City Council and Concurrent Authorities
May 24, 2022

September 2020
EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ................................................................................ 2 A. NONDISCRIMINATION STATEMENT .............................................................................................. 2 B. CONTRACT ASSURANCE ............................................................................................................... 3 C. PROMPT PROGRESS PAYMENT ................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS....................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS .......................................... 4 F. COMMITMENT AND UTILIZATION .................................................................................................. 5

2. BID OPENING ................................................................................................................................................. 6

3. BID RIGGING ................................................................................................................................................. 6

4. CONTRACT AWARD ..................................................................................................................................... 6

5. CONTRACTOR LICENSE .............................................................................................................................. 6

6. CHANGED CONDITIONS .............................................................................................................................. 6 A. DIFFERING SITE CONDITIONS ....................................................................................................... 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK .......................................................... 7

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ...................................... 7

8. BUY AMERICA ............................................................................................................................................... 7

9. QUALITY ASSURANCE ................................................................................................................................. 8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ........................................................ 8

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ....................... 8

12. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................................. 8

13. FEMALE AND MINORITY GOALS ............................................................................................................... 21

14. TITLE VI ASSURANCES .............................................................................................................................. 22

15. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ............................................. 23

16. FEDERAL TRAINEE PROGRAM ................................................................................................................. 23 EXHIBIT E EXHIBIT 2 Page 127 of 153 2099
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are obtained from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
 The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
 The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
 The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.  The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.  The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.  A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. a. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

EXHIBIT E EXHIBIT 2 Page 128 of 153 2100
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
b. Contract Assurance
Under 49 CFR 26.13(b):

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible. c. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
d. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

EXHIBIT E EXHIBIT 2 Page 129 of 153 2101
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. e. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

The prime contractor’s request to use other forces or material sources must include:

EXHIBIT E EXHIBIT 2 Page 130 of 153 2102
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the prime contractor to the DBE regarding the request.

3. Notices from the DBEs to the prime contractor regarding the request.

If a listed DBE is terminated or substituted, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. f. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.

The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book.

This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subcontractor  Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of EXHIBIT E EXHIBIT 2 Page 131 of 153 2103
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
Disadvantage Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

6. CHANGED CONDITIONS
a. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

EXHIBIT E EXHIBIT 2 Page 132 of 153 2104
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. c. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.

The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or  When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County Stockton the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

Production includes:

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

EXHIBIT E
4,000
EXHIBIT 2 Page 133 of 153 2105
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS)

12. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
[The following 12 pages must be physically inserted into the contract without modification.] EXHIBIT E EXHIBIT 2 Page 134 of 153 2106
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT

PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS
EXHIBIT E EXHIBIT 2 Page 135 of 153 2107
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
I. General
II. Nondiscrimination
III. No segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Government wide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.

The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." FHWA-1273 -- Revised May 1, 2012
EXHIBIT E EXHIBIT 2 Page 136 of 153 2108
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

EXHIBIT E EXHIBIT 2 Page 137 of 153 2109
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to DavisBacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
FHWA-1273 -- Revised May 1, 2012

4. Apprentices and trainees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
FHWA-1273 -- Revised May 1, 2012

8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.

Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

EXHIBIT E EXHIBIT 2 Page 143 of 153 2115
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
FHWA-1273 -- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.

The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
* * *

2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

EXHIBIT E EXHIBIT 2 Page 144 of 153 2116
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

EXHIBIT E EXHIBIT 2 Page 145 of 153 2117
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.

EXHIBIT E EXHIBIT 2 Page 146 of 153 2118
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020

13. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174 Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 176
San Francisco-Oakland-San Jose, CA:

SMSA Counties:

28.9 7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

25.6 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz

19.6 14.9
7500 Santa Rosa
CA Sonoma

9.1 8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano

17.1 Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
178
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus
8120 Stockton, CA
CA San Joaquin

24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

19.8 179
Fresno-Bakersfield, CA
SMSA Counties:

19.1 26.1
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
EXHIBIT E EXHIBIT 2 Page 147 of 153 2119
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 180
Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA

21.5 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

24.6 181
San Diego, CA:

SMSA Counties

16.9 7320 San Diego, CA
CA San Diego
Non-SMSA Counties 18.2
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

14. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such EXHIBIT E EXHIBIT 2 Page 148 of 153 2120
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

15. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

Federal Trainee Program Special Provisions
(to be used when applicable)

16. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

EXHIBIT E
0 EXHIBIT 2 Page 149 of 153 2121
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of Stockton :

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of Stockton approval for this submitted information before the prime contractor starts work. The City/County of Stockton credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of Stockton and FHWA approves a program if one of the following is met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

September 2020
The City/County of Stockton reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
EXHIBIT E EXHIBIT 2 Page 151 of 153 2123
Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
EXHIBIT F EXHIBIT 2 Page 152 of 153 2124
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

EXHIBIT F EXHIBIT 2 Page 153 of 153 2125
1 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, RAY’S ELECTRIC, a STATE OF CA CORPORATION, as Principal and , a corporation,
organized and existing under the laws of the State of ___and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO MILLION SIXTY-EIGHT THOUSAND FOUR HUNDRED NINETY DOLLARS AND NO/100 DOLLARS ($2,068,490.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

BUS RAPID TRANSIT PHASE V
(PROJECT NO. WT15016/FEDERAL PROJECT NO. CML-5008(149)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its Subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

EXHIBIT 2 2126
2 SIGNED AND SEALED on
APPROVED AS TO SURETY: By

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNEY
EXHIBIT 2 2127
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, RAY’S ELECTRIC, a STATE OF CA CORPORATION as Principal and ___________________________________, a corporation,
organized and existing under the laws of the State of ________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

TWO MILLION SIXTY-EIGHT THOUSAND FOUR HUNDRED NINETY DOLLARS AND NO/100 DOLLARS ($2,068,490.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said City of Stockton and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

BUS RAPID TRANSIT PHASE V
(PROJECT NO. WT15016/FEDERAL PROJECT NO. CML-5008(149)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its Subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work EXHIBIT 2 2128
2 contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

JOHN M. LUEBBERKE

OFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNEY
EXHIBIT 2 2129
City of Stockton
Legislation Text
File #: 22-0292, Version: 1

APPROVE MOTION TO AUTHORIZE THE AQUATIC FACILITIES RENOVATION AND

REPLACEMENT - VICTORY PARK POOL PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to Studio W Architects of Sacramento, CA, in the amount of $454,318, for design of the Aquatic Facilities Renovation and Replacement - Victory Park Pool, Project No. CR18020.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

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

Summary
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive and measures over 22 acres (Attachment A - Vicinity Map). The Aquatic Facilities Renovation and Replacement - Victory Park Pool (Victory Park Pool) project will replace the existing swimming pool, restrooms, and mechanical building at Victory Park. The project was included in the 2020-25 FiveYear Capital Improvement Plan (CIP).

The Community Services Department was successful in obtaining $5.4 million in Proposition 68 (2018 Bond Act) grant funds from the California Department of Parks and Recreation for the Victory Park Pool and McKinley Park projects. The awarded grant funds will be split evenly between the McKinley Park and Swimming Pool Renovation project currently in design, and the Victory Park Pool project.

On November 23, 2021, the City advertised a Request for Proposals (RFP) for design of the Victory Park Pool project. On January 13, 2022, five firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Studio W Architects of Sacramento, CA, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $454,318 to Studio W Architects. It is anticipated that the design will be completed by March 2023, and that the project will be completed by December 2023.

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DISCUSSION
Background
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive (Attachment A - Vicinity Map). Victory Park measures over 22 acres and includes the Haggin Museum and rose garden, a basketball court, baseball diamonds, tennis courts, a children’s playground, Fire Station No. 6, and a swimming pool. However, the pool has been closed since 2013 because the existing pool facilities do not meet current code standards, and the cost of upgrades and repairs have far exceeded the cost of replacement.

Proposition 68 (2018 Bond Act), formally known as the “California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018”, was passed by voters on June 5, 2018.

This approval made funding available to the Statewide Park Development and Community Revitalization Program (SPP) under the California Department of Parks and Recreation. The SPP received $650,275,000 from Proposition 68 to be distributed throughout multiple rounds of grant awards. The intent of this program is to create new parks and recreation opportunities in critically underserved communities across California.

On December 14, 2021, by Resolution No. 2021-12-14-1205-02, Council authorized the City Manager to submit a grant application for the Victory Park Pool project and McKinley Park project in the amount of $5.4 million to the California Department of Parks and Recreation. The grant applications were successful, and the City has been awarded $5.4 million. The funds will be divided between both Victory Park Pool and McKinley Park projects, each receiving $2.7 million. The McKinley Park and Swimming Pool Renovation project is currently underway with design. The grant requires that construction is to be completed by December 2023, with project closeout by March 2024.

Present Situation
On November 23, 2021, the City advertised an RFP for design services of the Aquatic Facilities Renovation and Replacement - Victory Park Pool, Project No. CR18020. On January 13, 2022, five proposals were received from the following firms:
· Studio W Architects (Sacramento, CA)
· Siegfried Engineering, Inc. (Stockton, CA)
· PBK Architects (Sacramento, CA)
· LDA Partners, LLP (Stockton, CA)
· Kuth Ranieri Architects (San Francisco, CA)
A Selection Committee comprised of Public Works and Community Services Department staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications, technical ability, project approach, cost, and local preference.

Studio W Architects received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $454,318 with City of Stockton Page 2 of 3 Printed on 5/18/2022
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File #: 22-0292, Version: 1
Studio W Architects for design services. The negotiated fee is approximately 11 percent of the estimated project cost, which is reasonable for a project of this type and complexity.

Staff recommends that Council approve a motion to award a Professional Services Contract in the amount of $454,318 to Studio W Architects for design services of the Aquatic Facilities Renovation and Replacement - Victory Park Pool project (Attachment B). It is anticipated that the design will be completed by March 2023, and that the project will be completed by December 2023.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff resources available to design this project.

2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There is sufficient funding in the Aquatic Facilities Renovation and Replacement - Victory Park Pool, Project No. CR18020, Account No. 4540-000-800007-300-000-30-45-000-000, to award a Professional Services Contract in the amount of $454,318 to Studio W Architects for the project.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Studio W Architects City of Stockton Page 3 of 3 Printed on 5/18/2022
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THORNTON ROAD LOWER WEST LANE

HAMMER LANE

PACIFIC AVENUE BENJAMIN HOLT DRIVE EL DORADO

ROBINHOOD DRIVE

MARCH LANE

ALPINE AVENUE

SMITHS CANAL

ALPINE AVENUE EL DORADO STREET

HARDING WAY

PACIFIC AVENUE

PERSHING AVENUE

HAMMER LANE

MORADA LANE HOLMAN ROAD

MARCH LANE

WILSON WAY

CHEROKEE ROAD WATERLOO ROAD

FREMONT STREET

MAIN STREET WILSON WAY AIRPORT WAY
MARTIN LUTHER KING JR./CHARTER WAY MARIPOSA RD

CALIFORNIA

EL DORADO STREET AIRPORT WAY

SPERRY RD

ARCH-AIRPORT WAY

FRENCH CAMP ROAD

BEAR CREEK MOSHER SLOUGH

BEAR CREEK

SOUTH BEAR CREEK

CALAVERAS RIVER

STOCKTON DEEP WATER CHANNEL

CALAVERAS RIVER

STOCKTON DIVERTING CANAL

UPRR UPRR (SPRR) WEST LANE

WEST LANE

WEST LANE

EIGHTH STREET

SACRAMENTO
STREET

NAVY DRIVE

CENTER STREET
ST

FREMONT STREET

AQUATIC FACILITIES RENOVATION & REPLACEMENT -
VICTORY PARK POOL, CITY PROJECT NO. CR18020

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

VICINITY MAP

NOT TO SCALE

LEGEND N

PROJECT LOCATION

CITY LIMIT

COUNTY LIMIT

PROJECT LOCATION
2133

PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and STUDIO W ARCHITECTS whose address is 1930 H STREET, SACRAMENTO, CA 95811 (“Consultant”) for the

AQUATIC FACILITIES RENOVATION AND REPLACEMENT - VICTORY PARK POOL, PROJECT NO. CR18020, hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $454,318.00 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consultant under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, and employees from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicable workers compensation insurance.

Consultant’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on DECEMBER 31, 2027, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall insure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Studio W Architects To City: Public Works Director 1930 H Street City of Stockton
Sacramento, CA 95811 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON STUDIO W ARCHITECTS
By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
BY:

ELIZA R. GARZA, CMC Title:

CITY CLERK
APPROVED AS TO FORM:

BY:

DEPUTY CITY ATTORNEY
ATTACHMENT B Professional Services Contract - STUDIO W ARCHITECTS, PROJECT NO. CR18020 (Updated 12/31/20)

DETAILED WORK PLAN
The proposed work plan and timeline durations were developed based on our current understanding of the project to this point. The work plan follows our typical design process and noted within each of the design phases are the correlation to the City’s Scope of Work items from the RFP. Quality control, coordination/meetings (scope items 4.4.3 and 4.6, respectively), consultant coordination and cost estimating are inherent in our process and are integrated into each of the phases. The enclosed Fee Proposal includes a breakdown of staff hours.

Task 1: PRE-DESIGN/ PROGRAMMING
Fee Task Items - 1.1 – Project Administration, 1.2 – Predesign / Programming, 1.3 – Utilities Research, 1.4 – Surveying & Monument Preservation, 1.5 – Geotechnical Report Conceptual Design Stakeholder Meetings
Before starting the design process, we will revisit the underpinnings of the design shared in the RFP and confirm with your identified stakeholders that all assumptions from this concept are still accurate and/or revise them. As this project is being supported with Measure M and Prop 68 funding, it’s important that it supports the City’s mission for your recreational facilities while also being a good representation of taxpayer dollars, both in the use and long-term operation and maintenance of the facility.

Business Operation Plan
We want to make sure that the design concept aligns with the available funding and confirm (from a capital investment standpoint) that there are sufficient funds in place to bring the project to reality, or identify how best to achieve those goals.

In order to maximize the operations and maintenance cost recovery of the facility, Studio W will work with Shellito Training & Consulting and Aquatic Design Group to provide a documented business plan for the build-out of the facilities, along with a road map and potential partnerships (if necessary) for its successful long-term operation.

Scope, Budget & Schedule
Studio W will develop parameters for success, including scope, budget and schedule expectations for the project. This helps us and the City determine the timing for funding, the ultimate fee structure for design, estimated soft costs and other important financial aspects of the project. This also helps all parties understand and commit to the project expectations, which become the basis of the contract.

Since the City’s budget is limited, the schedule should be aggressive to offset potential escalation and the scope should maximize amenities. Having developed these metrics for many cities in California, Studio W is very familiar with how to further refine and secure these goals.

ATTACHMENT B
EXHIBIT A Page 9 of 48 2142
Construction Delivery Method
It’s never too early to determine the most effective construction delivery method for a public project. Beyond the traditional design-bid-build methodology, Studio W can assist the City in weighing the pros and cons of alternative delivery methods, such as lease-leaseback or design-assist, should the City decide to explore such alternatives. It is imperative to begin the process early and educate the City Council and community in any such delivery approaches.

Tasks
» Project Administration–procure original program & design concepts, if available » Pre-design/Programming
• Revisit the original program & conceptual layout
• Confirm funding sources & develop an operations plan
• Augment a new scope, schedule & budget based on stakeholder involvement • Identify the preferred methodology for construction
Estimated Duration - 40 days (June 2022 – July 2022)
Total Staff Hours - 76 hours
Task 2: SCHEMATIC DESIGN
Fee Task Items - 2.1 – Schematic Design, 2.2 – Public Outreach Based on the project metrics and parameters established in the programming phase, Studio W will create multiple design layout options of the Victory Park aquatics facility. The level of detail of the conceptual design options will include pool placement, siting and orientation of the bathhouse/ mechanical building, materials, finishes, equipment, basic engineering design and systems identification, preliminary landscape design and potential sustainability strategies. In our analysis, we will cite the advantages and disadvantages of each option to assist in decision making.

Studio W will present the conceptual design options to the City and other stakeholder groups for input and feedback. We will lead the participants to consensus on a single preferred option within the limits of the established program, scope and budget. This information is coalesced into the Conceptual Design Report (Schematic Design Report), along with permitting requirements and initial cost estimates for review and comment by City staff. City review comments and Studio W’s responses will be included as an Appendix to the final report.

A presentation to the City Council and Planning Commission at the completion of this phase is important to ensure they are informed and supportive of the design direction.

Tasks
» Project Administration– procure site survey & testing (if necessary), review site, site investigation, research utilities & regulatory considerations » Schematic Design Research/review existing topographic mapping, surveys, as-built plans, etc.

ATTACHMENT B
EXHIBIT A Page 10 of 48 2143
• Field investigations of project limits & monumentation • On-site plan/utilities locations/transportation access/pedestrian access • Description of needed off-site improvements
• Floor plans
• Roof plan with equipment locations/access/screening
• Exterior elevations/massing/ daylighting/general materials • Solar impact on-site/design
• Required permits & initiate application process
• Specifications for materials, systems, assumptions & quality standards Estimated Duration - 30 days (July 2022 - August 2022)
Total Staff Hours - 172 hours
Task 3: DESIGN DOCUMENTATION
Fee Task Items - 3.1 – Design Development (50% CD), 3.2 – Construction Documentation Plans, Specifications & Estimate
Design Development
At the onset of this phase, we will often reassemble the City stakeholders and user groups who were previously involved to validate assumptions that may have changed since approval of the Conceptual Design Report. Often, our engineering consultants (who become very engaged in this phase) have specific questions that can only be answered through meetings with the various parties.

We will present the modified plans to the City Council once all plans have been ratified by the users, estimates have been reconciled to the established budget and the schedule has been refined around the developed scope of work. In this phase, Studio W holds a series of value engineering workshops with the City and our consultants to validate design decisions around the established budget.

Tasks
» Project Administration–confirm schedule, scope & budget » Design Development
• Site plans shown on-site & off-site scope of work
• Dimensioned & phased floor plans, material & color selections, furniture & fixture layouts and methods of ADA compliance
• Ceiling plan to detail lighting decisions, ceiling mounted equipment, maintenance clearance & daylighting
• Roof plan to detail mounted equipment, vents, screening, daylighting & access • Dimensioned & phased exterior elevations with all material & color selections • Typical building sections & interior elevations to illustrate design, materials & systems • Utility investigations & coordination

ATTACHMENT B
EXHIBIT A Page 11 of 48 2144
• Preliminary specifications in CSI Divisions with detail to indicate all decisions, including specified equipment
» Alternatives with options & risk assessments, preliminary plans & quality control standards » Incentives, Rebates & Tax Benefits
Construction Documents
Once the design development phase of the project has been completed, Studio W and our engineering design team begins the process of carefully documenting the project to get to bid. Cost estimates at 50% and 90% construction document completion levels are presented to the City for approval.

Tasks
» Project Administration–confirm schedule, scope and budget » Construction Documentation
• Cover sheet with consultant information, sheet index, vicinity map & code criteria • Site clearance plans with existing condition plans
• Architectural drawings & specifications, including floor plan & code analysis » Interior & Exterior Signage Design
» Submittals List required from the contractor for completion of the project » Incentives, Rebates & Tax Benefits
» Public Outreach presentation of final project design concepts Estimated Duration - 90 days (August 2022 – December 2022) Total Staff Hours - 412 hours
Task 4: AGENCY APPROVAL
Fee Task Items - 4 – Agency Approvals
Designing the project to the established scope, budget and schedule is certainly important; however, we must also design the project to meet the rigorous requirements of the California Building Code and any other jurisdictions involved (fire, environmental health, etc.). Studio W is very familiar with the requirements of local municipalities and their unique approach to the plan check process, as we have secured many design permits through city jurisdictions.

Tasks
» Project Administration–confirm schedule, scope & budget » Agency Approvals
• Facilitate plan check with City building department & any other regulatory agency • Procure fee & application information
Estimated Duration - 62 days (December 2022 - February 2023) Total Staff Hours - 81 hours

ATTACHMENT B
EXHIBIT A Page 12 of 48 2145
Task 5: BIDDING
Fee Task Items - 5 – Bidding
While the City may have elected to procure a general contractor through an alternative delivery program, the procuring the sub-trades will require a bidding/ negotiation phase.

Timing and marketing the project are important factors to receive healthy competition (3-4 bids per trade), as we continue to see rampant escalation in the construction market.

Tasks
» Project Administration–confirm schedule, scope & budget » Bidding
• Develop a bid set based on construction documentation & specifications • May be limited to project sub-trades depending on final construction delivery method • May run concurrent to Agency Approval with a building department submittal set; proper contingency should be considered in this case
Estimated Duration - 65 days (March 2023 - June 2023)
Total Staff Hours - 41 hours
Task 6: CONSTRUCTION ADMINISTRATION
Fee Task Items - 6 – Construction Administration
Constructing the project is not just about making sure it follows design intent, construction document guidelines and building code, but that it is also free of excessive errors and omissions, which lead to change orders and schedule extensions. During each preceding step, Studio W is vigilant about providing strong quality assurance/control of its documents and holds accountable all parties to a successful project outcome.

Tasks
» Project Administration–confirm schedule, scope & budget » Construction Administration
• Facilitate weekly site visits for construction review & identify key schedule, budget & scope related items
• Respond to RFI’s & other contractor correspondence
• Facilitate code review & identify any inconsistencies • Review change orders, including tracking for responsible parties • Review contractor pay applications
Estimated Duration - 141 days (June 2023 – December 2023) Total Staff Hours - 342 hours
Task 7: CLOSE-OUT/ SUBSTANTIAL COMPLETION

ATTACHMENT B
EXHIBIT A Page 13 of 48 2146
Fee Task Items - 7 – Project Close out / Record Drawings Last, and certainly not least, Studio W knows the project isn’t finished until substantial completion is obtained and the project is prepared for occupancy. We will assist the City in all necessary filing of occupancy, move-in and FF&E to fully utilize the project, including providing as-built drawings.

Tasks
» Project Administration–confirm schedule, scope & budget » Project Close-out/Substantial Completion
• Facilitate project close-out by providing necessary as-builts • Facilitate the process of substantial completion by assisting the client with project sign-off & filing, reviewing the punch list & establishing warranty periods » Ribbon Cutting Ceremony
Estimated Duration - 60 days (December 2023 – March 2024) Total Staff Hours - 9 hours

ATTACHMENT B
EXHIBIT A Page 14 of 48 2147
ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 1 22009 - City of Stockton Victory Park Pool 868 days Wed 8/5/20 Fri 12/1/23 2 Contract Negotiations 70 days Wed 2/16/22 Tue 5/24/22 3 Notice of Award 1 day Wed 2/16/22 Wed 2/16/22
4 Contract Draft 7 days Thu 2/17/22 Fri 2/25/22 3
5 Contract Finalized 61 days Mon 2/28/22 Mon 5/23/22 4
6 City Council Approval of Contract 1 day Tue 5/24/22 Tue 5/24/22 5 7 Pre-Design / Programming 40 days Mon 5/30/22 Fri 7/22/22 8 Survey Contracts 10 days Mon 5/30/22 Fri 6/10/22 6FS+3 days 9 Geo Technical Contracts 10 days Mon 5/30/22 Fri 6/10/22 6FS+3 days 10 Programming Documentation 30 days Mon 5/30/22 Fri 7/8/22 6FS+3 days 11 Meeting #1 1 day Thu 6/2/22 Thu 6/2/22 6FS+6 days
12 Programming Document Draft 5 days Mon 6/6/22 Fri 6/10/22 11FS+1 day 13 Survey Documentation 30 days Mon 6/13/22 Fri 7/22/22 8 14 Geo Technical Documentation 30 days Mon 6/13/22 Fri 7/22/22 9 15 Meeting #2 1 day Thu 6/16/22 Thu 6/16/22 11FS+9 days 16 Meeting #3 1 day Thu 6/30/22 Thu 6/30/22 15FS+9 days 17 Finalize Programming Documents 4 days Mon 7/4/22 Thu 7/7/22 16FS+1 day 18 City Approval of Programming 1 day Fri 7/8/22 Fri 7/8/22 17 19 Schematic Design 30 days Mon 7/11/22 Fri 8/19/22
20 Schematic Design Drawings / Specifications 3 wks Mon 7/11/22 Fri 7/29/22 18 21 Schematic Design Kick Off Meetings - Consultants 1 day Thu 7/14/22 Thu 7/14/22 18FS+3 days 22 Site Visit with Consultants 1 day Thu 7/21/22 Thu 7/21/22 21FS+4 days 23 Meeting #4 1 day Thu 7/28/22 Thu 7/28/22 22FS+4 days M
Half 1, 2019
Task
Split
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Project Summary
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Manual Task
Duration-only
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External Milestone
Deadline
Progress
Manual Progress

Project: City of Stockton Victory
Date: Thu 3/10/22

ATTACHMENT B
EXHIBIT B Page 15 of 48 2148
ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 24 Meeting #5 1 day Thu 8/11/22 Thu 8/11/22 23FS+9 days 25 Submit to City for Review 1 wk Mon 8/1/22 Fri 8/5/22 20 26 SD Cost Estimating 1 wk Mon 8/1/22 Fri 8/5/22 20
27 Page Turn with City 1 day Thu 8/11/22 Thu 8/11/22 25FS+3 days 28 Design Reconciliation w/ Cost Estimate 5 days Fri 8/12/22 Thu 8/18/22 27 29 Approval of Schematic Design Phase by City 1 day Fri 8/19/22 Fri 8/19/22 28 30 Design Development 42 days Thu 8/4/22 Fri 9/30/22
31 Design Development Drawings / Specifications 3 wks Mon 8/22/22 Fri 9/9/22 29 32 Meeting #6 1 day Thu 8/4/22 Thu 8/4/22 31FS-27 days
33 Color Board Meeting 1 day Thu 8/11/22 Thu 8/11/22 32FS+4 days 34 Meeting #7 1 day Thu 8/25/22 Thu 8/25/22 33FS+9 days 35 Submit to City for Review 2 wks Mon 9/12/22 Fri 9/23/22 31 36 DD Cost Estimating 2 wks Mon 9/12/22 Fri 9/23/22 31
37 Page Turn with City 1 day Thu 9/15/22 Thu 9/15/22 35FS-7 days 38 Design Reconciliation w/ Cost Estimate 4 days Mon 9/26/22 Thu 9/29/22 36 39 Approval of Design Phase by City 1 day Fri 9/30/22 Fri 9/30/22 38 40 Construction Documents 48 days Thu 9/29/22 Mon 12/5/22 41 70% Construction Documentation 4 wks Mon 10/3/22 Fri 10/28/22 39 42 Meeting #8 1 day Thu 9/29/22 Thu 9/29/22 41FS-22 days 43 Submit 70% CDs to City 1 wk Mon 10/31/22 Fri 11/4/22 41 44 70% Page Turn with District 1 day Thu 11/3/22 Thu 11/3/22 43FS-2 days 45 Gain Local Fire Marshal Approval 7 days Mon 11/7/22 Tue 11/15/22 43 46 100% Construction Documentation 2 wks Mon 11/7/22 Fri 11/18/22 43 M
Half 1, 2019
Task
Split
Milestone
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Project Summary
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Inactive Milestone
Inactive Summary
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Duration-only
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Manual Summary
Start-only
Finish-only
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External Milestone
Deadline
Progress
Manual Progress

Project: City of Stockton Victory
Date: Thu 3/10/22

ATTACHMENT B
EXHIBIT B Page 16 of 48 2149
ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 47 Submit 100% CD to District 2 wks Mon 11/21/22 Fri 12/2/22 46 48 100% Cost Estimating 2 wks Mon 11/21/22 Fri 12/2/22 46 49 100% Page Turn with District 1 day Thu 11/24/22 Thu 11/24/22 47FS-7 days 50 Design Reconciliation w/ Cost Estimate 5 days Fri 11/25/22 Thu 12/1/22 49 51 Final Drawings Due 1 day Fri 12/2/22 Fri 12/2/22 50
52 Approval of Design Phase by City 1 day Mon 12/5/22 Mon 12/5/22 51 53 Agency Approvals 62 days Tue 12/6/22 Wed 3/1/23
54 City Submittal #1 1 day Tue 12/6/22 Tue 12/6/22 52
55 City Review #1 4 wks Wed 12/7/22 Tue 1/3/23 54
56 Respond to City Comments #1 2 wks Wed 1/4/23 Tue 1/17/23 55 57 City Submittal #2 1 day Wed 1/18/23 Wed 1/18/23 56
58 City Review #2 3 wks Thu 1/19/23 Wed 2/8/23 57
59 Respond to City Comments #2 2 wks Thu 2/9/23 Wed 2/22/23 58 60 City Approval 1 wk Thu 2/23/23 Wed 3/1/23 59
61 Bidding / Contract Award 65 days Mon 3/6/23 Fri 6/2/23 62 Estimated Bidding Process 4 wks Mon 3/6/23 Fri 3/31/23 60FS+2 days 63 Contract Negotiations 8 wks Mon 4/3/23 Fri 5/26/23 62 64 Contract Award 1 wk Mon 5/29/23 Fri 6/2/23 63
65 Construction Phase/ Project Closeout 141 days Mon 6/5/23 Mon 12/18/23 66 Estimated Construction Phase 7 mons Mon 6/5/23 Fri 12/15/23 64 67 Ribbon Cutting Ceremony 1 day Mon 12/18/23 Mon 12/18/23 66 68 Project Closeout 60 days Mon 12/18/23 Fri 3/8/24
69 As-Builts 4 wks Mon 12/18/23 Fri 1/12/24 66
M
Half 1, 2019
Task
Split
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External Milestone
Deadline
Progress
Manual Progress

Project: City of Stockton Victory
Date: Thu 3/10/22

ATTACHMENT B
EXHIBIT B Page 17 of 48 2150
ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 70 Project Closeout 12 wks Mon 12/18/23 Fri 3/8/24 66
M
Half 1, 2019
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
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External Milestone
Deadline
Progress
Manual Progress

Project: City of Stockton Victory
Date: Thu 3/10/22

ATTACHMENT B
EXHIBIT B Page 18 of 48 2151

STUDIO W ARCHITECTS

LUMP SUM FEE
City Of Stockton / Victory Park Pool
Stockton, CA
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS RATE Principal Owner Architect 8 12 12 20 1 1 1 3 2 1 61 $ 385.00 $ 23,485 Associate Principal Architect 4 4 8 $ 230.00 $ 1,840
Associate Client Leader 8 2 2 2 2 20 2 2 2 2 2 46 $ 215.00 $ 9,890 Senior Project Architect 16 32 80 102 32 16 212 2 492 $ 165.00 $ 81,180 Design Leader 40 12 4 56 $ 165.00 $ 9,240
Project Designer III 40 80 108 40 8 80 4 360 $ 115.00 $ 41,400 Project Designer II 16 16 $ 105.00 $ 1,680
Project Admin IV 4 2 2 2 2 2 8 40 1 63 $ 105.00 $ 6,615 Clerical 4 4 4 4 4 4 6 1 31 $ 75.00 $ 2,325
TOTAL STUDIO W ARCHITECTS HOURS 12 58 2 2 2 132 40 185 227 81 41 342 9 1133 TOTAL STUDIO W ARCHITECTS FEES $ 3,500 $ 11,170 $ 430 $ 430 $ 430 $ 22,040 $ 12,000 $ 26,625 $ 32,155 $ 11,205 $ 6,285 $ 50,030 $ 1,355 $ 177,655 $ 177,655 Architect Direct Project Expense 0 $ 560 0 0 0 $ 1,100 $ 600 $ 1,330 $ 1,610 $ 560 $ 310 $ 2,492 0 $ 8,562 $ 8,562 SUBTOTAL STUDIO W ARCHITECTS FEES + DIRECT PROJECT EXPENSE $ 3,500 $ 11,730 $ 430 $ 430 $ 430 $ 23,140 $ 12,600 $ 27,955 $ 33,765 $ 11,765 $ 6,595 $ 52,522 $ 1,355 $ 186,217 $ 186,217

CONSULTANTS CONSULTANT FEE NO MARK UP TOTAL FEE
Operational Analysis: Shellito $ 8,280 $ 8,280 $ 8,280
Geotech - Wallace-Kuhl 12.29.2021 $ 9,724 $ 9,724 $ 9,724 Surveying & Site Utilities Documentation: KSN proposal dated 12.22.2021 $ 4,340 $ 19,310 $ 23,650 $ 23,650 Civil Engineer: KSN proposal dated 12.22.2021 $ 4,130 $ - $ 8,280 $ 15,560 $ 1,590 $ 1,310 $ 2,894 $ 804 $ 34,568 $ 34,568 Pool Consultant: ADG proposal dated 12.22.2021 $ 2,565 $ 1,034 $ 8,085 $ 19,635 $ 28,523 $ 2,662 $ 858 $ 7,106 $ 1,151 $ 71,619 $ 71,619 Landscape Architect: JFG Landscape Architecture proposal dated 03.03.2022 $ 2,500 $ 1,670 $ 6,470 $ 4,520 $ 4,950 $ 565 $ 355 $ 6,210 $ 1,020 $ 28,260 $ 28,260 Structural Engineer: MLA proposal dated 01.03.2022 $ 5,500 $ 8,800 $ 2,200 $ 1,100 $ 4,400 $ 22,000 $ 22,000 MPE/Tele/FA Engineering: LPCE proposal dated 03.03.2022 $ 7,960 $ 9,265 $ 15,350 $ 2,945 $ 2,060 $ 7,490 $ 600 $ 45,670 $ 45,670 Division 1 and Architectural Specifications: Byun & Associates $ 1,200 $ 3,900 $ 600 $ 5,700 $ 5,700 Quality Control Reviewer: CheckSet $ 8,750 $ 8,750 $ 8,750 Schematic Design & Construction Documents Cost Estimates: Cumming proposal dated 03.03.2022 $ 4,595 $ 5,285 $ 9,880 $ 9,880 TOTAL LUMP SUM FEE PER TASK $ 10,130 $ 22,575 $ 7,474 $ 19,740 $ 10,154 $ 50,250 $ 12,600 $ 76,355 $ 124,883 $ 22,327 $ 12,278 $ 80,622 $ 4,930 $ 268,101 $ - $ 454,318 TOTAL LUMP SUM FEE PER PHASE $76,355 $124,883 $22,327 $12,278 $80,622 $4,930 PHASE
DESIGN

DEVELOPMENT

CONSTRUCTION

DOCUMENTATION
AGENCY

APPROVALS

BIDDING

CONSTRUCTION

ADMINISTRATION

CLOSE OUT

TOTAL FEE
Task 5: BiddingTask 6: Construction Administration

PROJECT MANAGEMENT / PREDESIGN / PROGRAMMING / EXISTING

CONDITIONS DOCUMENTATION

SCHEMATIC DESIGN
$70,073 $62,850
TOTAL LUMP SUM FEE $ 454,318
Task 1.2: Predesign / ProgrammingTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 2.2: Public OutreachTask 3.2: Construction DocumentationTask 4 Agency ApprovalsTask 7: Project Close out / Record Drawings

STUDIO W ARCHITECTS POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 3.1: Design Development (50% CD) 3/14/2022

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
Operational Analysis: Shellito
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE Principal 36 36 $ 230.00 $ 8,280
TOTAL HOURS 0 36 0 0 0 0 0 0 0 0 0 0 36
TOTAL FEES $ - $ 8,280 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8,280 $ 8,280 Direct Project Expense (none) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ 8,280 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8,280 $ 8,280

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.2: Predesign / ProgrammingTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 2.2: Public OutreachTask 3.1: Design Development (50% CD)Task 3.2: Construction DocumentationTask 4 Agency ApprovalsTask 5: BiddingTask 6: Construction Administration

TOTAL FEE

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
Wallace-Kuhl & Associates: Geotechnical Engineering Report NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL RATE Senior Engineer 7 7 $ 210.00 $ 1,470
Staff Engineer 21 21 $ 150.00 $ 3,150
Draftsperson 4 4 $ 120.00 $ 480
Drill Rig, crew & Supplies 5 5 $ 513.00 $ 2,565
SCEHD Permit 1 1 $ 624.00 $ 624
Laboratory Tests $ -
Atterberg Limits (PI/LL) 1 1 $ 175.00 $ 175
Expansion index 1 1 $ 210.00 $ 210
Sieve Analysis (-#200 Sieve) 2 2 $ 105.00 $ 210
Unconfirmed Compression Test 2 2 $ 120.00 $ 240
Unit Weight/Moisture Content 8 8 $ 45.00 $ 360
Corrosion Test 1 1 $ 240.00 $ 240
TOTAL HOURS 0 0 0 0 53 0 0 0 0 0 0 0 53
TOTAL FEES $ - $ - $ - $ - $ 9,724 $ - $ - $ - $ - $ - $ - $ - $ 9,724 $ 9,724 Direct Project Expense (included above) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL CONSULTANT FEE $ - $ - $ - $ - $ 9,724 $ - $ - $ - $ - $ - $ - $ - $ 9,724 $ 9,724 Task 1.2: Predesign / Programming Task 3.2: Construction Documentation Task 4 Agency Approvals Task 5: Bidding

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 3.1: Design Development (50% CD)Task 6: Construction AdministrationTask 7: Project Close out / Record Drawings

TOTAL FEE

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
KSN: Surveying & Civil Engineering
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL RATE Project Engineer 4 2 2 7 1 16 $ 280.00 $ 4,480
Engineer II 2 2 $ 200.00 $ 400
Engineer I 8 9 8 14 2 2 13 2 58 $ 190.00 $ 11,020
Junior Engineer 16 24 2 2 44 $ 155.00 $ 6,820
Senior Surveyor 44 44 $ 225.00 $ 9,900
Assistant Surveyor 42 42 $ 165.00 $ 6,930
Tech / GIS / CAD III 16 24 44 4 4 92 $ 155.00 $ 14,260
Tech / GIS / CAD II 15 15 $ 138.00 $ 2,070
Tech / GIS / CAD I 4 4 8 $ 106.00 $ 848
Project Accountant 10 10 $ 149.00 $ 1,490
TOTAL HOURS 22 0 26 102 0 0 50 91 9 8 17 6 331
TOTAL FEES $ 4,130 $ - $ 4,340 $ 19,310 $ - $ - $ 8,280 $ 15,560 $ 1,590 $ 1,310 $ 2,894 $ 804 $ 58,218 $ 58,218 Direct Project Expense (included above) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL CONSULTANT FEE $ 4,130 $ - $ 4,340 $ 19,310 $ - $ - $ 8,280 $ 15,560 $ 1,590 $ 1,310 $ 2,894 $ 804 $ 58,218 $ 58,218 Task 1.2: Predesign / Programming

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 3.1: Design Development (50% CD)Task 3.2: Construction DocumentationTask 4 Agency ApprovalsTask 5: BiddingTask 6: Construction AdministrationTask 7: Project Close out / Record Drawings

TOTAL FEE

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
JFG: Landscape Architect
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL RATE Principal Landscape Architect 10 3 22 10 8 1 1 15 0 70 $ 145.00 $ 10,150 Project Manager / Landscape Architect 10 7 16 14 18 4 2 27 4 102 $ 105.00 $ 10,710 Senior Drafter 4 20 20 24 0 12 8 88 $ 75.00 $ 6,600
TOTAL HOURS 20 0 14 0 0 58 44 50 5 3 54 12 260
TOTAL FEES $ 2,500 $ - $ 1,470 $ - $ - $ 6,370 $ 4,420 $ 4,850 $ 565 $ 355 $ 5,910 $ 1,020 $ 27,460 $ 27,460 Direct Project Expense $ - $ - $ 200 $ - $ - $ 100 $ 100 $ 100 $ - $ - $ 300 $ - $ 800 $ 800 TOTAL LUMP SUM FEE $ 2,500 $ - $ 1,670 $ - $ - $ 6,470 $ 4,520 $ 4,950 $ 565 $ 355 $ 6,210 $ 1,020 $ 28,260 $ 28,260

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.2: Predesign / ProgrammingTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 3.1: Design Development (50% CD)Task 3.2: Construction DocumentationTask 4 Agency ApprovalsTask 5: BiddingTask 6: Construction AdministrationTask 7: Project Close out / Record Drawings

TOTAL FEE

ATTACHMENT B

EXHIBIT C

NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE Aquatics PIC 4 4 4 18 20 6 2 4 1 63 $ 215.00 $ 13,545
Aquatics Project Principal 1 2 4 6 0 0 0 0 13 $ 215.00 $ 2,795 Aquatics Principal Architect 1 8 16 20 0 0 0 1 46 $ 215.00 $ 9,890 Aquatics Architect 1 8 16 24 0 0 0 0 49 $ 195.00 $ 9,555 Aquatics PM (CA) 0 0 2 6 2 32 0 42 $ 175.00 $ 7,350
Project Designers 8 20 48 78 0 0 0 4 158 $ 135.00 $ 21,330 Clerical 1 1 1 6 1 0 0 1 11 $ 80.00 $ 880
TOTAL HOURS 0 15 5 0 0 43 103 156 13 4 36 7 382
TOTAL FEES $ - $ 2,565 $ 940 $ - $ - $ 7,350 $ 17,850 $ 25,930 $ 2,420 $ 780 $ 6,460 $ 1,050 $ 65,345 $ 65,345 Direct Project Expense $ - $ - $ 94 $ - $ - $ 735 $ 1,785 $ 2,593 $ 242 $ 78 $ 646 $ 101 $ 6,274 $ 6,274 TOTAL LUMP SUM FEE $ - $ 2,565 $ 1,034 $ - $ - $ 8,085 $ 19,635 $ 28,523 $ 2,662 $ 858 $ 7,106 $ 1,151 $ 71,619 $ 71,619 Task 1.2: Predesign / Programming Task 3.b.2: Construction Documentation Task 4.2: Agency Approvals Task 5.2: Bidding

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.2: Schematic DesignTask 3.a.2: Design Development (50% CD)Task 6.2: Construction AdministrationTask 7.2: Project Close out / Substantial Completion

TOTAL FEE

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
MLA: Structural Engineer
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE Principal Engineer 21 12 10 43 $ 175.00 $ 7,525
Project Engineer 11.32 49 23.16 11.58 27.89 122.95 $ 95.00 $ 11,680 CAD Tech 15 40.9 55.9 $ 50.00 $ 2,795
TOTAL HOURS 0 0 0 0 0 47.32 101.9 23.16 11.58 37.89 0 221.85 TOTAL FEES $ - $ - $ - $ - $ - $ 5,500 $ 8,800 $ 2,200 $ 1,100 $ 4,400 $ - $ 22,000 $ 22,000 Direct Project Expense (included above) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ - $ - $ - $ - $ 5,500 $ 8,800 $ 2,200 $ 1,100 $ 4,400 $ - $ 22,000 $ 22,000

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.2: Predesign / ProgrammingTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 4 Agency ApprovalsTask 5: Bidding

TOTAL FEE
Task 2.2: Public OutreachTask 3.1: Design Development (50% CD)Task 3.2: Construction Documentation

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS RATE Principal 2 1 2 1 2 8 $ 245.00 $ 1,960
Associate / PE Engineer 8 2 2 2 2 2 18 $ 195.00 $ 3,510 Project Manager / Engineer 12 16 32 8 4 30 1 103 $ 160.00 $ 16,480 Senior Designer 8 16 32 56 $ 150.00 $ 8,400
Designer 0 $ 135.00 $ -
CADD / BIM Technician 24 32 40 8 8 11 4 127 $ 110.00 $ 13,970 Administrative 2 2 2 2 2 8 18 $ 75.00 $ 1,350
TOTAL HOURS 0 0 0 0 56 69 110 21 16 53 5 330
TOTAL FEES $ - $ - $ - $ - $ 7,960 $ 9,265 $ 15,350 $ 2,945 $ 2,060 $ 7,490 $ 600 $ 45,670 $ 45,670 Direct Project Expense (included above) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ - $ - $ - $ 7,960 $ 9,265 $ 15,350 $ 2,945 $ 2,060 $ 7,490 $ 600 $ 45,670 $ 45,670 Task 2.1: Schematic Design LP Consulting Engineers: MPE/Tele/FA Engineering

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 3.1: Design Development (50% CD)Task 3.2: Construction Documentation

TOTAL FEE
Task 1.5: Geotechnical ReportTask 4 Agency ApprovalsTask 5: BiddingTask 6: Construction AdministrationTask 7: Project Close out / Record Drawings

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
Byun & Associates
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE Architectural Specifications Writer 0 8 26 4 38 $ 150.00 $ 5,700 TOTAL HOURS 0 0 0 0 8 26 4 0 0 0 38
TOTAL FEES $ - $ - $ - $ - $ 1,200 $ 3,900 $ 600 $ - $ - $ - $ 5,700 $ 5,700 Direct Project Expense (none) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ - $ - $ - $ 1,200 $ 3,900 $ 600 $ - $ - $ - $ 5,700 $ 5,700 Task 3.1: Design Development (50% CD) Task 3.2: Construction Documentation Task 4 Agency Approvals

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.2: Predesign / ProgrammingTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 2.2: Public OutreachTask 5: BiddingTask 6: Construction Administration

TOTAL FEE
Task 1.3: Utilities Research

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
CheckSet: QC Review
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE QC Reviewer 35 35 $ 250.00 $ 8,750
TOTAL HOURS 0 0 0 0 0 0 0 35 0 0 0 0 35
TOTAL FEES $ - $ - $ - $ - $ - $ - $ - $ 8,750 $ - $ - $ - $ - $ 8,750 $ 8,750 Direct Project Expense (none) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ - $ - $ - $ - $ - $ - $ 8,750 $ - $ - $ - $ - $ 8,750 $ 8,750 Task 3.1: Design Development (50% CD) Task 3.2: Construction Documentation Task 4 Agency Approvals

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.2: Predesign / ProgrammingTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 2.2: Public OutreachTask 5: BiddingTask 6: Construction Administration

TOTAL FEE
Task 1.3: Utilities Research

ATTACHMENT B

EXHIBIT C

City Of Stockton / Victory Park Pool
Stockton, CA
Cumming: Cost Estimator
NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS NO. HOURS TOTAL HOURS HOURLY RATE Managing Director 2 1 3 $ 210.00 $ 630
Senior Cost Estimator 14 15 29 $ 180.00 $ 5,220
Assistant Cost Manager 5 5 10 $ 115.00 $ 1,150
MEP Estimator 6 10 16 $ 180.00 $ 2,880
TOTAL HOURS 0 0 0 0 27 0 31 0 0 0 0 58
TOTAL FEES $ - $ - $ - $ - $ 4,595 $ - $ 5,285 $ - $ - $ - $ - $ 9,880 $ 9,880 Direct Project Expense (none) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LUMP SUM FEE $ - $ - $ - $ - $ 4,595 $ - $ 5,285 $ - $ - $ - $ - $ 9,880 $ 9,880

POSITION CLASSIFICATION
Task 1.1: Project AdministrationTask 1.3: Utilities ResearchTask 1.4: Surveying & Monument PreservationTask 1.5: Geotechnical ReportTask 2.1: Schematic DesignTask 3.1: Design Development (50% CD)Task 6: Construction AdministrationTask 7: Project Close out / Record Drawings

TOTAL FEE
Task 3.2: Construction DocumentationTask 4 Agency ApprovalsTask 5: Bidding

ATTACHMENT B

EXHIBIT C

The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.

The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).

PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor

ATTACHMENT B
EXHIBIT D Page 30 of 48 2163
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s).

Exhibit 2:

Insurance Requirements for Professional Services
Contractor shall 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 the Contractor, its agents, representatives, or employees.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No EXHIBIT D ATTACHMENT B Page 31 of 48 2164
representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.

EXHIBIT D ATTACHMENT B

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

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

Claims Made Policies (note – applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

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

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

EXHIBIT D ATTACHMENT B

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request.” Contractor shall provide proof of such compliance and verification to the City upon request.

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

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

EXHIBIT D ATTACHMENT B

EXHIBIT E ATTACHMENT B Page 35 of 48 2168

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

EXHIBIT E ATTACHMENT B

City of Stockton
Legislation Text
File #: 22-0296, Version: 1
APPROVE MOTION TO AUTHORIZE THE FIRE STATION NO. 2 COMMUNICATION CENTER

UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve the plans and specifications for the Fire Station No. 2 Communication Center Uninterruptible Power Supply Replacement, Project No. F022001.

2. Award a Construction Contract in the amount of $150,000 to Tri Power Systems of Modesto, CA, for the Fire Station No. 2 Communication Center Uninterruptible Power Supply Replacement, Project No. F022001.

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

Summary
The Fire Station No. 2 Communication Center Uninterruptible Power Supply (UPS) Replacement, Project No. F022001, will replace the UPS at the Fire Department's Emergency Communications Division (ECD) (Attachment A).

On January 27, 2022, the City received four bids for the project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Tri Power Systems, in the amount of $150,000 (Attachment B). Staff also recommends that Council approve a motion approving the plans and specifications for the project. Construction is anticipated to begin and be completed in fall 2022.

DISCUSSION
Background
A UPS is an electrical system that provides emergency power when the main power source or backup power source fails. A UPS differs from an auxiliary or emergency power system or standby generator and will provide near-instantaneous protection from main power interruptions, supplying energy stored in batteries. The on-battery run-time of most uninterruptible power sources is relatively short; however, sufficient to start a standby power source.

A UPS is used to protect hardware such as computers, data centers, telecommunication, radio equipment, or other electrical equipment. An unexpected power disruption could cause injuries, City of Stockton Page 1 of 3 Printed on 5/18/2022
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File #: 22-0296, Version: 1
fatalities, serious business disruption, or data loss. The UPS unit is designed to protect and power the entire ECD in the moments between mainline power failure and the backup generator coming online.

ECD is a 911 call center that operates 24-hours a day and provides emergency dispatching services to the City of Stockton and roughly 70 percent of the San Joaquin County population. It is imperative that ECD has power, and a UPS is a critical element in the power supply chain.

Currently, the public safety facility's technological and electronic critical functions are supported by the original equipment installed when the building was first opened in 1993. The original Liebert UPS system is out-of-date and obsolete. Parts are no longer manufactured for the current UPS, and once the unit fails or parts break, it will no longer be serviceable or in use. UPS systems typically have a lifespan of approximately 15-20 years, at which time it is recommended they are completely replaced.

The UPS currently in service was installed in 1993 and has been in continuous service for more than 28 years, and is well beyond its usable life.

Present Situation
On December 28, 2021, the Fire Station No. 2 Communication Center UPS Replacement, Project No. F022001, was advertised for bids. On January 27, 2022, four bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(Local Preference Applied)
Tri Power Systems $150,000 $150,000
(Modesto, CA)
CN O’Neill Electric $188,500 $179,075
(Stockton, CA)
James Day Construction, Inc. $248,397 $248,397
(Clearlake, CA)
Saboo, Inc. $263,000 $263,000
(Brentwood, CA)
Engineer’s Estimate $175,000
The project will replace the UPS, install a shunt switch, and rewire current configurations so future repairs and maintenance can be performed without turning off the power to the entire ECD, which is how the system is serviced today.

The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.

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File #: 22-0296, Version: 1
The bid from Tri Power Systems, the lowest responsive bidder, is regular in all respects. Tri Power Systems has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Tri Power Systems of Modesto, CA, in the amount of $150,000 (Attachment B).

FINANCIAL SUMMARY
The current funds in the Fire Station No. 2 Communication Center UPS Replacement, Project No.

F022001, Account No. 4510-000-800007-300-000-30-45-000-000, are sufficient to award a Construction Contract to Tri Power Systems in the amount of $150,000.

There is no impact to the City's General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
Attachment B - Construction Contract with Tri Power Systems City of Stockton Page 3 of 3 Printed on 5/18/2022
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ATTACHMENT A
.

ECD - Fire Station 2

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
FIRE STATION NO. 2 COMMUNICATION CENTER

UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT
PROJECT NO. F022001

VICINITY MAP

NOT TO SCALE
LEGEND
ECD - Fire Station 2
110 W. Sonora Street
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ATTACHMENT B

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

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

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

ATTEST:

ELIZA R. GARZA

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

LORI ASUNCION

OFFICE OF THE CITY ATTORNEY
By: ___________ _

DEPUTY CITY ATTORNEY
CITY:

By:_-,--____________ _

HARRY BLACK

CITY MANAGER
�./7.� /
By:_..:..-,,,::;.-,_..e::..:...?-f"r_ �-------­

TRI POWER SYSTEMS
47-3428840
Tax Identification No.

Local Construction Contract- Tri Power Systems -PROJECT NO. F022001 (Updated 12/31/20)

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ATTACHMENT B
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on _______________ _
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CONTENT:

LORI ASUNCION

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

DEPUTY CITY ATTORNEY
By:----------

PRINCIPAL
SURETY
By:----------

ATTORNEY-IN-FACT

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ATTACHMENT B
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on _______________ -'
APPROVED AS TO SURETY: By: ____________ _

PRINCIPAL
SURETY
By:----------

ATTORNEY-IN-FACT
APPROVED AS TO FORM & CONTENT:

LORI ASUNCION

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

DEPUTY CITY ATTORNEY

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City of Stockton
Legislation Text
File #: 22-0493, Version: 1

UPDATE ON THE VAN BUSKIRK STRATEGIC RE-USE PROJECT

RECOMMENDATION
Informational only. No action to be taken.

Summary
This is an informational presentation to provide an update and receive feedback on the Van Buskirk Strategic Re-use Project.

City of Stockton Page 1 of 1 Printed on 5/18/2022
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Van Buskirk Park
Master Plan Update
City Council Meeting
May 24, 2022
Agenda Item 15.1
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Agenda
• Introduction
• Van Buskirk Master Plan Update
• Levee Improvements
• Next Steps
• Question and Answers
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Area Context
Parks
Schools
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Site Context
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Existing Uses | Van Buskirk Park
Van Buskirk Park
• ADA Accessible Playground
• Basketball Court
• Baseball Fields
• Wall Ball/Hand Ball
• Tennis Courts
• Soccer Fields
• Picnicking/Small Gathering
Community Center
• Fitness Room
• Meeting Rooms/Classrooms
• Indoor Gym/Basketball Court
• Micro Library
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Existing Conditions
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Park History
• 1961, golf course established
• 1970, nine holes are added, making
it a traditional 18-hole course
• 2011, golf course revenue begins to
decrease
• 2018, back nine holes are closed
• January 2019, City begins Prop 68
public engagement
• August 31, 2019, golf course closes
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Public Outreach to Date
• Proposition 68 Grant Public Outreach
• December 19, 2018, Public Meeting
• January 5, 2019, Public Meeting
• Van Buskirk Master Plan Public Outreach
• Stakeholder Discussions March 3, 2021 and March 9, 2021 3:30-4:30 pm • Public Meeting #1: Virtual May 25, 2021, 5:30-7:30 pm • Public Meeting #1: Weston Ranch Library June 23,2021 6:00- 8:00 pm • Public Meeting #2: Van Buskirk Community Center Thursday, July 22 6:00- 8:00 pm 2242
What We’ve Heard: Stakeholder Input
Conversation highlights:
• Safety at Van Buskirk is very important
• Gathering spaces are needed
• Support local schools and community
groups through expanded recreation
• Recreation opportunities for variety of
age groups
Develop a long-term
sustainable park
Activate the park through
diverse recreation and park
amenities
Create gathering spaces that
encourage community
ownership and investment
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Recreational Uses and Facilities
Restoration and Education
• Wetland Restoration and Native Planting
• Education and Interpretation
• Levee Improvements/ Flood Control
Day Uses/ Activities
• Multi Use Trails / Exercise Course
• Picnics/ Group Gatherings
• Community / Cultural Events
• Community Gardens
• Dog Parks
Active Recreation Facilities
• Sports Courts / Fields
• Youth/ Children Play Areas/ Water Features
• Skate Park/ Bicycle Parks/ Golf Training
Indoor Facilities/ Uses
• Event Spaces (Small and Large)
• Café/ Coffee Shop
• Continued Education and Programming
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Alternatives
• Three Alternatives
• Similar program
• Active areas adjacent to community center
and club house
• Western portion: Low impact recreation and
restoration
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Current Alternative
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Alternatives Matrix
OBJECTIVES ALT (1) ALT (2)
Levee Repair 75 foot setback Fix-in-place
Habitat Creation
*Both strategies involve introducing a
new channel
New channel on the water side of the
levee
New levee gate (manual vs self
regulating/closing) or pump water into
the site
Passive Recreational Opportunities Pedestrian access and gathering spaces to eastern side of channel
Pedestrian access throughout the
entire site, gathering areas on eastern
side of water body
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Alternative 1: Setback Levee
Riparian Habitat
Wetlands
Passive (Low Impact)
Recreation
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Alternative 2: Fix-In-Place Levee
Riparian Habitat
Wetlands
Passive (Low Impact)
Recreation
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Site Sections
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Next Steps
• Project Timeline
• Alternative Concepts: Spring/Summer 2022
• Preferred Alternative/Community Meeting: Summer 2022
• Environmental Review: Summer/Fall 2022
• Prepare Master Plan Document: Fall/Winter 2022
• Present Final Master Plan to Council: December 2022
• (USACE) Prepare Master Plan Document: Commence Fall 2022 – Complete Fall 2023 • (USACE) Geotechnical: 2H CY22 Field work, 2H CY23 Report (Early Stage of Levee Design Process) 2251
Questions &
Answers
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City of Stockton
Legislation Text
File #: 22-0380, Version: 1

APPROVE BY MOTION A RECOMMENDED USE OF AMERICAN RESCUE PLAN ACT (ARPA)

CONTINGENCY FUNDS

RECOMMENDATION
It is recommended that City Council, by motion:

1. Authorize the appropriation of $2.5 million in ARPA contingency funds:
a) $1.5 million to support the Uplift Downtown Initiative to support improvements at the Stockton Arena;
b) $500,000 to support continued traffic and safety improvement projects within the Miracle Mile District; and,
c) $500,000 to support unfunded, State-mandated, COVID-related sick leave.

2. Authorize the City Manager to execute documents and contracts related to this recommendation in compliance with the City’s emergency procurement policies; and,

3. Authorize the City Manager to take appropriate and necessary action to carry out the purpose and intent of this action.

Summary
Following the February 16, 2022, ARPA City Council Study Session, it is recommended that $2.5 million of the ARPA contingency funds be used to support Uplift Downtown Initiative’s Arena Improvement Project, provide continued support of traffic and safety measures within the Miracle Mile District, and support the most recent round of State-mandated, unfunded, COVID sick leave.

DISCUSSION
Background
The American Rescue Plan Act (the Act) established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund (CLFRF), which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to support COVID-19 economic recovery efforts. Of the $350 billion, $19.53 billion was allocated to non-entitlement units of local government, ultimately allocating $78,052,072 to the City of Stockton based on the City's 2019 Census data. The Treasury's intended goal is to provide substantial flexibility for each government to meet local needs - including support for households, small businesses, impacted industries such as City of Stockton Page 1 of 4 Printed on 5/18/2022
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tourism, essential workers, and the communities hit hardest by the COVID-19 public health crisis.

These funds can also be used to make necessary investments in water, sewer, and infrastructure.

Funding objectives include relief to:
· Support urgent COVID-19 response efforts to continue to decrease the spread of the virus and bring the pandemic under control;
· Replace lost revenue for eligible governments to strengthen support for vital public services and help retain jobs;
· Support immediate economic stabilization for households and businesses; and · Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic.

Half of the funding, or $39,026,036, was received by the City on June 1, 2021. The remaining funds are tentatively scheduled to be distributed to the City in July 2022. Funds must be obligated by December 31, 2024. The period for performance ends December 31, 2026.

On September 14, 2021, with motion 2021-09-14-1501, the City Council voted to set aside 10% of the total ARPA award, or $7,805,208, as a contingency fund to be available for use as needed.

On December 14, 2021, with resolution 2021-12-14-1503, the City Council approved the use of up to $2 million in ARPA contingency funds to support a joint application for Project Homekey with Visionary Homebuilders. Resolution 2021-12-14-1504, at the same meeting, also reprogrammed ARPA Coordinated Entry and First Time Homebuyer Down Payment Assistance Funds to support another joint Homekey application with the Housing Authority of San Joaquin. If the State of California Department of Housing and Community Development (HCD) does not accept the Visionary application, the use of contingency funds will not be necessary; however, the available contingency was effectively reduced to $5,805,208.

Under authority provided with motion 2021-09-14-1501 and unrelated to the contingency balance, the City Manager has also reprogrammed the ERP COVID Related Cost Over-Runs / Offset funds of $406,865 to establish a new Recovery of City Government, General Administration fund that is supporting staff augmentation related to procurement and reporting efforts and reallocated the remaining balance from the Coordinated Entry Fund to Safe Camping and Parking.

Present Situation
On February 16, 2022, during the ARPA Study Session, staff presented several options for potential use of the ARPA contingency funds based on operational and community need. Council provided additional guidance and feedback during the Annual Council Planning Workshop, held on February 28, 2022. Although the Council did not provide detailed direction to staff and based on Council feedback, staff is recommending that Council use this one-time funding in support of the Uplift Downtown Initiative Arena Improvement Project, Miracle Mile Improvement District Support, and City of Stockton Page 2 of 4 Printed on 5/18/2022
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supporting the unfunded State-mandated COVID sick leave balances.

Upon further review and consideration of other available funding sources, staff is recommending $2.5 million in ARPA contingency funds for appropriation to support the following efforts:

Uplift Downtown Initiative’s Arena Improvement Project
An appropriation of $1.5 million would assist with bringing current the video technology capability to support the recruitment of events and drive economic development. This project will support the purchase and installation of upgraded video boards, necessary infrastructure, including but not limited to video control room equipment and audio reinforcement, and new ribbon boards at the Stockton Arena. Current technology in the Arena is beyond its useful life and very near critical failure.

This ARPA funding will be combined with other sources to complete the upgrade, estimated to be $2.5 million.

This project is aligned with the initiative’s goal to enhance and promote greater economic activity in the downtown core. Investments into the Arena supports not only the Uplift Downtown Initiative but the goals of the adopted Economic Development Strategic Action Plan as well. This investment will create additional experiences for the community, drive tourism, and increase sponsorship opportunities through recruitment of additional events. Current technology is required to recruit sports tournaments, provide expected fan experience, increase sponsor assets, and will avoid the anticipated increased cost should critical failure occur.

Traffic and Safety Measures within the Miracle Mile District An appropriation of $500,000 to support Public Works, Economic Development, and Miracle Mile Improvement District’s (MMID) efforts to improve the traffic and safety hazards within the Miracle Mile District. Miracle Mile Improvement District funding would supplement already in progress investment in the ongoing improvement of traffic, safety hazards, parking and lighting improvements.

State Mandated COVID Related Sick Leave
On February 9, 2022, with Assembly Bill 84 (AB84), the State of California mandated an additional eighty (80) hours of COVID-related sick leave to employees of employers with more than 26 employees. This bill was retroactive to January 1, 2022, through September 30, 2022.

During the previous mandated sick leave period--January 1, 2021, to September 30, 2021--the City spent nearly $1.1 million on sick leave alone, not inclusive of additional COVID-related workers compensation claims. With updated guidelines and unpredictable infection rates, it is unclear what the City may reasonably anticipate in expenses related to the current mandate. The original ARPA spending plan included $900,000 for COVID-related employee sick leave. The additional allocation of $500,000 will fully fund the sick leave costs through September 2021 and a portion of the costs stemming from AB84.

FINANCIAL SUMMARY
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With the City Council approval, the City Manager is authorized to appropriate $2.5 million in ARPA contingency funds to support the above-mentioned efforts. There are no other financial impacts to the City at this time.

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City of Stockton
Legislation Text
File #: 22-0414, Version: 1

APPROVE A RESOLUTION OF INTENTION FOR THE FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT AND AUTHORIZING BALLOTS FOR CITY-OWNED

PROPERTY IN THE PROPOSED DISTRICT BE CAST IN FAVOR OF FORMATION

RECOMMENDATION
It is recommended that the City Council adopt a Resolution of Intention:

1. Expressing Council’s intent to form the Miracle Mile Community Improvement District;

2. Accepting Petitions of Property Owners;

3. Preliminarily approving the Management District Plan and Engineer’s Report;

4. Approving the proposed Boundary Map;

5. Setting a date for a Public Hearing on the establishment of the Miracle Mile Community Improvement District and the levy of assessments for July 26, 2022;

6. Providing for property owner ballots and notices of the public hearing to be mailed; and

7. Authorizing and directing the City Manager, or designee, to sign the ballots for City-owned properties in the proposed district to be in favor of formation.

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

Summary
A Community Improvement District (CID) is a flexible financing tool to allow Stockton business districts new mechanisms to establish innovative ways of attracting, retaining, and expanding their businesses to remain competitive with other areas of the region. Formation of a CID is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211 (Attachment A - SMC Ordinance #2022-03-22-1211). The levy of assessments on real property within the proposed district will support activities and improvements for the assessed properties, including enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration, throughout the district. The Miracle Mile Community Improvement District (MMCID) has requested that the City of Stockton consider the formation of the district for a term of 20 years, beginning January 1, 2023.

DISCUSSION
Background
Local and state governments are often unable to provide specialized services to meet an area’s unique needs. A Community Improvement District (CID) is a flexible financing tool for creating private -sector, self-governed management districts. These districts provide the means for enhanced maintenance, safety, marketing, management, and advocacy services through property City of Stockton Page 1 of 4 Printed on 5/18/2022
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assessments. Property owners pay these assessments directly as part of their annual tax bill. Funds raised through a CID cannot be diverted to government programs. Currently, the Miracle Mile Property and Business Improvement District (MMPBID) is one of two existing Property and Business Improvement Districts within the City of Stockton. The MMPBID was established by Council Resolution No. 07-0310 (Attachment B - Resolution No. 07-0310) on July 17, 2007, with an initial term of five years. It was subsequently renewed by Council Resolution No. 2012-06-26-1601 (Attachment C - Resolution No. 2012-06-26-1601) for an additional five-year term with an expiration date of December 31, 2017. Presently the MMPBID operates under the 3rd approved five-year term renewed by Council Resolution No. 2017-12-28-0801 (Attachment D - Resolution No. 2017-12-28- 0801) with an expiration date of December 31, 2022.

The proposed formation of the MMCID will continue to operate similarly to the MMPBID. It will provide supplemental services to the Miracle Mile and Harding Way commercial corridors, including enhanced security and maintenance, landscape beautification, and marketing and events.

Present Situation
The MMCID proponents have requested that the City consider the establishment of a new Community Improvement District (CID) allowed under the City’s CID ordinance, as recently amended by Ordinance No. 2022-03-22-1211on March 22, 2022. A CID is a community-driven partnership with the City to improve the quality of life in neighborhoods and mixed-use commercial districts. The MMCID proposes a 20-year district term beginning January 1, 2023, as provided under the law. To initiate the process, the MMCID has complied with the required provisions, including the preparation of a Boundary Map (Exhibit 1 to the resolution) showing the territory proposed to be included within the district. The property uses within the boundaries of the proposed MMCID are a mix of retail, service, office, mixed-use, residential, public visitor related, cultural, and parking.

Under the City’s ordinance, district formation requires submitting petitions from property owners in the proposed district representing more than 30% of the total assessments to be paid into the proposed MMCID. Once the 30% threshold is met, a Resolution of Intention for the district formation is presented to the City Council for consideration.

Upon the Council’s approval, assessment ballots and notice of public hearing are mailed to property owners within the proposed district. The notice shall contain the total amount of the assessment proposed to be levied, the assessment rate proposed, the reason for the assessment, the duration of the assessment, the basis upon which the amount of the assessment was calculated, and the time and date of a public hearing on the proposed assessment. A public hearing is held at least forty-five (45) days after mailed notice to property owners to receive public testimony and tabulate the ballots received. If the weighted majority of all returned mail ballots support district formation, the City Council may adopt a Resolution of Formation to levy the assessments on the benefiting parcels, and the MMCID will be formed.

In addition, a Management District Plan (MDP) must be adopted that specifies how the assessment funds are to be spent. Property owners establish the spending priorities and limits through the MDP.

The MMCID MDP contains:
· District formation requirements, regulations, governance, and boundary map.

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· The proposed examples of special benefit services, the percentage allocated, and how the district will be governed.
· Proposed funding sources, including proposed method and basis of levying the assessment presented.
· The time and manner of collecting the assessment.
· The specific number of years the district will levy the assessment. · A list of assessed properties.

Further, the MMCID must prepare an annual report to the City Council outlining its accomplishments each year.

Written petitions were distributed to property owners of record beginning on April 20, 2022, along with an MDP summary describing the district boundaries, assessments, and services of the MMCID. On May 12, 2022, the MMCID delivered signed petitions to the City indicating support from 35.43 percent (%) of the property owners, where only 30% is the threshold required by law to adopt a resolution of intention and begin the district formation process. Property owners may submit petitions to the Miracle Mile until May 24, 2022. These petitions will on file with the City Clerk.

MANAGEMENT DISTRICT PLAN
The MDP (Exhibit 2 to the resolution) includes the proposed boundary map of the MMCID, district improvement and activity plan, assessment methodology, district rules, regulations and governance, implementation timetable, assessment roll of properties included, and other provisions required by law. The MMCID consists of approximately 25 square blocks consisting of 155 parcels owned by 95 property owners, as identified in the MDP. The MDP includes a detailed map and full description of the boundaries of the District.

The MMCID will provide services funded by the assessments to specifically benefit the properties within the district that are above and beyond those provided by the City and other government agencies, including:
· Support increased commerce
· Enhance business attraction and retention
· Retain and increase commercial property rentals
· Attract new residential developments
· Enhance safety and cleanliness in the district
· Improve District identity
· Fund specialized beautification and enhanced services for the property owners, businesses, visitors, and residents within the district
The MMCID’s MDP gives property owners flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis. As MMCID evolves, services needed one year may not be required the next. Therefore, “bundles” or categories of special benefit funding have been created and divided into four broad categories. Each bundle is allocated funding percentages with the flexibility to prioritize or minimize a service within each bundle. The following bundles of services and allocations are included in the MDP:

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1. Civil Sidewalks (clean & safe) - 60%

2. District Identity and Placemaking - 15%

3. Administration/District Management - 22%

4. Contingency/Reserve - 3%
The assessment will be implemented beginning January 1, 2023. The county will collect the assessments annually from each assessed property owner and forward them directly to the MMCID.

The projected annual budget for operations for the MMCID is $230,550, which property assessments will fund.

The district renewal process involves a great amount of outreach, planning, organization, and documentation. The current MMCID has initiated the district formation process by contracting with a consultant, conducting stakeholder meetings, and developing the MDP and Engineer’s Report.

FINANCIAL SUMMARY
The MDP requires that local governmental agencies, including the City of Stockton, pay assessments for special benefits conferred to their property within the boundaries of the MMCID, pursuant to Article XIIID of the State of California Constitution.

The proposed assessments are a sum of the building square footage, lot size, and linear frontage costs per parcel, per Benefit Zone. The initial annual rate for each parcel is shown in the table below.

Assessment rates may be subject to yearly increases not to exceed 5% per year and shall not exceed the actual increases in costs and services.

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage $0.13 $0.07 $0.11 N/A
Lot/Parcel Size $0.13 $0.07 $0.11 N/A
Linear Frontage N/A N/A N/A $2.00
There are 11 City-owned properties along the MMCID. Total assessment for calendar year 2023 is $21,639.84 and will be paid from the Administrative Services Department General Fund, General Administration Division, Tax Collection Costs program account.

Attachment A - SMC Ordinance #2022-03-22-1211
Attachment B - Resolution No. 07-0310
Attachment C - Resolution No. 2012-06-26-1601
Attachment D - Resolution No. 2017-12-28-0801
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Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION OF INTENTION FOR FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT, ACCEPTING PETITIONS OF PROPERTY

OWNERS, PRELIMINARILY APPROVING THE MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT, APPROVING A PROPOSED BOUNDARY MAP,

SETTING A DATE FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF THE DISTRICT AND LEVY OF ASSESSMENTS ON JULY 26, 2022, PROVIDING FOR

PROPERTY OWNER BALLOTS, AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO SIGN THE BALLOTS FOR CITY-OWNED PROPERTY
The Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., authorizes cities and counties to establish and renew property and business improvement districts for the purposes of providing activities and improvements which generate a special benefit to assessed parcels; and The City of Stockton’s Community Improvement District Ordinance, at Title 3, Chapter 3.96 of the Stockton Municipal Code, as amended by Ordinance No. 2022-03-22-1211, provides for alternative procedures which supplement the procedures of the Streets and Highway Code; and
The Miracle Mile Community Improvement District (“MMCID”) Management District Plan (hereafter “Plan”), provides for enhanced security and maintenance, landscape beautification, advocacy services, marketing, and events with the intent of providing special benefits to assessed parcels within the MMCID; and Owners of parcels within the proposed MMCID have submitted petitions asking that the City Council establish the MMCID. Included with each petition was a Plan summary and a map showing the boundaries of the proposed MMCID. The petitions, the boundary map, and the Plan are on file with the City Clerk; and The City Council finds that the City has received petitions signed by property owners in the proposed MMCID who will pay more than 30% of the proposed assessment; and
The City Council finds that the Plan satisfies all the requirements of Streets and Highways Code section 36622. The Plan proposes to fund improvements and services through the levy of a benefit assessment on real property within the MMCID; and Pursuant to Article XIID, section 4 of the California Constitution, publicly owned properties which receive special benefit from the improvements must be assessed a proportionate share of the costs thereof; now, therefore, //
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Recitals. The recitals set forth herein are true and correct.

2. Intention and Acceptance of Petitions. The City Council finds that property owners who will pay more than 30% of the assessment proposed in the Plan have signed petitions. The City Council accepts the petitions on file with the City Clerk and intends the formation of the MMCID and to levy an assessment on real property within the MMCID boundaries in accordance with City’s Community Improvement District law.

In the first year of the twenty-year term, the proposed assessment on all property owners is approximately $230,550.

3. Assessment. The assessment will be imposed on real property within the proposed district at the following rates:

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage
(per square foot)
$0.13 $0.07 $0.11 N/A
Lot/Parcel Size (per
square foot)
$0.13 $0.07 $0.11 N/A
Linear Frontage (per
linear foot)
N/A N/A N/A $2.00
Assessment rates may be subject to annal increases not to exceed 5% per year.

Increases will be determined by the Owners’ Association and will vary between 0 - 5% annually due to increasing costs in labor, materials, and other expenses. Such an increase will not exceed the actual costs to provide the same or similar level of service from year to year. Zone boundaries are depicted in the attached map, incorporated herein as Exhibit 1.

4. Management Plan and Engineer’s Report. The Management Plan and Engineer’s Report have been prepared and filed with the City Clerk, incorporated herein by this reference as Exhibit 2. The City Council finds that the Plan satisfies all requirements of Streets and Highway Code section 36622.

5. Boundary Map. The exterior boundaries of the MMCID are shown on the map attached to this resolution and on file with the City Clerk, incorporated herein by this reference as Exhibit 1.

6. Bonds. Bonds shall not be issued for the MMCID.

7. Hearing. The time and place for the public hearing on the establishment of the MMCID and the levy of the proposed assessment is set for 5:30 p.m. on July 26, 2022, in the City Council Chamber located at 425 N. El Dorado Street, Second Floor, Stockton, CA 95202. The City Council may continue the public hearing from time to time.

8. Notice of Hearing. The City Clerk is directed to give notice of the time and 2415
place of the public hearing in accordance with Streets and Highways Code section 36623. The City Clerk is to do this by mailing (or causing to be mailed) written notices and assessment ballots in the time, form, and manner provided by Government Code section 53753 to all persons who own real property within the proposed MMCID and will be subject to the proposed assessment. The City Clerk is further directed to file an affidavit with the City Council when all notices and ballots have been mailed, setting forth the time and manner of his or her compliance with the requirements of law for mailing the notices and ballots. The notice, incorporated herein by this reference as Exhibit 3, shall be mailed not less than forty-five (45) days before the date of the public hearing.

9. Ballot and Authorization. At the public hearing, the City Council will consider all objections or protests to the proposed assessment, and any interested person will be permitted to present written or oral testimony. At the conclusion of the public hearing, all ballots submitted and not withdrawn will be tabulated in accordance with Government Code section 53753. The City Council hereby authorizes the City Manager, or designee to sign and execute the property owner’s assessment ballots for all property owned by the City and proposed to be assessed, in favor of the formation of the MMCID and the assessment thereon.

10. Effectiveness. This resolution shall take effect immediately upon its passage.

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

PASSED, APPROVED, and ADOPTED May 24, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
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NORTH TUXEDO

SOUTH CENTRAL
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HUNTER ST
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COMMERCE ST
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HUNTER ST
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SUTTER ST

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E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

W ALPINE AVE
020
070
050
170
180
350
320
270
370 25
260 0
380
390
010
020
230
240
250
260
250
120
270
260
110
050
080 040
070
060
010
050
100
090
080
060
070
160
030
040
160
150 180
110 120
055
001 160 190
020
010
31 0
420
220
200 210
230
040
560
570
550
160
150
140
030
010 040
080
070
090
060
040
050
010
100
170
160
100
390 370
410
210
230
250 070
080
090
100
120
040
360
370
390
380
35 0
340
060
020
030
040
050
010
010
020
030
040
050
070
400
020
03 010
020
010
007
020
0 250 500 1,000
Feet
364
363
354
050
040
030
020
290
320
240
340 380
010
030
060
030
110
070
060
070
070 070
050
041
042
020
095
080
080
070
570
310 330
340
010
350 340
030
020
030
010
370
010
360
350
340
020 030
040
040
040
010
210
030
020
170
540 W HARDING WAY

PACIFIC WAY

PACIFIC WAY
070
330
320
020
020
0 0
30 20
010
170
280
050
300
018
310
017
060 060
070
080
LEGEND

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
2417
EXHIBIT 2 2418
EXHIBIT 2 2419
EXHIBIT 2 2420
EXHIBIT 2 2421
EXHIBIT 2 2422
EXHIBIT 2 2423
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EXHIBIT 2 2433
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EXHIBIT 2 2439
EXHIBIT 2 2440
EXHIBIT 2 2441
EXHIBIT 2 2442
EXHIBIT 2 2443
EXHIBIT 2 2444
EXHIBIT 2 2445
EXHIBIT 2 2446
EXHIBIT 2 2447
 
 
 
 










 

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EXHIBIT 3

MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

PUBLIC NOTICE

A PUBLIC HEARING ON THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT

IS SCHEDULED FOR
JULY 26, 2022, AT 5:30 P.M.,

CITY COUNCIL CHAMBERS,
425 N. EL DORADO STREET, STOCKTON, CA 95202.

Location: The Miracle Mile Community Improvement District (MMCID) shall include those commercial parcels in the Pacific Avenue area from Alpine Avenue on the north to Harding Way on the south, and all commercial parcels that front Harding Way between Lincoln Street on the west and North El Dorado Street on the east.

The MMCID boundary overview is illustrated on the enclosed map.

Services: The purpose of the MMCID is to provide activities and improvements which constitute and convey a special benefit to assessed parcels. The MMCID will provide enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration with the intent of providing special benefits to assessed parcels within the MMCID directly and only to assessed parcels within its boundaries.

Budget: The MMCID’s total annual assessment budget for the initial year of its 20-year operation is anticipated to be $230,550. This is the total amount of assessment chargeable to the entire district in the initial year of operation. The annual budget may be subject to yearly increase in assessment rates of no more than five percent (5%) per year.

Cost: The assessment rate (cost to the parcel owner) will be levied on property in the district based on benefit zone, building square footage, parcel square footage, and parcel linear frontage. The initial annual rate of assessment to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than five percent (5%) per year.

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage (per
sq. ft)
$0.13 $0.07 $0.11 N/A
Lot/Parcel Size (per sq. ft.) $0.13 $0.07 $0.11 N/A
Linear Frontage (per linear ft.) N/A N/A N/A $2.00
Formation: The assessment shall not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with the ballots weighted according to the proportional financial obligation of the affected property. The ballot included in this packet provides information on how to complete and return your ballot so that it may be tabulated.

Duration: The MMCID, and the duration of the assessment, will be for a 20-year period beginning January 1, 2023, through December 31, 2042. Near the end of the term, the petition, ballot, and City Council public hearing process would have to be repeated for the MMCID to be renewed.

The Property Owner Ballot included in this packet contains important information concerning its completion, return, and tabulation, and the effect of casting ballots in support or in protest of the assessment. For more information on the documents in this packet, please call the City Clerk at (209) 937-8459. For more information, please call MMCID at (209) 623-1144.
2480

FORMATION OF

THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT
MAY 24, 2022AGENDA ITEM 15.3
2481

BACKGROUND
City has two PBID’s:
 Downtown Stockton Alliance  Miracle Mile Improvement District Miracle Mile Improvement District:
 Established on July 17, 2007, with a five-year term Renewed by Council on both June 26, 2012, and December 28, 2017, for five-year terms
 Current MMPBID set to expire December 31, 2022
2482

BACKGROUND
Community Improvement District: Operate similarly to the current Miracle Mile District A community-driven partnership with the City to improve quality of life and drive economic development in neighborhoods and mixed-use districts  District formation requires property owners submitting petitions representing more than 30% of total assessments
 Resolution of Intention for district formation presented to Council for consideration
 Upon Council’s approval, subject to property owner vote; ballots will be sent to all property owners subject to assessment before June 11, 2022  Formation of the District requires a public hearing to tabulate the “yes” votes; with weighted majority of the ballots received by the City Clerk, Council adopts a Resolution of Formation 2483

BOUNDARY MAP
The Miracle Mile Community Improvement District will include:Pacific Avenue from Alpine Avenue on the north to Harding Way on the south
A mix of retail, service, office, mixeduse, residential, public visitor related, cultural, and parking.
All commercial parcels that front
Harding Way between Lincoln Street on the west and North El Dorado Street on the east A total of 25 square blocks with four benefit zones for a total of 155 parcels owned by 95 property owners. 2484

SPECIAL BENEFITS OF THE

DISTRICT
Miracle Mile CID would provide funding for:
 Civil Sidewalks District Identity & Placemaking Administration/District Management Contingency/Reserves Proposed District duration:
 20 years (January 1, 2023, through
December 31, 2042)
2023 Annual Budget: $230,550
2485

ECONOMIC

DEVELOPMENT
Community Improvement Districts can: Increase foot traffic to merchants Promote business attraction and retention to remain competitive
 Attract new residential or mixeduse developments Enhancements increase property values
 Retain and increase commercial
property rentals
2486

TIMELINE AND PROCESS
 April 20, 2022: Began petitions distribution May 13, 2022: Signed petitions delivered to the City:
 Renewal initiation requires more than 30% of property owners to sign petitions
 35.43% of the property owners signed petitions
 May 24, 2022: Resolution of Intention proposed June 11, 2022: Final date to mail Notice and Proposition 218 Ballot
 July 26, 2022: Final Public Hearing and ballots counted 2487

RECOMMENDATION
Adopt a Resolution with the following: Expressing Council’s intent to form the Miracle Mile Community Improvement District;
 Accepting petitions of property owners; Preliminarily approving the Management District Plan and Engineer’s Report;
 Approving the proposed boundary map; Set Public Hearing and the levy of assessments for July 26, 2022;  Providing for property owner ballots and notices of the public hearing to be mailed; and
 Authorizing and directing the City Manager, or designee, to sign ballots for City-owned properties in favor of formation.
2488
City of Stockton
Legislation Text
File #: 22-0284, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE ANIMAL SHELTER RENOVATION PROJECT

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

1. Award a Professional Services Contract to Swatt Miers Architects of Emeryville, CA, in the amount of $712,809, for design of the Animal Shelter Renovation, Project No. P023001.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

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

Summary
The Stockton Animal Shelter is located at 1575 South Lincoln Street (Attachment A - Vicinity Map).

The Animal Shelter Renovation project includes updating the existing facility plus construction of a new building to improve overall functionality and operations. The project will add a cattery, medical facilities, staff offices, restrooms, animal isolation and rehabilitation areas, and conference room space. Updates to the existing Animal Shelter will include network upgrades, backup generators, uninterrupted power supply, a new industrial freezer, and repurposing existing modular buildings on site.

On November 18, 2021, the City advertised a Request for Proposals (RFP) for design of the Animal Shelter Renovation project. On December 9, 2021, five firms submitted proposals for this project.

The Selection Committee evaluated the proposals and found Swatt Miers Architects of Emeryville, CA, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $712,809 to Swatt Miers Architects. It is anticipated that the design will be completed by spring 2023. The project will then be advertised for construction bids, with overall project completion anticipated by summer 2024.

DISCUSSION
Background
On September 14, 2021, Council approved use of $78,052,072 in American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds (ARPA). The Animal Shelter Renovation project City of Stockton Page 1 of 3 Printed on 5/18/2022
powered by Legistar™
2489
File #: 22-0284, Version: 1
was appropriated $2.7 million in Round 1 ARPA funds, with another $2.7 million earmarked for Round

2. An additional $200,000 in donations from the Carl O. Shatz estate was accepted by City Council at the April 19, 2022, meeting.

The Stockton Animal Shelter facility is located at 1575 South Lincoln Street in Stockton, CA (Attachment A - Vicinity Map). The facility currently operates with 18 full-time employees and 30 contract and volunteer workers. The Animal Shelter provides medical treatment for up to 10,000 animals annually including spay/neuter, emergency, and dental care.

The Animal Shelter Renovation project includes updating the existing facility plus construction of a new building to improve overall functionality and operations. The project will add a cattery, medical facilities, staff offices, restrooms, animal isolation and rehabilitation areas, and conference room space. Updates to the existing Animal Shelter will include network upgrades, backup generators, uninterrupted power supply, a new industrial freezer, and repurposing existing modular buildings on site. Other improvements to existing Animal Shelter areas may be added if funding is available.

Present Situation
On November 18, 2021, the City advertised an RFP for design services of the Animal Shelter Renovation, Project No. P023001. On December 9, 2021, five proposals were received from the following engineering firms:
· Indigo Hammond + Playle Architects, LLP (Davis, CA)
· JKA (Santa Rosa, CA)
· LDA Partners (Stockton, CA)
· Rania Alomar Architect, Inc. dba RA-DA (West Hollywood, CA) · Swatt Miers Architects (Emeryville, CA)
A Selection Committee comprised of Public Works and Police staff evaluated and ranked the proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of the proposed team, project approach, cost proposal, and local preference.

Swatt Miers Architects received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $712,809 with Swatt Miers Architects for design services. This fee is approximately 15 percent of the estimated construction cost, which is reasonable for a project of this size and complexity.

Staff recommends that Council adopt a resolution to award a Professional Services Contract in the amount of $712,809 to Swatt Miers Architects for design services of the Animal Shelter Renovation project (Attachment B). It is anticipated that the design will be completed by spring 2023. The project will then be advertised for construction bids, with overall project completion anticipated by summer 2024.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

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File #: 22-0284, Version: 1

1. The City does not have sufficient staff available to design this project.

2. The scope of the design services requires an engineering firm experienced in animal shelter design.

3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The current unencumbered balance in the Animal Shelter Upgrades, Project No. P023001, Account No. 4510-000-800007-300-000-30-45-000-000, is sufficient to award a Professional Services Contract in the amount of $712,809 to Swatt Miers Architects in the amount of $712,809.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
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VICINITY MAP

NOT TO SCALE
c:]CITYLIMIT
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LEGEND

ANIMAL SHELTER RENOVATION
$ .EET
PROJECT NO. P023001

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS
@ PROJECT LOCATION

ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT AND APPROVING FINDINGS FOR THE ANIMAL SHELTER RENOVATION, PROJECT NO.

P023001
On November 18, 2021, the City advertised a Request for Proposals for design of the Animal Shelter Renovation, Project No. P023001; and The project includes updating the existing facility plus the construction of a new building to improve overall functionality and operations. The project will add a cattery, medical facilities, staff offices, restrooms, animal isolation and rehabilitation areas, and conference room space. Updates to the existing Animal Shelter will include network upgrades, backup generators, uninterrupted power supply, a new industrial freezer, and repurposing existing modular buildings on site; and
Swatt Miers Architects received the highest ranking and was determined by the Selection Committee to be the most qualified firm for this project; and Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process; now, therefore,

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

1. The City Council awards a Professional Services Contract between the City of Stockton and Swatt Miers Architects, in the amount of $712,809, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves findings pursuant to SMC section 3.68.070 in support of an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff available to design this project.

2. The scope of the design services requires an engineering firm experienced in animal shelter design.

3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the 2493
criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

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

PASSED, APPROVED, and ADOPTED May 24, 2022 .

ATTEST: KEVIN J. LINCOLN II
Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)

PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and SWATT MIERS ARCHITECTS whose address is 5845 DOYLE STREET, SUITE 104, EMERYVILLE, CA 94608 (“Consultant”) for the ANIMAL SHELTER RENOVATION (PROJECT NO.

P023001), hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $712,809.00 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall