be detrimental to working families in the area.

Erin Harvie
Location:

Submitted At: 10:29am 04-19-22
I have made the mistake of choosing to oppose this in my last comment. I am writing to clarify that I support this. I am unable to edit my last comment. Again, I support this.

Kathleen Boughton
Location:

Submitted At: 10: 17 am 04-19-22
I can't say enough great things about the YAC and the staff! They are incredible! My children attend and are able to complete their homework and then socialize/play in a safe environment. The children need this space. They are our future!
Tiana Nixon
Location:

Submitted At: 10:14am 04-19-22
The YAC is a staple in the community. I attended the YAC when I was a SCUSD student and now my son attends the YAC. He looks forward to going to the YAC everyday. He loves the staff and is constantly raving about them and the activities. He gets mad when I pick him up to early. This program is essential for working parents. It's cost effective and provides a safe and fun environment for student after school who have no where to go. Do not take their facilities away
Greg lmahara
Location:

Submitted At: 10:12am 04-19-22
I made the erroneously made the wrong selection for my position below on my original comment. I support this. I cannot edit or change the original comment below, so I'm doing a separate comment to clarify my position. Thank you.

Greg lmahara
Location:

Submitted At: 10:02am 04-19-22
The YAC has been an incredible resource my kids have benefited from greatly. From the programs, events, summer camps and especially the leadership and staff have been made the city of Santa Clara shine. They have an outstanding organization. I was born, raised and still live here in Santa Clara and my kids have been going to the YAC. I can say that the importance of the YAC is critical to thr people of Santa. Think of the Latch Key kids or the working parents who need the YAC for their services Preston Caldera
Location:

Submitted At: 10:00am 04-19-22
The YAC is a special place. If you have participated in a YAC program, attended an event, or simply gone on a facility tour, this fact is self-evident. The YAC and its staff have positively impacted the lives of thousands. I can attest to this, growing up as a YAC participant and later having the opportunity to be a Recreation Leader. I am hopeful this new agreement will allow the YAC to continue to serve Santa Clara's youth and the community for the next decade and subsequent decades to come.

Erin Harvie
Location:

Submitted At: 8:19am 04-19-22
If you have never been apart of the YAC, then you will never know the true impact this program has on it's participants, workers , and parents. Especially when those workers and parents were once participants. The YAC provides a safe space for kids to have the opportunity to do things they might not have the chance to. The YAC also provides a space where kids can express themselves and continue to grow into themselves. The kids need the space. Moving to the TC will cause many conflicts and issues Agenda Item: eComments for 5.C Action on Request Submitted by Stadium Manager to Execute Agreeme nts Execute Second Amendment to Agreement with Bear Electr ical Solutions Inc. , for Levi's Nam ing Rights Existing Signage Light ing and Driver Repair CapEx Project and Agreements with HY Floor and Game li ne Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation , Inc. for Stadium Insulation Cap Ex Project and Approve Related Budget Amendment Overall Sentiment
Susan Hinton
Location:
■ Supp Mi0 %)
■ Opposo1 I 00%)
■ Ncu lral(0i,)
No Rcsponsc( 0%)
Submitted At: 9: 19am 04-19-22
Where are the details for this request? If this involves paying anybody then there should be legislative text and financial details. If this does not involve paying anybody, what is the Council being asked to do? But, frankly, the words "Approve Related Budget Amendment" imply money changing hands . Who approved putting this onto the agenda without supporting text?
Agenda Item: eCommen ts for 5.D Action on Request Submitted by the Stadium Manager to Incur Charges for the June 15-18, 2022 Event and Arena Market ing Conference in Minneapolis, MN and Travel for the May 28-29 Grupo Firme Concerts at SoFi Stadium in Inglewood, CA
Overall Sentiment
■ Su ppOll(0: .)
■ Oppo so( I 00% )
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No ncsponso{O%)
Susan Hinton
Location:

Submitted At: 9:27am 04-19-22
Where are the details for this request? How much will this cost? Is the cost part of the original agreement or does this involve a change to the original agreement? If this is a 2-part request, with costs buried in another agenda item, then this should be made transparent along with a summary of any and all cost increases attached to this agenda item .

Agenda Item: eComments for 8. 22-480 Act ion on a Response to a Written Request to Cover the Costs of City Services in Support of the Santa Clara Parade of Champ ions and the Cost of Facil itron Park ing Fees Overall Sentiment
■ Suppon 1 I 00' ~)
■ Oppo se(0¼)
■ Nculral(0%)
No n csponsc;o ~.;.,)
Andrew Ratermann
Location:

Submitted At: 8:36pm 04-19-22
I want to congratulate the Santa Clara City Council. Your support was critical to bringing back the beloved Parade of Champions to the City of Santa Clara. This event provides joy and entertainment to all ages and fosters a strong sense of community among our residents.

I expect and hope that Santa Clara will continue to lead, supporting the Parade of Champions, making us the envy of Silicon Valley. Thank you for continuing to support this remarkable community event. Andy Ratermann Agenda Item: eComments for 9. 22-531 Act ion on a Written Petition (Council Poli cy 030) Submitted by Nick Valencia Requesting to Place an Age nd a Item at a Future Council Meet ing to Discuss the future of the BMX track located on city property at 5451 Lafayette Stree t
Overall Sentiment
Leilani Dela Cruz
Location:
■ Suppo tt(I 00%)
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No Flosponso(0 '/,)
Submitted At: 5:04pm 04-19-22
Joey, Nick & Marisa put in a lot of blood & sweat making this track a top-notch facility for kids & all kids alike. Their work was always done with the utmost passion for the sport and the community. We & our son, Samuel (SCPAL poster boy #707) have always taken great pride in this facility. I urge you to please re-instate their positions & re­ open the track under USA BMX sanctions. Let's get Santa Clara back on the map for being one of the best places to race BMX! - Jeremy & Leilani Delacruz
Ryan Polli
Location:

Submitted At: 3:22pm 04-19-22
Our family has been traveling to SCPAL for years to rCe and with Nick Valencia at the helm, this facility went from one of the worst, to one of the best in the country. His (and his teams) understanding of the sport and his technical understanding of track building and maintenance have set SCPal BMX above and beyond. In 6 years, I have never seen an officer there to represent the PAL group, or a board member who was not a part of the operation team .

Age nd a Item : eComments for 10. 22-532 Actio n on a Writt en Petition (Council Policy 030) Submitt ed by Mary Grizzle on behalf of the Members of Reclaimi ng our Dow ntown are Reques ting to P lace an Agenda Item at a Futu re Counci l Meet ing to Discuss and Vote on the Curre nt Downtown Urban Planning Firm WRT to Study the follow ing 4 Finan cial Benefits of Mov ing City Hall to a Location within th e 8 Blocks of the Original Down town (Lafayette Benton Monroe Homestead ):

1. The financia l benefits and construct ion saving s of mov in g city hall to an 8+ story mixed -use (offices ) building;

2. An updated and comple te ana lysis of the advantages of sell in g the acreage used by city hall on its curren t l oca tion on Warbur ton;

3. The substant ial increase in private investment after a ci ty hall has been broug ht back to Downtown as evidenced by several other American cities studied by Reclaiming our Downtown ;

4. Financial benefit of a "completed Downtown " to the tax revenue of Santa Clara Overall Sentiment
Jim McNamee
Location:

Suppor1(75~,~)
■ Opposo1oi,1
■ Mcut,al(0%)
No ncsponso(25c,:,)
Submitted At: 11 :45pm 04-18-22
This group has spent over a year doing the work that this City should have done : Calling other cities that have the same issue: an aging City Hall. The volunteers did it for free. They did it because they want to understand where and how City Hall could be reborn that adds the most VALUE to the City and its citizens I am asking you to put this on a future agenda and VOTE YES to study these critical ways to save and make this city money WHEN it's time to rebuild City Hall.

Carter Fulhorst
Location:

Submitted At: 7: 11 pm 04-18-22
We are just asking you to "know what you don't know." The City is already studying the "best location for its next City Hall." These folks have found Six American cities that have benefitted from moving their City Halls back to their Downtowns. If tonight, you pass or vote no on putting this on the next agenda, you are telling us that you don't want to know. Voting "no" on putting this on the next agenda is voting yes for ignorance on what is the best location for our future City Hall.

Donna West
Location:

Submitted At: 11 :25am 04-16-22
Testing this e-comment system with the city council. See email to read.

Frank Lemmon
Location:

Submitted At: 9:36pm 04-15-22
Santa Clara has the special opportunity to develop its historic Downtown district. The Reclaiming Our Downtown citizen's group has conducted research on four American cities, and in each case learned that having City Hall in the Downtown district was a win-win. This is because economic vitality results from daytime business, dining, and shopping activities, which switches to after-hours dining and entertainment. Furthermore, the parking garage is effectively utilized during these periods, too.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-597 Agenda Date: 5/10/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Second Amendment to Agreement with Bear Electrical Solutions, Inc. for Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and ManCo.

The Stadium Manager is requesting approval for the following actions:

Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project

1. Execute an Amendment No. 2 to the agreement with Bear Electrical Solutions, Inc. to increase the not to exceed amount for the second year of the agreement term by $420,000 to $670,000. The $420,000 will be used to cover the cost of the Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project.

This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the Levi’s Naming Rights Existing Signage and Driver Repair line item, which is budgeted for $420,000.

Club Space Flooring CapEx Project

1. Award a one-time agreement to HY Floor and Gameline Painting, Inc. in the amount of $48,300 for refinishing engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at Levi’s Stadium;
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2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $4,830, for a total not to exceed amount of $53,130.

This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the Club Space Flooring line item, which is budgeted for $89,250.

Stadium Insulation CapEx Project

1. Award a one-time agreement to Bear Insulation, Inc., in the amount of $505,023 to furnish and install new insulation sheeting at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to $12,477 for a total not to exceed amount of $517,500.

This project is not included in the Stadium Authority FY 2022/23 CapEx Project and a budget amendment would be required to approve the Stadium Manager’s request.

DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memos, supporting procurement documents, and agreements with Bear Electrical Solutions, Inc., HY Floor and Gameline Painting, Inc., and Bear Insulation, Inc. (these documents are attached to corresponding report #22-484). The following comments are to advise the Board of noteworthy items that it should be aware of while considering the requests:

Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project On April 20, 2021, the Stadium Authority Board approved a three-year agreement with Bear Electrical Solutions, Inc. for electrical maintenance and repair services at Levi’s Stadium, in an amount not to exceed $250,000 per contract year and subject to budget appropriations for every contract year. On September 7, 2021, the Board approved a budget amendment of $250,000 to the Stadium Authority FY 2021/22 CapEx Budget for the Levi’s Signage Repairs project and an amendment to the agreement with Bear Electrical Solutions, Inc. to increase the not to exceed amount from $250,000 to $500,000 for the first year of the agreement term to cover the cost of interim signage repairs. The agreement’s not to exceed amount will total $1.42 million over the three-year term, subject to budget appropriations, if this second amendment to the agreement with Bear Electrical Solutions, Inc. is approved.

It is staff’s understanding that ongoing repairs are needed for the Levi’s Naming Rights signage and this CapEx project will take care of those immediate needs in accordance with Board direction. Staff will bring back additional information to the Board in May and will work with the Stadium Manager and Naming Rights Sponsor on a longer-term plan for the signage including possible options for repairing or replacing the signage, again in accordance with Board direction.

Club Space Flooring CapEx Project
The description for this project in the FY 2022/23 CapEx Budget includes hardwood flooring work for BNY East & West and the Levi’s 501 Club spaces. As noted in the Stadium Manager’s Recommendation for Award memo for this project, it was determined that no hardwood flooring work City of Santa Clara Printed on 5/3/2022Page 2 of 5
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in Levi’s 501 Club is required at this time. If any additional work is needed for Levi’s 501 Club in the future, a new CapEx project budget request will be submitted at that time.

Stadium Insulation CapEx Project and Related Budget Amendment The project was included in the Stadium Authority FY 2021/22 CapEx Budget under the Stadium Insulation line item, which was originally budgeted for $157,500. On January 11, 2022, the Board approved a budget amendment to increase the budget for the project by $360,000 to a total of $517,000. At the time, the Stadium Manager communicated that it wanted to begin the work in February 2022.

As described in the Stadium Manager’s Recommendation for Award for this project, the Stadium Manager’s Request for Bids process did not close until March 30, 2022. This project was not carried forward from the FY 2021/22 CapEx Budget, therefore a budget amendment is required to add the project to the FY 2022/23 CapEx Budget if the Board decides to approve the Stadium Manager’s request to award an agreement to Bear Insulation, Inc. and a 2.5% contingency for change orders.

Aside from the comments above, staff recommends that the Stadium Manager’s request for delegated authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the Club Space Flooring and Stadium Insulation CapEx Projects, and change orders be delegated instead to the Executive Director.

Section 2.1 in the First Amendment to the Management Agreement states that the Stadium Manager only has the ability to enter into contracts with providers to the extent it has authority to enter into such Stadium Procurement contracts pursuant to the Santa Authority Procurement Policy. Currently, the Executive Director has no procurement delegated authority under the Stadium Authority Procurement Policy. As such, if the Board approves staff’s recommendation to provide the Executive Director with such authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and change orders up to $12,477, the Stadium Manager would not have the same authority to do so.

The Executive Director recently administratively approved a Change Order #1 to an agreement with R.E. Cuddie Co. with the delegated authority that the Board provided on October 19, 2021 for the Non-Slip Matting CapEx Project. This approach accomplishes the expediency that the Stadium Manager seeks and is compliant with the First Amendment to the Management Agreement.

Staff recommends approval of the Stadium Manager’s remaining requests to authorize execution of:
· Amendment No. 2 to the agreement with Bear Electrical Solutions, Inc. for the Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project, · Agreement with HY Floor and Gameline Painting, Inc. for the Club Space Flooring CapEx Project, and
· Agreement with Bear Insulation, Inc. for the Stadium Insulation CapEx Project and related budget amendment.

The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered City of Santa Clara Printed on 5/3/2022Page 3 of 5
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which must also be in compliance with State law and City Code.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The Stadium Authority FY 2022/23 CapEx Budget includes $420,000 for the Levi’s Naming Rights Existing Signage Lighting and Driver Repair line item. There are sufficient funds to cover the cost increase that is outlined in the second amendment to the agreement with Bear Electrical Solutions, Inc. ($420,000).

The Stadium Authority FY 2022/23 CapEx Budget includes $89,250 for the Club Space Flooring line item. There are sufficient funds to cover the total cost of agreement ($48,300) and the 10% contingency ($4,830) that the Stadium Manager is requesting (a total of $53,130).

As discussed above, the Stadium Insulation Project is not part of the Stadium Authority FY 2022/23 CapEx Budget and the Board will need to approve a $517,500 budget amendment to add the project.

These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve. The budget amendment will fund the agreement with Bear Insulation, Inc. ($505,023) and a 2.5% contingency ($12,477) that is being requested by the Stadium Manager.

The Stadium Manager advertised the Request for Bids in the San Jose Mercury News publication for a total of $1,443 for the Club Space Flooring and Stadium Insulation projects. On July 13, 2021, the Stadium Authority Board previously approved up to $20,000 for the Stadium Manager to publish legal notices in the San Jose Mercury News and Santa Clara Weekly for various solicitations, which would cover these procurement advertising costs.

The table below summarizes the budget amendment as discussed above:

CapEx Project Adopted Budget Increase/
(Decrease)
Amended
Budget
Stadium Insulation Project $0 $517,500 $517,500
Capital Expense Reserve $4,157,794 ($517,500) $3,640,294

COORDINATION
This report has been coordinated with the City’s Purchasing Manager, Stadium Treasurer’s Office, and Chief Assistant City Attorney.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.

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22-597 Agenda Date: 5/10/2022

RECOMMENDATION

1. Approve the Stadium Manager’s request to execute an Amendment No. 2 to the agreement with Bear Electrical Solutions, Inc. to increase the not to exceed amount from $250,000 to $670,000 for the second year of the agreement term to cover the cost of the interim repairs (for a total not to exceed amount of $1.42 million over the initial three-year term), subject to budget appropriations for every contract year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

2. Approve the Stadium Manager’s request to execute a one-time agreement with HY Floor and Gameline Painting, Inc. for refinishing engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at Levi’s Stadium (Club Space Flooring CapEx Project) in the amount of $48,300; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $4,830, for a total not to exceed amount of $53,130; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

3. Approve a budget amendment to include the Stadium Insulation CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $517,500 from Stadium Authority Capital Expense Reserve; and

4. Approve the Stadium Manager’s request to execute a one-time agreement with Bear Insulation, Inc. to furnish and install new insulation sheeting at Levi’s Stadium (Stadium Insulation CapEx Project) in the amount of $505,023; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to $12,477, for a total not to exceed amount of $517,500; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Rajeev Batra, Executive Director
City of Santa Clara Printed on 5/3/2022Page 5 of 5
powered by Legistar™
Meli ssa Lee
From:

Sent:

James Rowen <[email protected]>
Tuesday, April 19, 2022 1 :21 PM
To: Mayor and Council; Manager; [email protected]; City Attorney Cc: Lisa Gillmor; Kevin Park; [email protected]; [email protected]; Jay Reed; [email protected]; Lance Williams; [email protected] Subject: Kevin Park Abstain Request
I hereby request that item SC be pulled from Consent and Council Member Park abstain on the motion.

Why?
We still have not had full disclosure of a May 17th email of last year from Jay Reed explaining to Park that he is still trying to get 49er money for Parle
Committee which is still under investigation by FPPC had been terminated.

So Reed was attempting with Park's knowledge to get 49er money Until that has been resolved, Park has no business voting on 49er issues,.

Also, Park agreed with Reed to engage Pete Constant to interfere with the contract between the city and the 49ers, a violation of the Brown Act.

Constant cannot by law be given private details regarding closed session matters. Park was trying to violate Charter Section 807 by engaging a non staff member in city manager issues.

A further CPRA 22-468 has been filed. Therefore Park is conflicted.

James Rowen

5.C Action on Request Submitted by Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation Cap Ex Project and Approve Related Budget Amendment. 1. Request from Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment 22-484
POST MEmNG MATERIAL
1 Email Reveals Santa Clara Councilman Kevin Park's Po,litical Consultant Asked 49ers for Money to Help Park- Santa Clara News Online
2 Melissa Lee
From:

Sent:

To:

Subject:

Ms. Carolyn McAllister <[email protected]>
Tuesday, April 19, 2022 2:02 PM
Mayor and Council; Raj Chahal; [email protected]; Kathy Watanabe; [email protected]; [email protected]; [email protected] Levi Stadium Sign and Regrouping Funds
I am totally against adding any more funds to the Levi Strauss Sign repairs. If $250,000 is what has been in the contract, why would
Councilmen Becker and Park want to add an additiional $420,000? That additional funds should be in our General Fund.

If Levi Strauss wants a new stadium sign, let them pay for it.

I keep hearing the councilmembers say they are on the council to represent the community of Santa Clara and and that community seems to be the 49ers. Shame on Councilmen Becker and Park and they other members of the 49er Five if they support this recommendation.

Again if Levi Strauss wants a new sign, they certainly have the money to buy it.

The Council talks about recouping funds from different city departments. I address the Senior Center specifically. When the Senior Center
reopened in Februay 2007, the intent was to make expenses as reasonable as possible for our Senior Citizens. In today's economy,
I think we should maintain a fee structure that enables our Senior residents to participate in classes. The Senior Center represents
the only socialization many of our Seniors have available. To add additional fees is unfair and contradicts the intent of the reopening in 2007.

If the 49er Five want to throw $420,000 to their benefactors, (49ers), there is certainly funds to maintain low cost fees for the Senior Center
and other Community Recreation facilities.

The 49er Five, Becker, Park, Hardy, Jain and Chahal have made the City of Santa Clara look like a poorly run city. Actually worse than that. No one wants to be our City Attorney or our City Manager. What a black period in the history of our beljoved city. Santa Clara used to represent integrity.and commitment to community. NO MORE! Carolyn McAllister
POST MEmNG MATERIAL
1 Melis sa Lee
From :

Sent:

James Rowen <[email protected] >
Tuesday, April 19, 2022 1 :21 PM
To: Mayor and Council; Manager; [email protected]; City Attorney Cc: Lisa Gillmor; Kevin Park; [email protected]; [email protected]; Jay Reed; [email protected]; Lance Williams; [email protected] Subject: Kevin Park Abstain Request
I hereby request that item SC be pulled from Consent and Council Member Park abstain on the motion.

Why?
We still have not had full disclosure of a May 17th email of last year from Jay Reed explaining to Park that he is still trying to get 49er money for Park.

Committee which is still under investigation by FPPC had been terminated.

So Reed was attempting with Park's knowledge to get 49er money Until that has been resolved, Park has no business voting on 49er issues,.

Also, Park agreed with Reed to engage Pete Constant to interfere with the contract between the city and the 49ers, a violation of the Brown Act.

Constant cannot by law be given private details regarding closed session matters. Park was trying to violate Charter Section 807 by engaging a non staff member in city manager issues.

A further CPRA 22-468 has been filed. Therefore Park is conflicted.

James Rowen

5.C Action on Request Submitted by Stadium Manage r to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair Cap Ex Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment. 1. Request from Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment 22-484

POST MEETING MATERIAL
1 Email Reveals Santa Clara Councilman Kevin Park's Political Consultant Asked 49ers for Money to Help Park- Santa Clara News Online
2 Me lissa Lee
From :

Sent :

To:

Subject:

Ms. Carolyn McAllister <[email protected] >
Tuesday, April 19, 2022 2:02 PM
Mayor and Council; Raj Chahal; [email protected]; Kathy Watanabe; [email protected]; [email protected]; [email protected] Levi Stadium Sign and Regrouping Funds
I am totally against adding any more funds to the Levi Strauss Sign repairs. If $250,000 is what has been in the contract, why would
Councilmen Becker and Park want to add an additiional $420,000? That additional funds should be in our General Fund.

If Levi Strauss wants a new stadium sign, let them pay for it.

I keep hearing the councilmembers say they are on the council to represent the community of Santa Clara and and that community seems to be the 49ers. Shame on Councilmen Becker and Park and they other members of the 49er Five if they support this recommendation.

Again if Levi Strauss wants a new sign, they certainly have the money to buy it.

The Council talks about recouping funds from different city departments . I address the Senior Center specifically. When the Senior Center
reopened in Februay 2007, the intent was to make expenses as reasonable as possible for our Senior Citizens . In today's economy,
I think we should maintain a fee structure that enables our Senior residents to participate in classes . The Senior Center represents
the only socialization many of our Seniors have available. To add additional fees is unfair and contradicts the intent of the reopening in 2007.

If the 49er Five want to throw $420,000 to their benefactors, (49ers) , there is certainly funds to maintain low cost fees for the Senior Center
and other Community Recreation facilities .

The 49er Five, Becker , Park, Hardy, Jain and Chahal have made the City of Santa Clara look like a poorly run city. Actually worse than that. No one wants to be our City Attorney or our City Manager . What a black period in the history of our beljoved city. Santa Clara used to represent integrity.and commitment to community . NO MORE! Carolyn McAllister

POST MEETING MATERIAL
Council and Authorit ies Concurrent Meeting on 2022-04 -19 4:00 PM Meeting Time: 04-19-22 16:00
eComments Report
Meet ings
Council and Authorities Concurrent
Meeting on 2022-04-19 4:00 PM
Sentiments for All Meetings
Meeting
Time
04-19-22
16:00
Agen da
Items
68 Comments Support Oppos e
105 95 6
Neutral
0 The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Support{90%)
■ Oppo so(S¾)
■ Ncutra1(0%)
No Rcsponso(3%)
Council and Authorities Concurrent Meeting on 2022-04-19 4:00 PM 04-19-22 16:00
Agenda Name Comments Support
Closed Session - 4:00 PM I Study Session - 7:30 PM I Regular Meeting - 8:30 PM

4.E 22-225 Action on an Agreement Between the Santa Clara Unified School District and the City of Santa Clara Pertaining to the Operation, Maintenance and Improvement for Public Recreational Purposes of Buildings and Open Space Areas at Cabrillo Middle School

5.C Action on Request Submitted by Stadium Manager to Execute Agreements Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment

5.D Action on Request Submitted by the Stadium Manager to Incur Charges for the June 15-18, 2022 Event and Arena Marketing Conference in Minneapolis, MN and Travel for the May 28-29 Grupo Firme Concerts at SoFi Stadium in Inglewood, CA

8. 22-480 Action on a Response to a Written Request to Cover the Costs of City Services in Support of the Santa Clara Parade of Champions and the Cost of Facilitron Parking Fees

9. 22-531 Action on a Written Petition (Council Policy 030) Submitted by Nick Valencia Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the future of the BMX track located on city property at 5451 Lafayette Street

10. 22-532 Action on a Written Petition (Council Policy 030) Submitted by Mary Grizzle on behalf of the Members of Reclaiming our Downtown are Requesting to Place an Agenda Item at a Future Council Meeting to Discuss and Vote on the Current Downtown Urban Planning Firm WRT to Study the following 4 Financial Benefits of Moving City Hall to a Location within the 8 Blocks of the Original Downtown (Lafayette Benton Monroe Homestead):

1. The financial benefits and construction savings of moving city hall to an 8+ story mixed-use (offices) building;

2. An updated and complete analysis of the advantages of selling the acreage used by city hall on its current location on Warburton;

3. The substantial increase in private investment after a city hall has been brought back to Downtown as evidenced by several other American cities studied by Reclaiming our Downtown;

4. Financial benefit of a "completed Downtown" to the tax revenue of Santa Clara
Sentiments for All Agenda Items
2 2
94 87
0 0
2 2
4 3
Oppose Neutral
0 0
4 0
0 0
0 0
0 0
0 0
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Ag enda Item: eComments for Closed Sess ion - 4:00 PM I Study Sess ion - 7:30 PM I Regu lar Meet ing - 8:30 PM Overall Sentiment
Jo Molina
Location:
■ Support(I 00'-~)
■ Opposci0 %)
■ Ncutral(0,~)
No n c5ponsc{0•,;,)
Submitted At: 3:50pm 04-19-22
Re: Closure of the Youth Activity Center building: Where will these kids go after school? Has research been conducted to determine the ramifications to youth development, crime rates, test scores, etc when crucial facilities like the YAC goes away?
Carter Fulhorst
Location:

Submitted At: 8:21 am 04-19-22

PLEASE READ THIS OUT-LOUD
The way I see it, we are just asking you to "know what you don't know." These folks found Six American cities that have benefitted from moving their City Halls back to their Downtowns. If tonight, you pass or vote no on putting this on the next agenda, you are telling us that you don't want to know. Voting "no" on putting this on the next agenda is voting yes for ignorance on what is the best location for our future City Hall.

Agenda Item: eComments for 4.E 22-225 Act ion on an Ag reement Between the Santa Clara Unifie d Schoo l Distr ict and th e City of Santa Clara Perta ining to the Operat ion , Maintenance and Improvemen t for Publi c Recreational Purposes of Build ings and Open Space Areas at Cabr ill o M idd le Schoo l
Overall Sentiment
Support(92;C)
■ Opposc(4%)
■ Ncutrol(0%)
Gabriel Dominguez
Location:

No Rcsponso(3',~)
Submitte A : 10: 19pm 04-19-22
To this day I s · av~sS:~Jll1~Ptions with staff that I made growing up. Wonderful people and wonderful organizati , YJ.'a).:ik,,caswle model after-school program for the youth. It is both a fun and safe place for kids to learn and grow, anallt"W5\:Jld be a shame if that were to end.

Mo n csponsc!:3%)
Colin Lim
Location:

Submitted At: 9:36pm 04-19-22
Most of my fondest childhood memories were made at the YAC. I spent most summers of my childhood there, and it would be a shame for such a vital community treasure to be let go.

The YAC was one of the few places in my life where I felt I had a community I could always return to and visit and feel welcomed, and I think every child growing up in Santa Clara should have the chance to benefit from the YAC.

I still keep in touch with some of the people I met at the YAC 14 years ago. Save the YAC! Daryl Vergonio
Location:

Submitted At: 8:44pm 04-19-22
The Youth Activity Center aka YAC has been here for many years and serves the community with many programs for kids to enjoy. Most of the programs lean toward bettering today's youth. Location is key and is why many flock to these facilities. Easy access. If taken away, you are basically taking away the future of our youth. The YAC needs to stay!
Sonia Souza
Location:

Submitted At: 8:14pm 04-19-22
The community at the "YAC" is a place that parents trust and send their children knowing they are in a safe space. The YAC staff is part of my family and has been for almost 20 years. My children now attend the Youth Activity Center, and my hope is that they will be able to continue to attend "Kids Rock" and "Summer Camps". The community is dependent on the YAC and their wonderful staff! Brian Camarao
Location:

Submitted At: 7:55pm 04-19-22
Great people and location. It would be sad to see this come to an end.

Alexander Rios
Location:

Submitted At: 7:51 pm 04-19-22
My family has worked and participated in many of the programs and events the YAC/Teen Center has provided.

Much of our programs have and still create a positive impact on our youth participants and the community of Santa Clara. Many of the comments you here today will prove how the YAC has created a safe and memorable place, which has shaped our lives today. Taking our facility away is a step closer to eliminating our programs entirely.

Kirby Exciminiano
Location:

Submitted At: 6:59pm 04-19-22
Ive been going to the YAC since I moved to Santa Clara from the Philippines. I've made so many friendships throughout my time as a YAC/ Teen Center participant. I'm currently part of the Recreation Staff there and I love giving back the same love and energy as my former leaders did back then. Removing the YAC/ Teen Center is definitely a slap in the face to the children and their families and everyone who loves this place Amira Is
Location:

Submitted At: 6:55pm 04-19-22
We need miss places like this for our youth!
Mary Jane Sager
Location:

Submitted At: 6:51 pm 04-19-22
I attended the YAC programs and classes a youth in Santa Clara as did my daughters. The YAC has always been an integral part of our community for youth and adults! I am in support of keeping the YAC and it's programs! Deanne Martin
Location:

Submitted At: 6:50pm 04-19-22
We love The YAC. My kids went there every summer. Don't know what I would have done without it. Great facilities. Great staff. Great location. Easy to get to. I would hate to see Santa Clara kids miss out on this resource.

Michael Cruz
Location:

Submitted At: 6:33pm 04-19-22
I worked at & attended the YAC for 16 years. A father of 2 now, I can't emphasis how beneficial the after school program is. It impacts many families' lives daily. That doesn't include additional programs, & events, or the bonds that are created among employees. I am fortunate enough to have been impacted by the leaders of my youth, & to have been one of them. If an agreement can't be made from a city in the heart of SV to foster future generations of youth, then clearly something is wrong.

Rebecca Contreras
Location:

Submitted At: 6:30pm 04-19-22
Starting as a participant in the program to becoming a part of the staff, the YAC has molded me into the person I am today. Considering the constant changes in the world around us, it is SOOO important to provide a safe space for the youth in our community. Getting rid of the YAC would be such a disservice to our kids.

Bella Jimenez
Location:

Submitted At: 6:24pm 04-19-22
The YAC is a crucial part of the lives of many in Santa Clara.The YAC provides services for the youth including homework support, exercise opportunities, and community service events. Also, there are many opportunities for volunteering within the programs. Individuals may be leaders in training or participate in volunteering through the various events held by the YAC. Overall, it is crucial that the YAC remains available for the future generations to thrive in a safe and supportive environment.

Sara Alim
Location:

Submitted At: 6:14pm 04-19-22
The YAC is safe place for the children, please keep the program up.

Stephanie Barnes
Location:

Submitted At: 6:10pm 04-19-22
As a Santa Clara native.I've had the tremendous opportunity to have experienced the YAC and Teen Centers as a participant, and also as a part of the the Recreation staff. The influence the "YAC family" and it's programs on me has been immeasurable and has ultimately driven me towards a continued career in civil service. Now as a new parent, I've looked forward to my son also having the same opportunities and memories. A loss in these facilities would be a huge loss to our community.

Morgan Yee
Location:

Submitted At: 5:46pm 04-19-22
The YAC supports the families of our city, provides a great place for our community to come together.

JP Atchade
Location:

Submitted At: 5:38pm 04-19-22
The YAC supports families. This is especially true for the families with busy parents who work around the clock to provide for their young ones. The YAC provides active support for our youth. Turning our back on the YAC is turning our back on the future. Support the YAC.

Kenneth Gan
Location:

Submitted At: 5:36pm 04-19-22
The YAC and it's staff are an integral pillar of the community. As a Santa Clara resident, former LIT, and former recreation leader, I know first hand about the impact of YAC on the community. The programs and services provided to the residents by the YAC, Teen Center, and skate park are vital to the development of the city's youth.

It provides a opportunity for young kids to learn and grow in a safe and stable environment. Working for the YAC and Teen Center shaped me into the person I am today
Johnny Carmack
Location:

Submitted At: 5:19pm 04-19-22
The YAC, and its staff, were instrumental and foundational in my upbringing. Starting as a 3y in YAC programs to being a 22Y employee. For almost 20 years, the YAC has been a second home for me. The programs and people of the YAC helped instill the positive and healthy values I have Today. The YAC is more than a building, its a family. No matter who you are, the staff, namely Gayle and Oba, treat everyone with love and care. The YAC is the responsible for shaping me into the person I am today.

Edgar Navarro
Location:

Submitted At: 5:16pm 04-19-22
I went to the yard all 3 years of my middle school and it's a great place and I don't understand why they wanna take it away. It has everything for everyone from sports to help with homework and so much more. It's always a fun place to be and I don't understand why they want to take it away. Keep the yac/teen center open !!

PAM CEE
Location:

Submitted At: 5:04pm 04-19-22
The world needs more of what the YAC provides - a safe, positive, fun and supportive environment for the youth.

This is what the Youth Activity Center and the staff provide to the kids and families in our community. It would be a travesty to take this away. The services and the current location of the YAC should be expanded to continue to nurture our youth as they are the key to the future of the city and community! Victor Padron
Location:

Submitted At: 4:54pm 04-19-22
The YAC was such a pivotal part of my life. Not only did I grow up going to the YAC every year as a kid, but as soon as I could, I started to work there as an after school program leader for 7 years. The YAC leaders were always role models and mentors to me and I wanted to return the favor. The YAC is a safe haven for so many kids who otherwise wouldn't have anywhere to go after school. We must preserve and continue to support the impact the YAC has had on our youth community for so many years.

Hannah Lane
Location:

Submitted At: 4:51 pm 04-19-22
Please keep the YAC and teen center open. I have been coming to the YAC and teen center since 6th grade and I love it here. I can make friends and talk to leaders when I need help. I feel safe at the yac and like to come here after school. I can also do my homework or activities that they have here. I can't imagine not being able to come here to hang out after school. Please keep the Yac and teen center open for all of us kids. It's a really good place.

Please keep it open.

Alexandra Murillo
Location:

Submitted At: 4:44pm 04-19-22
As the first chair of Santa Clara's youth commission back in 1995 the YAC was a only a vision at the time, the dream being advocated by the youth of Santa Clara that finally came to reality years after my term. 30 years later, It is now the home away from home for my own kids who spend their after school time there and count down the time until they can work there as a leader in training. The YAC is a sacred space - it was developed for youth, by youth, serving youth. YAC shouldn't be attacked.

Jordan Lane
Location:

Submitted At: 4:39pm 04-19-22
During middle school I would go to the Yac everyday after school, it was always a good and fun place to be.

Whether it is playing sports with friends, participating in the mini games the yac leaders set up, or just hanging out, the yac/teen center has got something for everyone to be apart of. The Yac is an amazing place and should definitely remain open.

Dylan Lane
Location:

Submitted At: 4:36pm 04-19-22
The yac is a great place with great staff that gave me the opportunity to have fun and make friends all 3 years of middle school. Whoever is trying to close it needs to be fired from their job. Keep it open! Stacy Lane
Location:

Submitted At: 4:30pm 04-19-22
My 3 kids have all gone to the YAC after school for the last several years. It's such a great place with amazing leadership and a healthy & safe place for teens to hang out. Santa Clara is supposed to be a family town and our kids are supposed to be a priority. I can't imagine why you would even consider closing the YAC! It keeps our kids off the streets after school & healthy place to hang out/do homework etc. We're grateful for the YAC - it needs to remain open. Put our kids first! Stay open!!
Kelly Greenia
Location:

Submitted At: 4: 19pm 04-19-22
It's super important for kids to have a safe space they can call their community. It's a place that they can learn, grow connections, and great positive memories.

Conner Leachman
Location:

Submitted At: 4: 1 0pm 04-19-22
The YAC is an integral part of the Santa Clara community. Having worked at the YAC, I have personally seen the impact the YAC has on youth participants and how many participants look forward to attending all of the YAC events and programs. Former participants come back to work volunteer at the YAC because they want to make an impact just like their former Rec Leaders did for them. Working parents know their kids are having a safe and positive experience at the YAC too. The YAC is like family! jack leung
Location:

Submitted At: 4:02pm 04-19-22
Please keep funding the YAC. The YAC was a part of my childhood growing up. I think its important because it is a recreational center that provides a safe space for children to work, play, and socialize after school.

Kevin Luu
Location:

Submitted At: 3:59pm 04-19-22
I support to keep this center open and funded.

Keila Mah
Location:

Submitted At: 3:59pm 04-19-22
The YAC is invaluable to the community, plain and simple. There are so many programs throughout the year that provide children with a fun, safe space, and nothing can come close to replacing what they've done for the last 30 years. I was fortunate enough to work as a recreation leader at the YAC for five years and I learned skills that helped me become the teacher I am today.

Jo Molina
Location:

Submitted At: 3:45pm 04-19-22
The Youth Activity Center has been a cornerstone to the Santa Clara community for thousands of kids across multiple generations. The dedicated staff and vital programs of the YAC have provided kids a safe place to get support for their school work, foster their love for activity, and most importantly, has kept these young people off the streets.

Esmeralda Navarro
Location:

Submitted At: 3:30pm 04-19-22
I can't image not having the YAC & Teen Center be part of the community! As a kid it was a place my siblings and I were able to go to after school since both our parents would work late. And now, working as a leader I can say that the YAC really is a important place for a lot of kids and their families. We're here to bring joy, happiness and a lot of fun to a lot of people and taking it away would be devastating! Please consider supporting ! Philip Bangot
Location:

Submitted At: 3:30pm 04-19-22
The YAC and Teen Center are pillars of our Santa Clara Community. As a participant, former staff member and now parent I cannot express how grateful I am for the youth programs that are being offered to the community.

The free after school program is the only, the best and the safest place where all Santa Clara children have access to recreational play, homework support, and overall care. PLEASE provide for the community and our youth by supporting the YAC! It is integral to our community.

Justin Fujihara
Location:

Submitted At: 3:27pm 04-19-22
The Youth Activity Center/Teen Center have a distinguished identity and service to the community. Their programs reflect the positive impact on our neighborhoods. Their staff provide a fun and safe environment. Their events draw enormous popularity that the community attends annually. We must preserve what they have offered over the years. This is a commitment to our community. It will also provide jobs and opportunities of these programs. We must support the YAC/TC so our community may thrive.

Kyle Stern
Location:

Submitted At: 3:27pm 04-19-22
Please continue to allocate resources and to fund these much needed programs.

Harleigh Perry
Location:

Submitted At: 3:25pm 04-19-22
I spent every summer at the YAC since I was 5 years old. Not only did I make lifelong friends, but I was also given access to the support system created by the leaders at the YAC. Walking into the YAC I was always greeted with overwhelming love from the staff, making me want to in turn provide that for others. When I became of age, I was an LIT then a leader. The YAC Staff are a family. They make genuine differences in the lives of others, please let them continue to work their "YAC magic"
Stephanie Bangot
Location:

Submitted At: 3:21 pm 04-19-22
As a Santa Clara resident, 1) I grew up attending youth programs at the YAC- to learn and connect with my peers, 2) and it had such an impact that I started my career at the YAC- learning professionalism, empathy and hard work, and 3) now as a working parent I send my child to after school program and special events/youth programming in order to develop and play in a safe environment. The YAC is a huge part of the community and a special place for the participants and their families.

Sharlyn David
Location:

Submitted At: 3: 11 pm 04-19-22
As a participant, I remember being in awe that the YAC provided great resources and activities to children of wide age ranges. The YAC is where I had the best childhood memories and ended up working there for about 6 years.

I have met some of the best people who are still in my life today.

Christian Fitzpatrick
Location:

Submitted At: 3:05pm 04-19-22
Growing up in Santa Clara the yac and teen center have always been an important place. It has helped so many families and has such a positive impact on the community. Please keep the program up and running! David Sanchez
Location:

Submitted At: 3:03pm 04-19-22
The YAC and Teen Center have served as fundamental pillars within the Santa Clara community. Both have been a safe haven for kids throughout several generations.

Both buildings have served as vital resources to the development of our youth. Living my whole life in Santa Clara, I've seen more and more resources being ripped away from our youth, who in all, are the future we must invest in.

The financial-forward agenda the city has becomes more and more apparent. Please consider our youth! Greg Yee
Location:

Submitted At: 2:58pm 04-19-22
The Santa Clara Youth Activity Center and Teen Center is a great and critical aspect to our community. The staff is outstanding and ensures there is a safe and nurturing afterschool environment that is crucial to the positive development of our children. Additionally the YAC provides outstanding extracurricular and summer programs that further enhances the community relationships and provides motivation for much needed physical activity for our kids. Please keep the program funded and running.

Patty Atherton
Location:

Submitted At: 2:56pm 04-19-22
The YAC/Teen Center is a great program that needs to continue. Both of my kids went there and received help on homework, had a great time interacting with the YAC leaders and other students.

The Leaders and Staff were awesome, very respectful and worked with the kids keeping them safe and making sure they had a great time. As a working parent , I truly appreciated both the YAC and Teen Center.

Please don't take this away from the kids!
Jimmy Nguyen
Location:

Submitted At: 2:50pm 04-19-22
YAC has always played an important role in my life. I have a lot of good memories and learned some life lessons.

It was a secure place for me to be myself, a place where I could hang out with all of my friends. I would not be where I am now if it weren't for YAC and the role models who were like family.

Kim Briseno
Location:

Submitted At: 2:40pm 04-19-22
I don't understand why this would even be something that is being taken away. This place has helped the community in so many different ways
Tyler Furusho
Location:

Submitted At: 2:34pm 04-19-22
The YAC and Teen Center was always a second home to me growing up in Santa Clara. Years later as a current employee I see firsthand the joy and positive influence it brings to these kids and community. It would be a travesty to take that away from them. Keep the YAC and programs alive! Kris Gabriel
Location:

Submitted At: 2:20pm 04-19-22
The YAC has been around ever since I was a kid. It's a place for kids to interact with friends and socialize with one another. It has offered programs and services that benefited the community throughout the years. I can't imagine it being gone. Please keep the program running! Jason de Runa
Location:

Submitted At: 2:16pm 04-19-22
The Santa Clara Youth Activity Center has fostered strong connections and belonging in our neighborhood. When we moved to Santa Clara ten years ago, the center provided invaluable support and activities for our kids and family. Without the YAC, we would lack a safe environment for our children, we would lose a place for our youth to extend their learning beyond the classroom, and so much more.

Andrew Knaack
Location:

Submitted At: 1 :54pm 04-19-22
So many of my primary life skills have had formative moments at the YAC/Teen Center, from teamwork in youth basketball to leadership skills I learned planning events at the Teen Center. The City staff, including Rich, Gayle, and Jon, puts tireless energy into providing these quality programs to students, accessible to all. This is a win-win partnership. I felt supported as a resident and a student when I found my second home at the YAC/Teen Center.

Please support the new agreement.

Ryan Miceli
Location:

Submitted At: 1 :52pm 04-19-22
How can we be considered one of the greatest city's in the world if this is even a topic of conversation.

The skills and development the youngsters get at these centers help create an umbrella of growth of success for not only themselves but our community.

Chris Gan
Location:

Submitted At: 1:47pm 04-19-22
As a Wilcox alumnus from 2009, the YAC/Teen Center provided a safe and reliable spot for myself and classmates after-school. I believe the facilities should continue to be used to provide events, camps, and after­ school activities for the community.

Chris Hosoda
Location:

Submitted At: 1 :36pm 04-19-22
Growing up as a regular participant of the Teen Center and YAC, the place becomes like a second home and the staff are family. Immediately after graduating high school I was hired and worked at these facilities for 13 years. I know first hand how important these places are for the development and support of the youth in our city. Every year there are countless new and returning kids who look forward to the positive interactions and support from the staff. It would be a true tragedy to let it go.

Ross Campo
Location:

Submitted At: 1 :36pm 04-19-22
The YAC has always been a safe and fun place for the youth to attend. I worked at the YAC for 6 years and met a lot of incredible people. Personally, I can tell you the positive impacts that the YAC has on the youth. I support the YAC and please let the YAC continue to run it's programs! Eva Rosa
Location:

Submitted At: 1:36pm 04-19-22
The YAC is a staple in the community. It is a safe place for kids to go to after school where they have supervision and help with homework. The YAC provides several activities and help children gain valuable friendships and teaches them good sportsmanship. We are lucky to have a place like this where are children can go while we are at work and know that they are safe and well cared for. The community will not be the same with out our youth activity center.

Roger Chung
Location:

Submitted At: 1 :33pm 04-19-22
The Santa Clara Youth Activity Center and the Teen Center is a staple in the community. It is now being stripped away by the Santa Clara Unified School District. The City of Santa Clara has provided a safe space for the kids after school, events for families, sports camps during the summer, and programming for all-ages in the community for years. We are an inclusive and diverse city and to not have the Youth Activity Center or Teen Center be available would be a shame. Do better and support.

Samia Abbasi
Location:

Submitted At: 1 :29pm 04-19-22
I was a Santa Clara Youth Commissioner from 2012-2016, and the Teen Center/YAC has been such an important part of my life. They provide fun, creative, and enriching programs for teens of all backgrounds, a safe place to be after school, and an irreplaceable sense of belonging at such a crucial time in young adults' lives. I am so grateful for the staff's passion and dedication throughout the years and truly hope this resource continues on for many teens to come.

Don Pablo
Location:

Submitted At: 1 :26pm 04-19-22
Wtf we gotta vote for this? This programs help kids with their developmental processes and taking this away is plain stupid. Part of human development is interacting with others and playing with others. Many parents bring their kids to places like for social interacting and support from the school district.

Victor Ngo
Location:

Submitted At: 1 :15pm 04-19-22
The need to feel secure and stable at home is important to everyone, but children especially. Having a place like the YAC where they are socially, physically and emotionally secure is essential for healthy development.

Desirae Pica
Location:

Submitted At: 1 :09pm 04-19-22
The YAC is a safe and essential space for children and families. After school program provides homework help, activities, and care for working families. Without the YAC, our community would lose a major resource, and it would hurt families who truly need it most. The YAC has also been impactful to our city by providing classes for youth, jobs for our local community, and traditions. As a life long resident, it would be detrimental to our community to lose the space.

Conner Young
Location:

Submitted At: 1:08pm 04-19-22
Most parents nowadays work and are unable to take the summer off. The YAC provides a safe place where parents can drop there kids off for the day to play games, socialize, go on field trips, be creative, be active, and most importantly have fun. The YAC is crucial to the development of kids in the community and it has helped shape me into the man I am today and if it weren't for the YAC i would not have met some of my closest friends today.

Molly Aufdermauer
Location:

Submitted At: 1 :05pm 04-19-22
Please support the agreement and extend the YAC and Teen Center programs. Our kids have loved the services provided by these centers, and we are proud to live in a city that offers these kinds of programs to the community children. If anything, the program should be expanded to include sites near other schools as well.

Jerry Nguyen
Location:

Submitted At: 1 :03pm 04-19-22
YAC has always been part of my life. I had great memories and life-learning experiences. It was a place where I felt safe to be who I am, a place where I can hang out with all my friends. I always believe that there were many mentors that have helped me get to who I am. If it wasn't for YAC and the role models I would have not gotten to be where I am. Because of YAC I am now working in the Recreation Field and graduated with a BA in Recreation.

YAC was not only a place but it is a FAMILY.

Deion Willcox
Location:

Submitted At: 12:56pm 04-19-22
Growing up in Santa Clara, the YAC has been down the street my entire life. I would go after elementary school, middle school, and in high school they gave me my first job. I still go there to this day to maintain the relationships I made as a young adult. To rob others of that opportunity would be an injustice to Santa Clara. You don't need to go there as often as I did to see how special that place and their employees are to the community.

Angela Chastain
Location:

Submitted At: 12:49pm 04-19-22
The YAC and Teen Center has been a huge staple that has always brought together the Santa Clara Community.

Students and alumni alike have all been affected by the positive influence and experiences both centers have provided. Not only has both centers helped thousands of individuals both past and present, they also provided once in a lifetime experiences and assistance that no one can learn in a book or classroom. To close both centers down is to close the future generation's potentials.

Eleazar Manalo
Location:

Submitted At: 12:36pm 04-19-22
I grew up in Santa Clara and frequented the YAC throughout my middle school and high school years. I later joined the YAC as a rec leader immediately after high school and witnessed first hand other generations continue to enjoy the YAC just as I did. I honestly can say that the experiences and friendships I gained there has shaped who I am today.

Tyler Young
Location:

Submitted At: 12:33pm 04-19-22
I grew up going to the YAC every summer as a kid/ teen. The YAC was formative to my development as it kept me out of trouble while my parents had to work, it taught me social skills, kept me active, and gave me life long friends that became family. I hope the YAC is around when I have Kids so that they can have the same experiences that I had.

Nicolas Cabrera
Location:

Submitted At: 12:28pm 04-19-22
As a former SCUSD and YAC employee, I have seen first hand how the YAC has positively impacted the life of children from all around the community. The YAC is a safe space for children to open up with the encouragement of positive role models. It's an environment where children can create friendships and transition into a social space that may not available elsewhere. The YAC is a place kids could go to for supported. Let's not take away a program that positively impacts our community's children! Takashi Makino
Location:

Submitted At: 12:27pm 04-19-22
The Santa Clara youth activity center has and will always play a pivotal role in the community. Over the years as a former employee, I have seen the youth grow to be amazing young adults through the support of the youth center. Everything from after school programs, summer camps, and mentorship. Truly this facility supports the youth community in such a way where children/teens have a safe space and an environment to grow and learn.

Rose Partolan
Location:

Submitted At: 12:07pm 04-19-22
As a former YAC employee (20 yrs), I witnessed first hand participants become employees, then parents of future YACsters. YAC after school program & open gym is a fun, safe place for kids of all ages & abilities. It also provides volunteer & job opportunities for SC youth. The City & SCUSD always had a good working relationship that included mutual respect for program needs; good communication was a priority. I hope that relationship will continue for the benefit of SC youth.

Michael Carson
Location:

Submitted At: 12:01pm 04-19-22
The Santa Clara Youth Activity Center is a great place for kids. It provides kids with a fun and safe environment to participate in activities and connect with others after school. The YAC is a wonderful asset to the community of Santa Clara.

Sevrina Ciucci
Location:

Submitted At: 11:57am 04-19-22
The YAC has been a community staple for years. Both my daughter & grandson have utilized their facilities. As a single working parent the YAC was a crucial need for my family years ago & still is for my grandson. He looks forward to going to the YAC after school & always wants to be signed up for kids rock. Their community activities from Halloween to Christmas are amazing and we need them to continue providing safe after school spaces for kids.

Brian Pacheco
Location:

Submitted At: 11 :54am 04-19-22
Growing up with a single mother, the YAC and Teen Center were incredible programs that were not only affordable for someone in my position but also built a positive environment for many. I would stay late at school until 7pm or later to get picked up. These programs gave me a safe place to wait, introduced me to activities that I still love and practice today and helped me meet amazing staff and friends that curved my life toward a positive path. Closing this program would be a mistake.

Brian Chan
Location:

Submitted At: 11 :53am 04-19-22
I volunteered at the YAC and watched hundreds of kids come to participate in sports and summer camps, dances, and other social and arts classes. The YAC offered a safe place for these kids to gather and the leadership and staffing were always focused on serving the needs of these kids. As I've moved away and now have children of my own, I always feel let down that our local community does not offer anything like the YAC has all of these decades. Please continue to support this precious resource.

Edgar Manalo
Location:

Submitted At: 11 :45am 04-19-22
I grew up as a participant going to the YAC, and then worked there for over 5 years. The YAC is a special place to me where I literally grew up and met incredible people and made everlasting friendships. I have no doubt many people will have similar stories to share of how the YAC was a safe and positive place for them. I support the extension between SCUSD and City of Santa Clara.

Jeffrey Rosenfeld
Location:

Submitted At: 11 :44am 04-19-22
The YAC and Teen Center are necessary safe spaces for the children of Santa Clara to go to after school and locations for camps during the summer. When there was not an after school program at our elementary school for our child to attend, the YAC was there to save us. We will forever be indebted to the YAC and the amazing staff that work there.

Jeffrey Nguyen
Location:

Submitted At: 11 :42am 04-19-22
When you think of LA, you think of Disneyland. When you think of Santa Clara, you think of the YAC. This program always ensures it is ''The Happiest Place On Earth". From their events, to their after school program, Everyone that has entered those doors, have created great memories. This is a place where participants grow into Leaders, and Leaders learn life skills/experiences.

The YAC is not just for the youth, but for the community. So, if you get rid of the YAC, you get rid of Disneyland.

Ryan Shields
Location:

Submitted At: 11:39am 04-19-22
I am shocked that SCUSD is trying to take away a community treasure like the YAC. The YAC provides a safe place for kids to go (our school doesn't have a valid after school program), it also provides enrichment activities and leadership opportunities which SCUSD does not provide and in fact have privatized. Do not get rid of this city treasure.

Audrey Shiomoto
Location:

Submitted At: 11 :25am 04-19-22
I grew up spending my summers at the YAC and they are some of my fondest childhood memories. Through my time at the YAC I learned sportsmanship, team building, and so much more, all while being active and engaged.

The YAC offers things to children that no other program I have been in has been able to I loved this program so much I went back as an LIT when I was old enough to build my leadership skills. Please let other children have the wonderful experince that I did at the YAC.

Jeramie Desoto
Location:

Submitted At: 11:11am 04-19-22
For decades the YAC has been an incredible place for kids to mature socially and as individuals. I am an adult now and I will always cherish the memories, lessons, and opportunities the YAC has given me and others like me who were able to have this "second home" since elementary school. I believe that if approved Santa Clara recreation programs can continue to benefit the youth and therefore the future of our community.

Richard Chung
Location:

Submitted At: 10:59am 04-19-22
To some the YAC & Teen Center are just facilities, to others like myself these walls have become a home. As a lifelong Santa Clara resident I grew up in these programs at the YAC and eventually my first job. As a recreation leader I was able to obtain lifelong skills, friendships, and experiences that should be experienced by the Youth of this city. I support to keep Santa Clara's YAC programs to continue for our youth, families, and our future! Please continue the programs for our city!
Michelle Shoji-Lee
Location:

Submitted At: 10:55am 04-19-22
The YAC is an unparalleled, essential community support and enrichment venue without which many parents would not have childcare or access to affordable youth enrichment programs. Summer camps, break camps, holiday events, after school care they do it all with such JOY. If you truly support your community, you will support, fund, do whatever it takes to keep the YAC running full tilt.

Jefferey Harvie
Location:

Submitted At: 10:52am 04-19-22
You will never build or find another program as beneficial and successful as the YAC. The life lessons and experiences learned from such an amazing program stay with kids through adulthood. Getting rid of such an amazing program only hurts the City of Santa Clara. There is no significant benefit that outweighs the consequences. The YAC defines the City of Santa Clara. Who wants to get rid of such a beneficial program for families and kids that call the City of Santa Clara their home? Beverlee Go-Fradera
Location:

Submitted At: 10:45am 04-19-22
The YAC provides vital services to the community because it is a safe place for children to stay at after a school , where they can do their homework and play. These are very hard times for families , with both parents needing to work and after school program costs skyrocketing . The YAC is an affordable safe place for our kids . Please keep this program as families rely on the YAC very much ! Jeremy Hinton
Location:

Submitted At: 10:45am 04-19-22
The YAC is such an important part of the community. The after school program helps so many families. hard working families that can't afford traditional Healthcare. Our YMCA program at Bowers had limited space, and we didn't find out til the first day of school. Without YAC many parents would have been in a bind. My son has used it all year, no issues. He loves the staff, wants to go to all of the events and made new friends. Please don't make any changes.

Shannon Shimada
Location:

Submitted At: 10:37am 04-19-22
The YAC provides programming to youths throughout Santa Clara. The after school program has been servicing youth and teens of Santa Clara for over 30 years and low income families can utilize the free program to safely monitor their kids allowing parents to work. The memories that the participants at the YAC leave a long standing impact as many part-time staff were previous participants. I hope the city can continue to provide programming to the youth in Santa Clara through the Teen Center.

Ervin Nixon
Location:

Submitted At: 10:34am 04-19-22
My child attends Scott Lane Elementary and the after school program at the YAC. Scott Lane does not offer enough spaces for after school care so it is amazing that my child can attend the YAC. My family relies on the facility and all it offers on a daily basis. The YAC is affordable, reliable and provides a safe place for children after school. My son loves going to the YAC & spending time with the staff. Taking away this programs space would be detrimental to working families in the area.

Erin Harvie
Location:

Submitted At: 10:29am 04-19-22
I have made the mistake of choosing to oppose this in my last comment. I am writing to clarify that I support this. I am unable to edit my last comment. Again, I support this.

Kathleen Boughton
Location:

Submitted At: 10: 17 am 04-19-22
I can't say enough great things about the YAC and the staff! They are incredible! My children attend and are able to complete their homework and then socialize/play in a safe environment. The children need this space. They are our future!
Tiana Nixon
Location:

Submitted At: 10:14am 04-19-22
The YAC is a staple in the community. I attended the YAC when I was a SCUSD student and now my son attends the YAC. He looks forward to going to the YAC everyday. He loves the staff and is constantly raving about them and the activities. He gets mad when I pick him up to early. This program is essential for working parents. It's cost effective and provides a safe and fun environment for student after school who have no where to go. Do not take their facilities away
Greg lmahara
Location:

Submitted At: 10:12am 04-19-22
I made the erroneously made the wrong selection for my position below on my original comment. I support this. I cannot edit or change the original comment below, so I'm doing a separate comment to clarify my position. Thank you.

Greg lmahara
Location:

Submitted At: 10:02am 04-19-22
The YAC has been an incredible resource my kids have benefited from greatly. From the programs, events, summer camps and especially the leadership and staff have been made the city of Santa Clara shine. They have an outstanding organization. I was born, raised and still live here in Santa Clara and my kids have been going to the YAC. I can say that the importance of the YAC is critical to thr people of Santa. Think of the Latch Key kids or the working parents who need the YAC for their services Preston Caldera
Location:

Submitted At: 10:00am 04-19-22
The YAC is a special place. If you have participated in a YAC program, attended an event, or simply gone on a facility tour, this fact is self-evident. The YAC and its staff have positively impacted the lives of thousands. I can attest to this, growing up as a YAC participant and later having the opportunity to be a Recreation Leader. I am hopeful this new agreement will allow the YAC to continue to serve Santa Clara's youth and the community for the next decade and subsequent decades to come.

Erin Harvie
Location:

Submitted At: 8:19am 04-19-22
If you have never been apart of the YAC, then you will never know the true impact this program has on it's participants, workers , and parents. Especially when those workers and parents were once participants. The YAC provides a safe space for kids to have the opportunity to do things they might not have the chance to. The YAC also provides a space where kids can express themselves and continue to grow into themselves. The kids need the space. Moving to the TC will cause many conflicts and issues Agenda Item: eComments for 5.C Action on Request Submitted by Stadium Manager to Execute Agreeme nts Execute Second Amendment to Agreement with Bear Electr ical Solutions Inc. , for Levi's Nam ing Rights Existing Signage Light ing and Driver Repair CapEx Project and Agreements with HY Floor and Game li ne Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation , Inc. for Stadium Insulation Cap Ex Project and Approve Related Budget Amendment Overall Sentiment
Susan Hinton
Location:
■ Supp Mi0 %)
■ Opposo1 I 00%)
■ Ncu lral(0i,)
No Rcsponsc( 0%)
Submitted At: 9: 19am 04-19-22
Where are the details for this request? If this involves paying anybody then there should be legislative text and financial details. If this does not involve paying anybody, what is the Council being asked to do? But, frankly, the words "Approve Related Budget Amendment" imply money changing hands . Who approved putting this onto the agenda without supporting text?
Agenda Item: eCommen ts for 5.D Action on Request Submitted by the Stadium Manager to Incur Charges for the June 15-18, 2022 Event and Arena Market ing Conference in Minneapolis, MN and Travel for the May 28-29 Grupo Firme Concerts at SoFi Stadium in Inglewood, CA
Overall Sentiment
■ Su ppOll(0: .)
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No ncsponso{O%)
Susan Hinton
Location:

Submitted At: 9:27am 04-19-22
Where are the details for this request? How much will this cost? Is the cost part of the original agreement or does this involve a change to the original agreement? If this is a 2-part request, with costs buried in another agenda item, then this should be made transparent along with a summary of any and all cost increases attached to this agenda item .

Agenda Item: eComments for 8. 22-480 Act ion on a Response to a Written Request to Cover the Costs of City Services in Support of the Santa Clara Parade of Champ ions and the Cost of Facil itron Park ing Fees Overall Sentiment
■ Suppon 1 I 00' ~)
■ Oppo se(0¼)
■ Nculral(0%)
No n csponsc;o ~.;.,)
Andrew Ratermann
Location:

Submitted At: 8:36pm 04-19-22
I want to congratulate the Santa Clara City Council. Your support was critical to bringing back the beloved Parade of Champions to the City of Santa Clara. This event provides joy and entertainment to all ages and fosters a strong sense of community among our residents.

I expect and hope that Santa Clara will continue to lead, supporting the Parade of Champions, making us the envy of Silicon Valley. Thank you for continuing to support this remarkable community event. Andy Ratermann Agenda Item: eComments for 9. 22-531 Act ion on a Written Petition (Council Poli cy 030) Submitted by Nick Valencia Requesting to Place an Age nd a Item at a Future Council Meet ing to Discuss the future of the BMX track located on city property at 5451 Lafayette Stree t
Overall Sentiment
Leilani Dela Cruz
Location:
■ Suppo tt(I 00%)
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Submitted At: 5:04pm 04-19-22
Joey, Nick & Marisa put in a lot of blood & sweat making this track a top-notch facility for kids & all kids alike. Their work was always done with the utmost passion for the sport and the community. We & our son, Samuel (SCPAL poster boy #707) have always taken great pride in this facility. I urge you to please re-instate their positions & re­ open the track under USA BMX sanctions. Let's get Santa Clara back on the map for being one of the best places to race BMX! - Jeremy & Leilani Delacruz
Ryan Polli
Location:

Submitted At: 3:22pm 04-19-22
Our family has been traveling to SCPAL for years to rCe and with Nick Valencia at the helm, this facility went from one of the worst, to one of the best in the country. His (and his teams) understanding of the sport and his technical understanding of track building and maintenance have set SCPal BMX above and beyond. In 6 years, I have never seen an officer there to represent the PAL group, or a board member who was not a part of the operation team .

Age nd a Item : eComments for 10. 22-532 Actio n on a Writt en Petition (Council Policy 030) Submitt ed by Mary Grizzle on behalf of the Members of Reclaimi ng our Dow ntown are Reques ting to P lace an Agenda Item at a Futu re Counci l Meet ing to Discuss and Vote on the Curre nt Downtown Urban Planning Firm WRT to Study the follow ing 4 Finan cial Benefits of Mov ing City Hall to a Location within th e 8 Blocks of the Original Down town (Lafayette Benton Monroe Homestead ):

1. The financia l benefits and construct ion saving s of mov in g city hall to an 8+ story mixed -use (offices ) building;

2. An updated and comple te ana lysis of the advantages of sell in g the acreage used by city hall on its curren t l oca tion on Warbur ton;

3. The substant ial increase in private investment after a ci ty hall has been broug ht back to Downtown as evidenced by several other American cities studied by Reclaiming our Downtown ;

4. Financial benefit of a "completed Downtown " to the tax revenue of Santa Clara Overall Sentiment
Jim McNamee
Location:

Suppor1(75~,~)
■ Opposo1oi,1
■ Mcut,al(0%)
No ncsponso(25c,:,)
Submitted At: 11 :45pm 04-18-22
This group has spent over a year doing the work that this City should have done : Calling other cities that have the same issue: an aging City Hall. The volunteers did it for free. They did it because they want to understand where and how City Hall could be reborn that adds the most VALUE to the City and its citizens I am asking you to put this on a future agenda and VOTE YES to study these critical ways to save and make this city money WHEN it's time to rebuild City Hall.

Carter Fulhorst
Location:

Submitted At: 7: 11 pm 04-18-22
We are just asking you to "know what you don't know." The City is already studying the "best location for its next City Hall." These folks have found Six American cities that have benefitted from moving their City Halls back to their Downtowns. If tonight, you pass or vote no on putting this on the next agenda, you are telling us that you don't want to know. Voting "no" on putting this on the next agenda is voting yes for ignorance on what is the best location for our future City Hall.

Donna West
Location:

Submitted At: 11 :25am 04-16-22
Testing this e-comment system with the city council. See email to read.

Frank Lemmon
Location:

Submitted At: 9:36pm 04-15-22
Santa Clara has the special opportunity to develop its historic Downtown district. The Reclaiming Our Downtown citizen's group has conducted research on four American cities, and in each case learned that having City Hall in the Downtown district was a win-win. This is because economic vitality results from daytime business, dining, and shopping activities, which switches to after-hours dining and entertainment. Furthermore, the parking garage is effectively utilized during these periods, too.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-668 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Action on February 15, 2022 Special Joint City Council and Santa Clara Valley Water District Meeting Minutes

COUNCIL PILLAR
Enhance Community Engagement and Promote Transparency

RECOMMENDATION
Approve the meeting minutes of February 15, 2022 Special Joint City Council and Santa Clara Valley Water District.

City of Santa Clara Printed on 5/5/2022Page 1 of 1
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BOARD OF DIRECTORS MEETING

MINUTES

SPECIAL JOINT MEETING WITH CITY OF SANTA CLARA
TUESDAY, FEBRUARY 15, 2022
5:00 PM
(Paragraph numbers coincide with agenda item numbers)
mo:0315a-mn 02/15/22
1 1. CALL TO ORDER:

A Special Joint Meeting of the Santa Clara Valley Water District (Valley Water) Board of Directors, and the City of Santa Clara Council (Council), conducted by Zoom Teleconference, was called to order in the Valley Water Headquarters Building Boardroom at 5700 Almaden Expressway, San Jose, California, at 5:00 p.m.

1.1 Roll Call.

Valley Water Board Members participating by teleconference were Barbara Keegan, Gary Kremen, and John L. Varela, with Tony Estremera, Nai Hsueh, and Richard Santos, being present in the Boardroom.

Director Linda J. LeZotte, arriv
ed via teleconference as noted below.

City of Santa Clara Council Members participating by teleconference were May or
Lisa M. Gillmor, Vice Mayor Sudhanshu “Suds” Jain, Kathy Watanabe, Raj Chahal, Karen Hardy, Kevin Park
, and Anthony J. Becker.

Valley Water staff in attendance was M. King, Clerk, Board of Directors. Valley Water staff
participating by teleconf
erence were R. Callender, Chief Executive
Officer, C. Orellana, District Counsel, J. Aranda, A. Baker, R. Blank, S. Bogale, R. Chan, V. Gin, L. Hoang, L. Orta, M. Richardson, D. Rocha, K. Struve, D. Taylor, S. Tippets, B. Yerrapotu, and T. Yoke.

City of Santa Clara staff participating by teleconference were D. Santana, City Manager, N. Nader, Assistant City Manager, N. Pimentel, Assistant City Clerk, S. Mehta, C. Mobeck, M. Liw, M. Pineda, and G. Welling.

1.2 Pledge of Allegiance/National Anthem.

Ms. Glenna Brambill, Valley Water Management Analyst II, sang the National Anthem.
.93;2658Ā/8<479:4Ā1.*Ā/' #,/'#Ȁ)/(,Ȁ$!)&Ȁ(,'#Ȁ%, 0+/%"+$ - Valley Water
mo:0315a-mn 02/15/22
2 1.3 Time Open for Public Comment on any Item not on the Agenda.

Chairperson Kremen declared Time Open for Public Comment on any Item not on the Agenda.

Director LeZotte joined the meeting via teleconference.

Eight statements expressing support for the City
of Santa Clara Police Athletic
League (PAL) Bicycle Motorc
ross (BMX) Track to be re-opened were received
from Ms. Melanie Harris
, Ms. Tammy McDonald, Ms. Cass Couran, Mr. Jason
Perkins, Mr. Brian Jenkins, Ms. Shey Cante, Ms. Theresa Escoval, and Mr. Tory Neuman, Sa
nta Clara residents.

Ms. Nora Pimentel, Assistant City Clerk, acknowledged receipt of an e-comment from Mr. Kevin Ruffin, Santa Clara resident, and read it into the record as follows:
“Santa Clara County Mask Mandate: This mandate should be removed and masks should be optional. We wore masks through Delta-Surge and Omicron Surge, and it didn't do a thing. The shots that we have gotten while keeping you out of Intensive Care Units are not vaccines, they don’t prevent spread or build immunity. Even knowing that, it is very clear from 2 years of mask wearing, and pushing people to get shots, it is time to end the
mask mandates like everyone
else is doing. Why does Santa Clara County have to be subject to this?”

1.4 Introductions/Opening Comments.

Chairperson Kremen and Mayor Gillmor participated in introductions and opening comments.

2. TIME CERTAIN:
5:00 PM

2.1 Receive Information on Drought and Water Supply Conditions, Future Planning Update, and Call for Conservation.

Recommendation: Receive Information on Drought and Water Supply Conditions, Future Planning Update, and Call for
Conservation.

Mr. Aaron Baker, Valley Water Chief Operating Officer, reviewed the information on this item, per the attached Board Agenda Memo, and reviewed the information contained in Attachment 1.

The Board and Council noted the information without formal action. .93;2658Ā/8<479:4Ā1.*Ā/' #,/'#Ȁ)/(,Ȁ$!)&Ȁ(,'#Ȁ%, 0+/%"+$ - mo:0315a-mn 02/15/22
3 2.2 Anderson Dam Seismic Retrofit Project Status Update.

Recommendation: Receive information on the Anderson Dam Seismic Retrofit Project.

Mr. Chris Hakes, Valley Water Deputy Operating Officer, reviewed the information on this item per that attached Board Agenda Memo, and per the information contained in Attachment 1.

Mr. Alie Saad, Morgan Hill resident, expressed concern about the delay in building the tunnel at Anderson Dam.

The Board and Council noted the information without formal action.

2.3 Update on the Purified Water Project.

Recommendation: Receive an Update on the Purified Water Project.

Ms. Kirsten Struve, Valley Water Assistant Officer, reviewed the information on this item per the attached Board Agenda Memo, and per the information contained in Attachment 1.

The Board and the Council noted the information without formal action.

2.4 Update on South San Francisco Bay Shoreline Project – Phase I.

Recommendation: Receive an Update on South San Francisco Bay Shoreline Project – Phase I.

Ms. Rechelle Blank, Valley Water Chief Operating Officer, reviewed the information on this item per the attached Board Agenda Memo, and per the information contained in Attachment 1.

The Board and the Council noted the information without formal action.

2.5 Receive Information on Preliminary Groundwater and Treated Water Rates for Fiscal Year 2022 – 2023.

Recommendation: Receive Information on Preliminary Groundwater and Treated Water Rates for Fiscal Year 2022 – 2023.

Mr. Darin Taylor, Valley Water Chief Financial Officer, reviewed the information on this item per the attached Board Agenda Memo, and per the information contained in Attachment 1.

The Board and the Council noted the information without formal action.

.93;2658Ā/8<479:4Ā1.*Ā/' #,/'#Ȁ)/(,Ȁ$!)&Ȁ(,'#Ȁ%, 0+/%"+$ - mo:0315a-mn 02/15/22
4 3. ADJOURN:

3.1 Closing Remarks.

Chairperson Kremen and Mayor Gillmor participated in closing remarks.

3.2 Adjourn to 4:00 p.m. Closed Session and 6:00 p.m. Regular Meeting on February 22, 2022.

Chairperson Kremen adjourned the meeting at 7:30 p.m., to the Santa Clara Valley Water District 4:00 p.m. Closed Session and 6:00 p.m. Regular meeting on February 22, 2022.

Michele L. King, CMC
Clerk/Board of Directors
Approved:

Date: April 26, 2022
.93;2658Ā/8<479:4Ā1.*Ā/' #,/'#Ȁ)/(,Ȁ$!)&Ȁ(,'#Ȁ%, 0+/%"+$ - ____________________________
Nora Pimentel, Assistant City Clerk
City of Santa Clara
Approved: __________________________________
Lisa M. Gillmor, Mayor
City of Santa Clara
Date: _________________
G
DocuSigned by :
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If DocuSigned by:
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Certificate Of Completion
Envelope Id: E703BE739E8B41968B735B0FAE52A40C Status: Completed Subject: Please Sign Documents: 042622: 3.2-28pg, 3.3-2pg, 3.4-2pg, 3.8a-4pg, 3.8b-14pg, 3.8c-12pg Source Envelope:

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5750 Almaden Expressway
San Jose, CA 95123
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Santa Clara Valley Water District (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically










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!


 
















Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Santa Clara Valley Water District:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by phone call: (408) 630-2360
To contact us by email send messages to: [email protected] To contact us by paper mail, please send correspondence to:

Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95123

To advise Santa Clara Valley Water District of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at and in the body of such request you must state: your previous email address, your new email address. Please contact the requesting department or our main Front Desk at (408) 630-2600 to be transferred to the appropriate department.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Santa Clara Valley Water District To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Santa Clara Valley Water District To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. Please contact the requesting department or our main Front Desk at (408) 630-2600 to be transferred to the appropriate department..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
• You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
• Until or unless you notify Santa Clara Valley Water District as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Santa Clara Valley Water District during the course of your relationship with Santa Clara Valley Water District.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-18 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Parks & Recreation Commission - March 15, 2022
Cultural Commission - April 4, 2022
Board of Library Trustees - April 4, 2022
Board of Library Trustees - April 21, 2022
City of Santa Clara Printed on 5/5/2022Page 1 of 1
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City of Santa Clara
Meeting Minutes
Parks & Recreation Commission
Draft
7:00 PM Virtual Meeting03/15/2022
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058, the Parks & Recreation Commission meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:

Via Zoom:
https://santaclaraca.zoom.us/j/91316665755
Meeting ID: 913 1666 5755 or
Phone: (669) 900-6833

CALL TO ORDER AND ROLL CALL
The meeting was called to order by Chair Forte at 7:03 PM.

Commissioner Andrew Knaack, Commissioner Sajid Hai, Chair Eversley Forte, and Commissioner Kelly Gonzalez
Present 4 -
Commissioner Joe Martinez, Commissioner Dana Caldwell, and Vice Chair Burt Field
Absent 3 -
A motion was made by Commissioner Knaack, seconded by
Commissioner Gonzalez to excuse Commissioners Caldwell, Field, and Martinez.

Aye: Commissioner Knaack, Commissioner Hai, Chair Forte, and Commissioner Gonzalez
4 -
Excused: Commissioner Martinez, Commissioner Caldwell, and Vice Chair Field
3 -

CONSENT CALENDAR
A motion was made by Commissioner Gonzalez, seconded by Commissioner Hai, that the Consent Calendar be approved.

Aye: Commissioner Knaack, Commissioner Hai, Chair Forte, and Commissioner Gonzalez
4 -