City Council and Concurrent Authorities
December 3, 2024

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________ , by and between Haggerty Construction, Inc. , a STATE OF CA (TYPE), with a business address
at (2474 Wigwam Dr., Stockton CA 95205,
hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T
N E S S E T H:

WHEREAS, plans and specifications for the construction of BANNER ISLAND BALLPARK RENOVATION, PROJECT NO. PUR 25-0 04,
hereinafter
called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and

WHEREAS,
the contract for said work was regularly awarded to
CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and spec
ifications as specified in EXHIBIT A. The
"contract documents," which include the bid documents, project plans, specifications, all letters
of
clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner
and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Economic Development Department
of the City of Stockton. Total compensation for
services and reimbursement
for costs shall not exceed $6,100,000.00 or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE.

CONTRACTOR shall not commence any work before
obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1. 06 of the
City of Stockton Standard Specifications and Plans as
adopted on September
27, 2016, by Council Resolution No. 2016-09-27-12 13, effective September 27, 2016.

Banner I
sland Ballpark Renovation – PROJECT NO. PUR 25-004
(Updated 10/18/23)
EXHIBIT 2
1 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, t
he requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

All self-insured ret
entions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self -insured retention (SIR) may be required.

Policies co
ntaining any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.

The City of St
ockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.

Failure to exer
cise this right shall not constitute a waiver of right to exercise later.

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

Contractor agrees
to include with all S ubcontractors in their subcontract the same requirements and provisions of this A greement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same pr ovisions with any Sub- subcontractor. A copy of the City of Stockton Contract EXHIBIT 2
2 Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request
. The General Contractor shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

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

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

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

6. WORKING DAYS.

It is agreed by the parties to the contract that in case all the work called for under
the contract in all par ts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is
and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore
agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of
days prescribed; and CONTRACTOR agrees to pay said
liquidated damages as herein provided, and in
case the same are not paid, agrees that
CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work
called for under the contract is not finished and
completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve Banner Island Ballpark Renovation – PROJECT NO. PUR 25-004 (Updated 10/18/23)
EXHIBIT 2
3 the interest of CITY, and if CITY decides to increase the said number of days, CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever i s greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

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

7. CONFORMANCE

TO APPLICABLE LAWS
A. TITLE VI
Title V
I 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. DISCRIMI

NATION AND HARASSMENT POLICY
The City
of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2
4 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 AND PROVISIONS/CALIFORNIA LABOR CODE The bidder shall understand that
conditions set forth in Chapter 1, Part 7,
Division 2 of the California Labor Code shall
be considered part of the
contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&par
t=7.&chapter=1.&article=2.

D. PREVAILING WAGE
CONTRACTOR and
any Subcontractor shall pay each employee engaged
in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the prov
isions of Section 1770 of the Labor Code, the
Director of Department o
f Industrial Relations of the State of California has
determined the general prevailing
rates of wages and employer payments
for health and
welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section
3093 and similar purposes applicable to the work to
be done. CONTRACTOR per forming the work under this contract shall obtain a copy of the wage rate determination
and shall distribute copies to
each Subcontractor. As the wage determination for eac h craft reflects an expiration date, it s hall
be the prime CONTRACTOR and each
Subcontractor's responsibility to ensure that th e prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR per
forming the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be ob
tained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and s hall maintain same in a good readable condition for
the duration of the work.
(ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by t
he Labor Unions, the CONTRACTOR shall
reimburse the CITY
the actual cost of engineering, inspection,
superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertak en 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 t
he State of California. To forfeit as a penalty to
EXHIBIT 2
5 CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any Subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of Cali fornia. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll r ecords. A copy of said records shall be provided with eac
h invoice to the Economic
Development Department, Attention Project Manager.

It shall be
the CONTRACTOR’S responsibility t
o obtain
copies of the
current prevailing wage rate determination for all s ubcontractors.

Additionally, certified payroll records must be uploaded to the DIR website as required by l
abor code.
(iv) The CONTRACTOR shall comply with the p
rovisions established in
Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees
for the employment and
training of apprentices, and 2)
contribution of funds to administer and
conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this c
ontract, the contractor, for itself, its
assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.

F. SANCTIONS
Deliverables must
conform with all applicable federal, state, and local
laws. Such conformity includes compliance with federal s anctions, and Contractor certifies that i
t has not and will not engage in prohibited
transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. T
o pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon EXHIBIT 2
6 the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

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

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

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

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

Processing
of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS
(a) CITY res erves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be EXHIBIT 2
7 relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.

12. FHWA 1273 AND CARGO PREFERENCE ACT
Federal form FHWA
1273 is physically included in this contract as Exhibit E.

In compliance with the Cargo P
reference Act of 1954 (CPA), 46 CFR §381, and the
implementing regulations in 46 CFR §381.7, the Contractor agrees:

13. EXHIBITS. All Exhibits are incorporated herein.

Exhibit A - Scope of Work
Exhibit B - Contractor's Bid Schedule
E
xhibit C - Insurance Requirements
Exhibit D - Discrimination/Harassment Policy
Exhibit E - Appendix E of Title VI Assurances
Exhibit F - Federal Aid Funding Requirements
Exhibit G - Land Covenant
Exhibit H - Soil Remedial Plan
Exhibit I - ARPA Funding Requirements
Exhibit J - Faithful Performance Bond
Exhibit K - Labor and Material Bond

14. TERM. The contract term will be three years. Contract maybe extended by mutual agreement by both parties, in writing through an amendment to this contract.

15. 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.

Banner Island Ballpark Renovation – PROJECT NO. PUR 25-004 (Updated 10/18/23)
EXHIBIT 2
8 IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER

APPROVED AS TO FORM
& CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:
(CONTRACTOR NAME)
By:

DEPUTY CITY ATTORNEY
Tax Identificat ion No.

EXHIBIT 2
9 BANNER ISLA

ND BALLPARK MLB RENOVATION PROJECT

SCOPE OF WORK
General contract
or will renovate and construct needed improvements to the Banner Island Ball Park to meet MLB required standards, per construction drawings. The primary purpose of the proposed modifications to Banner Island Ballpark located in Stockton, CA is to ensure the facility complies with Major League Baseball (MLB) Player Development License (PDL) Requirements.

In 2022 MLB conducte
d a facility audit and report documenting facility non-compliance items. Conceptual plans and construction drawings have been designed by Pendulum Studio, LLC (Kansas City, MO) to resolve all identified deficiencies. Schematic Design drawings outlining proposed facility modifications were submitted to MLB by the Stockton Ports on behalf of the City of Stockton in early 2023. The documents were reviewed and approved by MLB’s designated review agency (Ewing Cole) to be in compliance with MLB requirements. The approach of the plan is to modify and re-use space and equipment where practical to complete the improvements with a cost and time-sensitive method.

The impr
ovements have been approved by MLB to be completed or largely completed by the beginning of the 2025/26 season, commencing in March 2026.

The documented s
cope of the project is as follows:

1. Existing B
atting/Pitching Tunnel
• The existing batting/pitching tunnel located on the grade level/main concourse level along the first base line was identified as NOT being in compliance with MLB standards which requires two (2) lanes with dimensions of no less than 15’-0” feet wide by 75’-0” feet, with an additional perimeter width of at least 2’-0” feet on all sides. The required clear height of the batting tunnel is required to be 12’-0” feet which includes any potential sag of the overhead netting system. The existing batting tunnel is too low by approximately 2’-0” feet.
• The proposed solution is to repurpose the existing open air batting tunnel for use as a shared weight room facility (MLB requires a minimum of 750 SF of enclosed and conditioned space easily accessible by the home and visiting team). • The existing netting and lighting fixtures shall be removed. The interior space in its entirety shall be enclosed and conditioned by filling any openings to the main concourse with storefront glazing or exterior grade stucco. A new rooftop mechanical unit shall be added above the space.
• The enclosed s quare footage area in excess of 750 SF shall be used as a new hospitality space equipped with new plumbing, lighting, and interior finishes.

EXHIBIT 2
10 2. New B
atting/Pitching Enclosure
• A new 3,500 SF batting/Pitching has been located in a portion of the existing surface parking lot as a standalone building for use by the home and visiting team. The new building shall match the overall aesthetic of the existing facility and shall comply with the MLB interior spatial requirements.
• In addition to the batting/pitching lanes the required 200 SF minimum secure MLB storage room shall be housed in this new building.

3. Female Sta
ff Locker Addition
• Although temporary measures were taken for the 2023 season to repurpose an existing public restroom for use as female staff accommodations, the fix will not comply long-term. MLB requires a minimum accommodation of two (2) showers, two (2) lavatories, two (2) water closets, and four (4) lockers for female staff use. The existing facility trash compactor shall be relocated from its existing position directly adjacent to the visitor locker room and instead placed adjacent to the new batting/pitching enclosure. This move will allow more efficient and serviceable access for garbage removal from the site through a new gate system from the slightly reconfigured surface parking lot.
• The prior tra sh compactor location shall be the site of a new building enclosure with the required number of fixtures for the MLB required female staff lockers.

4. Visiting Tea
m Locker Room Program Additions
• The existing visiting team locker room does NOT comply with the MLB required locker count. It also does NOT have a MLB compliant commissary area (service kitchen) to accommodate food service for the visiting team. • The visiting team locker room shall be expanded to accept eight (8) additional lockers as well as a new enclosed commissary area that includes the following MLB required amenities:
• Hot and cold water sink
• Microwave
• Dishwasher
• Upper and lower storage cabinets
• Refrigerator/Freezer
• Seating for a minimum of eight (8) individuals
• The aforementioned locker additions shall consist of repurposed lockers from the existing home team locker room. (The design intent for this project is to maximize cost efficiency by reusing as many existing furniture components as possible) • One (1) additional MLB required whirlpool shall be added to the existing visiting team training room
• A private Visiting Team Manager’s office shall be added to the locker room space equipped with a desk and two (2) lockers per MLB requirements. • Interior f inishes shall be patched and repaired as needed. At all areas that include new scope, finishes matching existing conditions shall be provided.

EXHIBIT 2
11 5. Hom
e Team Locker Room Program Additions
• The existing home team lockers shall receive a total refresh bringing the facility up to par with comparable markets and transforming the space into a first rate but efficient and comfortable space for the home team.
• All existing home team lockers shall be removed but preserved and shall be repurposed in other areas that require lockers such as the listing team lockers, new female staff locker room and visiting coach/manager locker rooms. • The home team player, coaches, and manager locker rooms shall receive all new lockers
• Per MLB requirements a new manager’s office shall be constructed (currently does not exist).
• The existing home team weight room (currently not sharable with then visiting team and too small) shall be repurposed for use as the MLB required home team commissary and shall include the following MLB required amenities:
• A hot and cold water sink
• Microwave
• Dishwasher
• Upper and lower storage cabinets
• Refrigerator/Freezer
• Seating for a minimum of eight (8) individuals
• The existing laundry area shall be upgraded to include the following MLB required appliances:
• Two (2) 50 lb com mercial washers
• One (1) 70 lb commercial dryer
• All existing floor, ceiling, and base finishes shall be refreshed.

6. Temporary
Female Staff Accommodations
• The temporary female staff accommodations made for the 2023 season shall be kept in tact and used as a dedicated locker room for female umpires per MLB requirements.
• Interior finishes shall be refreshed so that the space feels permeant versus temporary.

7. Secure Pl
ayer Parking
• The existing player parking adjacent to the public parking lot is not marked and is not totally secure in line with MLB requirements.
• New 8’-0” feet tall secure line fencing and a code accessible gate shall be added and 35 parking spaces shall be striped for secure player use.

8. Batter’s Ey
e Extension
• MLB requires the batter’s eye screen at dead center field to be 36’-0” feet tall by 60’- 0” feet wide minimum. Currently the batter’s eye screen is short by approximately 7’- 0” vertically.

EXHIBIT 2
12 • A s
creen extension has been documented and shall be installed to bring the facility in compliance.

9. Seating Bo
wl Reseat
• The original stadium seating manufacturer (American Seating) is no longer in business and therefore the existing seating stock is not serviceable by means of replacement parts and stock. Many of the existing seats are broken and in some cases present the potential of injury to patrons due to broken backs and seat pans. • All seating in the seating bowl shall be replaced and shall maintain the existing seating count one for one.

10. Field Light
ing Upgrade
• MLB requires all facilities to upgrade to LED lighting with a minimum lighting level of 110 foot candles (fc) in the infield and 70 foot candles (fc) in the outfield. The current field lighting system is NOT in compliance.
• MUSCO lighting is providing an updated photometric analysis of the ballpark and a bid to bring the lighting system into full MLB compliance.

11. Existing
Steel Member Repaint
• The existing structure is showing its age with an abundance of fading and peeling paint. This is likely due to the original specification of an inferior high performance coating specification.
• The documents c urrently call for a complete repainting of all exposed steel elements which will substantially improve the overall look and feel of the facility.

EXHIBIT 2
13 11/18/2024
Mrs. Tina McCarty
MLB Submission Revisions
Dear Tina,
We are writing to provide an update on the revisions to the previously submitted documents for MLB review and approval. These updates are being issued due to newly provided property line information from the City of Stockton following the initial review.

While most of the previously submitted information remains unchanged, the updated property line data has significantly impacted the following areas:

1. Batting/Pitching Tunnel Building Relocation
• The enclosed and conditioned batting/pitching tunnel building has been shifted approximately 60’-0” north to ensure it remains on land controlled by the City of Stockton. Originally, the building was directly adjacent to the new female staff locker room. Detail 01 on sheet MLB1 (attached) illustrates this adjustment

2. Plan West Boundary Adjustment
• The plan west boundary of the building has also been adjusted for the same property line considerations.
• Visiting Team Locker Room:

The existing scope of the visiting team locker room remains unchanged. Dashed lines in Detail 01 on sheet MLB1 outline the overall locker room area per our model. The total area is 801.25 SF, measured to the perimeter walls as defined by the MLB PDL document. While this area is less than the required 1000 SF, it reflects the best possible solution given the updated site constraints. • Visitor Commissary Addition:

A new enclosed and conditioned visitor commissary has been added to the building’s exterior, meeting the minimum area requirements specified in the MLB PDL. The floor plan includes all furniture placements to illustrate compliance. • Female Staff Locker Room Addition:

A new enclosed and conditioned female staff locker room has also been added to the building’s exterior, meeting MLB PDL minimum area requirements. Furniture layouts are included in the floor plan for clarity.
• Architectural Elevations and Building Section:

Architectural elevations of casework in both the visitor and home commissaries have been provided to demonstrate compliance with MLB PDL standards.

Additionally, a building section through the batting/pitching tunnel is included for reference.
• Shared Weight Room Facility:

A portion of the existing batting/pitching tunnel will be repurposed as a shared weight room facility. Documentation has been provided to confirm compliance with MLB PDL requirements.

Pendulum : 1512 Holmes Street : Kansas City, MO 64108 : T : 816 335-3030 : F : 816 335-3040

EXHIBIT A
EXHIBIT 2
14 This summary outlines all modifications to the previously submitted documents reviewed and approved by MLB. In addition to this letter we have attached the previously submitted project narrative that outlines the original scope of work for the project - all work described therein remains the same. This letter outlines only the items impacted by the property line update.

Please feel free to reach out with any questions or for further clarification.

Sincerely,
Jonathan O’Neil Cole AIA, NCARB, NOMA
Principal
Pendulum
Pendulum : 1512 Holmes Street : Kansas City, MO 64108 : T : 816 335-3030 : F : 816 335-3040

EXHIBIT A
EXHIBIT 2
15 Page1 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Monday, November 11, 2024
Construction Budget Proposal
Project #: 24038
Project Name: Banner Island Ballpark Renovation
Site Address: 404 W. Fremont St. Stockton, CA. 95203
Client: City of Stockton-Economic Development Department, Tina McCarty Builder: Haggerty Construction, Inc.

The following is a Construction Proposal for work specific to the above listed project number and/or site address.

Section 1 – Scope of Work
The following costs include labor, equipment and materials to renovate and construct the needed improvements to the Banner Island Ballpark per drawings by Pendulum Studio, LLC. dated 03/06/2024, specifications dated 03/05/2024, and associated documents Exhibits 1-9 provided to Haggerty Construction. This proposal is based upon Prevailing Wage rates.

Section 2 – Inclusions
Staking – Construction staking for rough grade, finish grade, building pad envelope, building grid lines, and trash enclosure. Includes building pad certification.

Hazardous Materials Testing – Testing of existing surfaces to be demolished for lead and asbestos. A full report to be provided after testing. Soils testing per the description outlined in the Land Use Covenant.

Demolition – All demolition of existing walls, ceilings, fixtures and finishes as detailed in drawings, including saw cutting of asphalt and concrete where required for new construction. Includes off-haul of all construction related debris, including removal and disposal of existing stadium bowl seating.

Structural & Site Concrete – Building foundations per plan. Includes all excavating, sand, rebar, and fill needed per structural drawings. Includes footings for CMU walls and foundations for trash enclosure and soil retention walls. Includes all caulking and backer materials for concrete control joints per industry standard.

Masonry – Furnish & install of CMU block walls for new Pitching/Batting Tunnel, Visitor’s Locker Room Addition, and Trash Enclosure. Low CMU walls to have a precast top, and dimensional popout at exterior walls. Infill of existing CMU walls where needed.

Steel Framing – Fabricate, erect, and install steel columns for building, structural roof framing, posts and gates for Trash Enclosure, and bolt-together steel for Batter’s Eye. Includes 18-gauge metal decking for roof and joists supporting roof framing.

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
16 Page2 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Building Insulation – Furnish and install fiberglass batt insulation in walls and ceilings as depicted on the plans
Casework & Countertops – Fabricate and install all P-Lam Cabinets, wood veneered lockers, and Solid Surface countertops per plans.

Roofing – Provide and install ½” Dens Deck board primed with GAF vapor barrier, including full taper of ¼” per foot. Roofing to be mechanically fastened 60 mil TPO with expansion joints and pipe boots as needed.

Roof to have 20-year manufacturer’s warranty and 3 year subcontractor warranty.

Joint Sealants – Furnish and install all exterior caulking for expansion joints, dissimilar material transitions, exterior doors, and storefront systems as required.

Doors and Frames – Furnish and install all hollow metal welded door frames, metal doors, and primed wood doors including all required hardware at interior and exterior openings requiring them. Grouted frames included at CMU locations.

Storefronts – Supply and install 2” x 4.5” clear anodized aluminum storefront by Oldcastle with Storefront stile entry doors. Storefront to be installed in opening of new Hospitality and Shared Weight Room.

Drywall – Furnish and install all 5/8” type X drywall on new metal stud framing for interior walls and ceilings per wall types and ceiling details. Install tile backer board and mold-resistant drywall where required.

Patching of existing drywall to new construction included where needed. All walls to receive Level 4 Finish.

Acoustical Ceilings – Supply and install new acoustical ceiling grid suspension system, including seismic wires and compression posts. Install new ceiling tile per Finish Schedule. In some areas, existing ceiling tile will be removed and reused per plan.

Flooring – Furnish and install commercial grade carpet tile, luxury vinyl tile, rubber flooring, epoxy flooring, artificial turf, and 4” wall base throughout per Finish Schedule.

Painting – Apply one prime coat and two coats of finish to all drywall surfaces, both new and existing.

Apply new paint to new Pitching/Batting Tunnel, Hospitality/Shared Weight Room, Visitor Locker Room/Clubhouse, Home Locker Room/Clubhouse, Paint exterior cap flashing at Batter’s Eye, and doors and frames where required. Includes painting of exposed structural steel from alternates.

Signage – Supply and install ADA compliant signage for Exits, Restrooms, and Occupancy designations.

Supply and install 36” H x 3” Deep front lit aluminum channel letters to say “WATERFRONT SPONSOR SIGNAGE OPPORTUNITY” and 18” H x 3” Deep front lit aluminum channel letters to say “HOSPITALITY”.

Toilet Accessories – Furnish and install Bradley bathroom accessories in Restrooms including Grab Bars, Seat Cover Dispensers, Toilet Tissue Dispenser, Hand Soap Dispenser, Paper Towel Dispenser and Waste Receptacle. Supply and installation of Restroom and Weight Room mirrors included.

Fire Extinguishers – Furnish and install five lb. ABC extinguishers in recessed cabinets per code.

Stadium Bowl Seating – Remove existing stadium bowl seating and dispose. Supply and install Type 1, 2, and 3 chairs per seating submittal from Architect as Addendum #1. The total seating count to be replaced is 4,303 seats. All shipping is included.

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
17 Page3 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Fire-Suppression Sprinkler Systems – Design, permit, and install a complete overhead fire sprinkler system as a Deferred Submittal.

Plumbing – Includes excavation and backfill of plumbing trenches and install under-slab plumbing as required. Furnish and install all domestic water lines, condensate lines, tank water closets, floor drains with trap primers, T&C gas piping fixtures and equipment for building plumbing. Includes exterior hose bibs, domestic water sub-meters, Insta-Hots, and roof drains that tie into the storm water system.

HVAC – Furnish and install Carrier RTU heat pump units with curbs, heat strip, economizer and duct smoke detector, including electronic thermostats and one ductless mini-split system complete. Supply and install Greenheck Roof Exhaust fans with curb and duct, including gravity mount damper and air outlets.

Electrical – Furnish and install complete electrical system per plan, including light fixtures with controls, all power distribution and equipment, and stadium lighting head replacement. Furnish and install ring-and- string in conduit for data and telephone. Includes single-point connection to all new equipment. Excavation and backfill is included.

Fire Detection and Alarm – Includes design and installation of Fire Alarm system for new building addition.

Grading & Paving – Furnish and install all on site demo, rough grading, finish grading and paving per plans and soils report. Off haul and disposal of contaminated soils to a location specified by reporting agency.

Erosion and Sedimentation Controls – Install Photodegradable straw waddle, drain inlets, and rock construction entrances per civil drawings. Erosion Control and SWPPS program will be inspected and reported as required.

Pavement Markings and Signage – Furnish and install all striping, signage, and wheel stops as required per civil drawings and site plan.

Fencing & Gates – Supply and install 150 lineal feet of 8’ tall wrought iron fencing with 14-gauge privacy mesh installed over fencing. Fencing to be installed in area G between shore and back of the existing Visitor Locker Room. This request was made by the City of Stockton.

General Conditions – Includes site supervision, project management, project administration, site cleanup, traffic control, miscellaneous construction supplies, portable toilets, dumpsters, site security, temporary water, & final construction cleaning.

Section 3 – Exclusions
All Permit fees
PG&E work for gas tap
Overtime / holiday work / weekend work
Testing / 3rd party inspections
CWTA requirements
Bid bond
Handling or abatement of hazardous materials, other than soils Monument Signage
Controls for BMS (Building Management System)

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
18 Page4 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Off-site work to be done by local municipality
Stadium Bowl Seating Reset
Emergency Responder Radio Coverage System and testing
Phone / Data / IT Room Equipment & Racks / Punch Downs
All furniture, including window blinds
Stadium lighting light pole bases
Any work not listed in the above inclusions.

Section 4 – Clarifications
Haggerty has included a $200,000.00 contingency to be used at Haggerty’s discretion for work not assumed or unforeseen. This contingency is also an allowance for plan changes that have been discussed as forthcoming but not yet seen. Any adjustments over or under the contingency will be addressed with the owner when the allowance will be met or at the conclusion of the project, whichever comes first.

Haggerty has included Contaminated Soil Management and Testing per the Land Use Covenant and the Remedial Design and Implementation Plan. Haggerty strongly recommends having the soil testing done immediately in order to avoid any future soil remediation issues.

Haggerty all soil remediation costs are based on removing and disposing of 180 tons of contaminated soil. If site conditions warrant removing more than 180 tons, Haggerty discuss this with the owner and submit a request for compensation of additional fees.

This bid is based on Haggerty’s preliminary schedule and phasing plan.

This bid is based on access to the ballpark facility during the team’s travel days.

Alternates are shown on Attachment 2 “Cost Breakdown Sheet” Haggerty has included the cost for a Payment Performance Bond.

Haggerty’s Construction Total is separated in the Cost Breakdown Sheet. These costs cannot be standalone costs and contracted independently, with exception for the alternates.

Section 5 – Attachments
Attachment 1: Schedule of values for construction
Attachment 2: Cost Breakdown Sheet
Attachment 3: Haggerty Preliminary Schedule dated 10/22/2024 Attachment 4: Haggerty Phasing Plan dated 10-28-2024
Construction Total $5,978,659.00
EXHIBIT 2
19 Page5 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
**The proposed sum above is valid for (30) days and is based on prices of materials and equipment in effect as of the date of this proposal. Market conditions may affect pricing prior to signing of contract.

The undersigned serving as authorized representatives or agents for the Client and Builder hereby agree to the spirit, nature, intent and terms of this agreement and hereby approve and authorize the Builder to commence the services as outlined herein this agreement.

By: Date:

CLIENT: City of Stockton, E.D.D – Tina McCarty
By: Date:

BUILDER: Haggerty Construction, Inc.

EXHIBIT 2
20 Project Number: 24038
Project Name: Banner Island B.P. Renovation
Project sf.: 20,963
Date: 11/11/24 Estimator: Advise Group
Division Cost Code / Description Total Amount % Notes
01 General Requirements $266,208.00 4.60%
01 7123.00 Surveying $9,500.00 0.16%
02 Existing Conditions
02 2600.00 Hazardous Material Assessment $900.00 0.02%
02 4100.00 Demolition $114,124.00 1.97%
03 Concrete
03 0000.00 Concrete $248,400.00 4.30%
04 Masonry
04 0000.00 Masonry $538,479.00 9.31%
05 Metals
05 1200.00 Steel-Decking $510,971.00 8.84%
06 2200.00 Caswork, Tops, & Millwork $114,951.00 1.99%
07 Thermal and Moisture Protection
07 2100.00 Thermal Insulation $15,000.00 0.26%
07 5000.00 Roofing $96,941.00 1.68%
07 9200.00 Joint Sealants $9,850.00 0.17%
08 Openings
08 1000.00 Doors and Frames $41,260.00 0.71%
08 4100.00 Storefronts $59,980.00 1.04%
09 Finishes
09 2900.00 Drywall & Metal Studs $111,524.00 1.93%
09 5100.00 Acoustical Ceilings $58,903.00 1.02%
09 6816.00 Carpeting $115,840.00 2.00%
09 9100.00 Painting $310,131.00 5.36%
09 9656.00 Epoxy-Polished CC $74,408.00 1.29%
10 Specialties
10 1400.00 Interior & Exterior Signage $28,201.00 0.49% 10 2813.00 Toilet Accessories $4,620.00 0.08%
10 4416.00 Fire Extinguishers $1,350.00 0.02%
13 Special Construction
13 3400.00 Stadium Seating $0.00 0.00%
21 Fire Suppression
21 1300.00 Fire-Suppression Sprinkler Systems $90,141.00 1.56% 22 Plumbing
22 0000.00 Plumbing $249,880.00 4.32%
23 Heating, Ventilation, & Air Conditioning
23 0000.00 Heating, Ventilation, & Air Conditioning $227,823.00 3.94% 26 Electrical
26 0000.00 Electrical $1,226,094.00 21.21%
28 Electronic Safety and Security
28 3000.00 Security , Alarm & Monitoring $2,500.00 0.04% 28 4600.00 Fire Detection and Alarm $19,474.00 0.34%
31 Earthwork
31 2200.00 Grading-Paving $222,200.00 3.84%
31 2500.00 Erosion and Sedimentation Controls $61,050.00 1.06% 32 Exterior Improvements
32 1723.00 Pavmnt. Markings & Signage $4,000.00 0.07%
32 3100.00 Fences and Gates $90,023.00 1.56%
Divisions 2-48 Subtotals $4,924,726.00 85.18%
00 Procurement and Contracting Requirements
00 7200.00 General Conditions $447,761.96 7.74%
00 7316.00 Insurance Requirements $86,561.53 1.50%
Division Subtotals $534,323.49 9.24%
01 4123.00 GC Fees $322,349.28 5.58%
Construction Total $5,781,398.76 per sf.

Performance & Payment Bond $45,815.00
Builder's Risk Insurance $1,445.24
Contingency $271,341.00
TOTAL CONSTRUCTION BID $6,100,00.00
Excluded
Bay Alarm
Design-Build
Includes Stadium Lighting Upgrade
Design-Build
Appliances and Tubs included
Includes painting exposed structural steel
Includes Exterior Channel Letters, ADA Signage
Infill at Hospitality
Includes Precast Tops
Includes Lockers
Construction Schedule of Values
Asbestos and Lead Testing
Includes soil Remediation, Haul-Off, Disposal

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
21 COST TABLE FOR PRODUCTS AND SERVICES
Fee Proposal Sheet
Price
1 Batting/Pitching Tunnels
Construction
2 Netting and Lighting Fixtures (not covered by
Musco)
Construction
3 New Batting/Pitching Enclosure
Construction
4 Visiting Team Locker Room Program Additions
· Service Kitchen
· Eight (8) lockers
· Seating for eight (8) minimum
· Appliances including Sink and storage
cabinets.
· Whirlpool
· Visiting Team Manager’s office
· Two (2) lockers
· Interior Finishes
Female Staff Locker Addition
Construction
5 Home Team Locker Room Program Additions
· Service Kitchen
· Eight (8) lockers
· Seating for eight (8) minimum
· Appliances including Sink and storage
cabinets.
· Whirlpool
$414,501.00
$1,250,183.00
$980,748.00
$203,399.00

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
22 · Visiting Team Manager’s office
· Two (2) 50-lb Commercial Washers
· One (1) 70-lb Commercial Dryer
· Interior Finishes
Construction
6 Temporary Female Staff Accommodations
· Interior Finishes
Construction
7 Secure Player Parking
· New fencing
Construction
8 Batter’s Eye Extension
· Batter Eye Screen
Construction
9 Seating Bowl Reseat
Seating
Demolition and disposal of existing seats
Construction
10 Field Lighting Upgrade
Construction
Base Bid Total:
11 Existing Steel Member Repaint (Add Alternate)
12 Kids Playground Area Relocation (Add Alternate)
13 New Right Field Bar (Add Alternate)
1,404,086.00
$759,895.00
$65,020.00
$254,667.00
Excluded
$767,501.00
$6,100,000.00
$175,000.00
$1,274,625.00
Allowance
Included in Bid

EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 2
23 Exhibit C:

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

MINIMUM SCOPE AND L

IMIT OF INSURANCE
Coverage shal
l be at least as broad as:

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

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

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

4. Builder’s Risk (
Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as
described below.

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

Self-Insured Reten
tions
Self-insure
d retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower EXHIBIT 2
24 retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

EXHIBIT 2
25 Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the
project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

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

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

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

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

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

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

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following EXHIBIT 2
26 form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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

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

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

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

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
EXHIBIT 2
27 after completion of the contract of work .

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid B
ond

2. Perf
ormance Bond

3. Paym
ent Bond

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

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

Certifi
cate Holder Address
The ad
dress for mailing certificates, endorsements and notices shall be:

City o
f Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
28 EXHIBIT 2
29 EXHIBIT 2
30 CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 3 of 14
Ill.

DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below}
PER-016 (Sexual Harassment In lhe Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassmenl lnvestigallve Procedures) revised from 2116/93

DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

B. "Harassment," as used In this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial offamily and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, child birth and breastfeeding), political affiliation, age {40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT 2
31 EXHIBIT 2
32 EXHIBIT 2
33 EXHIBIT 2
34 EXHIBIT 2
35 EXHIBIT 2
36 EXHIBIT 2
37 EXHIBIT 2
38 • Title VI of the Civ il Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improv ement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civ il Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

EXHIBIT 2
39 • 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 non- 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 2
40 FHWA-1273 – Revis
ed October 23, 2023

REQUIRED CONTRACT P

ROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscr
imination
III. Non- 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. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Material
s 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 ph
ysically incorporated in each
construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (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). 23 CFR 633.102(e).

The applicable requir
ements 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. 23 CFR 633.102(e).

Form FHWA-1273 must be i
ncluded 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) in accordance with 23 CFR 633.102. 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
solicitation-for-bids or request-for-proposals 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). 23 CFR 633.102(b).

2. Subject to the applicabil
ity 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. 23 CFR 633.102(d).

3. A breach of any of the stipulati
ons 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. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 C
FR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this
section related to 23 CFR Part 230,
Subpart A, Appendix A 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 Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), 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 Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

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

EXHIBIT 2
41 1. Equal Employ
ment 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 (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 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 Part 35 and 29 CFR Part 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 wil
l 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. 23 CFR 230.409 (g)(4) & (5). b. The contractor wi
ll 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, sexual orientation, gender identity, 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."

2. EEO Offic
er: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an 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 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 meeti
ngs 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 or other knowledgeable company official. b. All new supervi
sory 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 ar
e 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. Recruitme
nt: 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 wil
l, 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 h
as 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 wi
ll 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 Act
ions: 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, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor wil
l conduct periodic inspections of project
sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor wil
l periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor wi
ll 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 wil
l 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 EXHIBIT 2
42 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. Traini
ng and Promotion:
a. The contractor wi
ll 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 contr
actor'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 wi
ll 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.

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. 23 CFR 230.409. 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 wi
ll 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 wi
ll 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, sexual orientation, gender identity, 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 unabl
e 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, sexual orientation, gender identity, 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 Accom
modation 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 thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection o
f Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, 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 s
hall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this contract.
b. The contractor wi
ll use good faith efforts to ensure
subcontractor compliance with their EEO obligations.

10. Assurances R
equired:
a. The requir
ements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discrim
inate 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 recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

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 k
ept by the contractor shall document the
following:

EXHIBIT 2
43 (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 non- minority 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. NONSEGREG

ATED FACILITIES
This provi
sion is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescr
ibed by 41 CFR 60-1.8, 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, sexual orientation, gender identity, 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.

IV. DAVIS-BACO

N 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), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

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 (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. 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 must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. 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 classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must 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. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
EXHIBIT 2
44 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must 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 be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(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 used 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) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) 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 will be sent by the contracting officer by email to [email protected]. 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.
(4) 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 will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The 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.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must 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.
d. Fringe benefits not expressed as an hourly rate.

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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. 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, in accordance with the criteria set forth in § 5.28, 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.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and 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.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph EXHIBIT 2
45 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
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.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working 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 29 CFR part 3; and
(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(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

EXHIBIT 2
46 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform 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 (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must 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, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must 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 this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with EXHIBIT 2
47 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. 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. 23 CFR 230.111(e)(2). 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 journeyworkers 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 as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 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.

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 as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, 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 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 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any
contr
actor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WO

RK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), 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 watchpersons 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. 29 CFR

5.5. 2. Violati
on
; 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 and interest from the date of the underpayment.

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 EXHIBIT 2
48 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* 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.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any
contr
actor of any conduct which the worker
reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING

OR ASSIGNING THE CONTRACT
This provi
sion is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor s
hall 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 “pe
rform work with its own organization” in
paragraph 1 of Section VI 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: (based on longstanding interpretation) (1) the prime con
tractor 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;
EXHIBIT 2
49 (3) the prime contractor retains all power to accept or exclude indi
vidual 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. 23 CFR 635.102.

2. Pursuant to 23 CFR 63

5.116(a), 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. Pursuant to 23 CFR 63

5.116(c), 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 contr
act 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. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percen
t self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY:

ACCIDENT PREVENTION
This provi
sion is applicable to all Federal-aid construction
contracts and to all related subcontracts.

1. In the performance of thi
s contract the contractor shall
comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 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. 23 CFR 635.108.

2. It is a conditio
n 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 Part 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). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1
926.3, 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 ST

ATEMENTS CONCERNING HIGHWAY

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

In order to assure hi
gh 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 Part 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 fol
lows:
"Whoever, bein
g 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 knowingl
y 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 knowingl
y 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 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under thi
s title or imprisoned not more than 5
years or both."
EXHIBIT 2
50 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provi
sion is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submis
sion of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor
agrees to include or cause to be included the
requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATIO

N REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provi
sion 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. 2 CFR 180.220 and 1200.220.

1. Instructions
for Certification – First Tier Participants:
a. By signing and s
ubmitting 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. 2 CFR 180.320. c. The certific
ation 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. 2 CFR 180.325.
d. The prospec
tive 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. 2 CFR 180.345 and 180.350.
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, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient 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 recipient or subrecipient 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 prospecti
ve 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. 2 CFR 180.330.
g. The prospec
tive 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. 2 CFR 180.220 and 180.300.
h. A participant i
n 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. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. 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 System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the fore
going 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 trans
actions 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 CFR 180.325.
* * * * *
EXHIBIT 2
51 2. Certification Regarding Debarment, Suspen sion,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospecti
ve first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not p
resently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not wi
thin 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, 2 CFR 180.800; (3) Are not p
resently 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, 2 CFR 180.700 and 180.800; and
(4) Have not wi
thin a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corpor
ation that has been convicted of a felony
violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corpor
ation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the pros
pective participant is unable to certify to
any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructi
ons for Certification - Lower Tier Participants:
(Applicabl
e 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). 2 CFR 180.220 and 1200.220.
a. By signing and s
ubmitting this proposal, the prospective
lower tier participant is providing the certification set out below. b. The certific
ation 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 prospecti
ve 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. 2 CFR 180.365.
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, Subpart I, 180.900 – 180.1020, 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 recipient or subrecipient 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 recipient or subrecipient 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 prospec
tive 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. 2 CFR 1200.220 and 1200.332.
f. The prospecti
ve 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. 2 CFR 180.220 and 1200.220.
g. A participant i
n 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 System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the for
egoing 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 information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for trans
actions 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 EXHIBIT 2
52 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. 2 CFR 180.325.
* * * * *

4. Cer tification R
egarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospecti
ve lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presentl
y debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corpor
ation that has been convicted of a felony
violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporati
on with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospec
tive lower tier participant is unable to
certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION RE

GARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provi
sion is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospecti
ve participant certifies, by signing and
submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appr
opriated 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 F
ederal 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.

2. This certi
fication 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 prospecti
ve 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 $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNIT
ED STATES-FLAG VESSELS:

This provi
sion is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirem
ent applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shi
pments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize pr
ivately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, 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. 46 CFR 381.7.

2. To furnish withi
n 20 days following the date of loading for
shipments originating within the United States 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 (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

EXHIBIT 2
53 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the perfor
mance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualifi
ed persons regularly residing in
the area are not available.
b. For the reas
onable needs of the contractor to employ
supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligati
on of the contractor to offer employment to
present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor
shall place a job order with the State
Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor
shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week foll
owing the placing of a job order by
the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provis
ions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor
shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

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Tream\ell&Rollo
Confirmation Sampling
Surficial and shallow subsurface soil samples (0 to 4 feet bgs) may be collected as warranted using trowels, hand-augers, and/or slide hammer equipment. Samples collected from depths greater than four feet bgs will be brought to the surface with the excavating equipment and sampled from the equipment bucket using the same sampling procedures.

The appropriate sampling equipment will be chosen as dictated by conditions. Samples will be collected using laboratory-cleaned or field-decontaminated equipment as required in the project work plan. Samples will be collected in stainless steel liners. With the exception of volatile organic constituents, the soil sample should be well mixed to produce a representative sample.

The stainless steel tube will be labeled with an adhesive label and placed in a zip-lock bag. The sample will then be placed on ice in a cooler. Standard chain-of-custody procedures will be followed.

The soil sample liners retained for chemical analysis will be immediately sealed with Teflon tape, fastened with a plastic cap, and labeled. The samples will then be placed into an ice chest containing sufficient volume of ice to maintain a temperature of 4 degrees centigrade (°C) for transport to the off-site analytical laboratory following chain-of-custody protocols for 24-hour to 5-working day turnaround on results.

Equipment Decontamination Procedures
All equipment used during investigation activities that could come into contact with the samples will be thoroughly cleaned, before and after each use. In between soil .sampling intervals, the soil samplers will be rinsed with tap water, rinsed with non-phosphate detergent solution, and double rinsed with tap water to remove detergent, and air dried. 25971010.PJC 10 5 March 2004
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We will provide this document to City of Stockton Public Works, Police, and Fire Departments for comment prior to commencing transportation activities. If field conditions necessitate, these routes may be changed.

All off site disposals will comply with local, State, and Federal regulations (e.g., proper manifesting). Final project quantities will be reported at the conclusion of the work.

7.0 SCHEDULE
Final RDIP Submittal
DTSC Approval of RDIP
Mail Fact Sheet
Commence Remedial Excavation and Off Site Disposal
Finish Remedial Excavation and Off Site Disposal
Remedial Action Completion Report Submittal

8.0 HEALTH AND SAFETY PLAN
5 March 2004
12 March 2004
15 March 2004
22 March 2004
2 April 2004
2 May 2004
Treadwell & Rollo has prepared a Health & Safety Plan (HASP) in accordance with the California Code of Regulations (CCR), Title 8, Section 1592 and the Code of Federal Regulations (CFR), Title 29, Section 1910.120, to address the excavation activities to be conducted by Treadwell & Rollo personnel (Appendix A). HASPs for Swinerton Builders and their subcontractors are provided for DTSC's review as Appendices B and C.

The purpose of the HASP is to provide field personnel with an understanding of the potential chemical and physical hazards, protection of any off-site receptors, procedures for entering the project site, health and safety procedures, and emergency response to hazards should they occur.

All project personnel shall read and adhere to the procedures established in this HASP. A copy of this plan will be kept onsite during field activities and will be reviewed and updated as necessary.
25971010.PJC 16 5 March 2004
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If the injury is minor, administer first aid and immediately notify the Health and Safety Officer.

First aid equipment will be located onsite inside the T &R field vehicle. Call for an ambulance or medical assistance, if necessary. When the skin is exposed to chemicals; wash off skin with a large amount of potable water immediately. Remove any contaminated clothing and rewash skin using soap, if available. When eyes are exposed to chemical(s); hold eyelid open and rinse the eye immediately with copious amounts of water for 15 minutes. The wearing of contact lenses by site personnel is prohibited. However, if someone at the site is wearing contacts, have the person remove his/her contact lenses, if possible. Never permit the eyes to be rubbed. Transport person to a hospital, if necessary.

6.2 Emergency Evacuation Procedures
Various emergencies may warrant a site evacuation. These may include: fire, explosion, chemical release, or personal injury. Field team personnel encountering a hazardous situation shall instruct others on site to shut down operations and immediately evacuate the vicinity.

Contact the Health and Safety Officer and/or the Project Manager for instructions.

In the event of an evacuation, the work crew will move upwind, if possible. The post-evacuation meeting place will be identified at the daily health and safety meeting. If the Health and Safety Officer and Project Manager determine that conditions warrant evacuation of downwind residences and commercial operations, local agencies will be notified and assistance requested. 14 25970211.DGD 16March2000

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Exhibit I

SUBAWARD AGREEMENT
Special Funding Terms and Conditions
The City of Stockton has entered into this agreement using funds governed by the American Rescue Plan Act, distributed by the U.S. Department of the Treasury (“Treasury”). The funding available is governed under sections 602 and 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021 (“ARPA”). The ARPA established the Coronavirus State and Local Fiscal Recovery Funds (the “SLFRF statute”) for eligible recipients to address the economic and health consequences of the pandemic. Under ARPA , the SLFRF statute is to be used for payments for specified uses to certain non- entitlement units of local government. In consideration of the mutual promises contained in this AGREEMENT to carry out the purposes of the subaward on behalf of the City, the CITY and CONTRACTOR agree as follows:

1. SURVIVAL OF PROMISES. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the AGREEMENT expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation.

2. SEPARATE ACCOUNTING. The CONTRACTOR will establish a separate account for all funds specified in this AGREEMENT and will use the funds to purchase necessary supplies, defray travel, and will employ the necessary personnel to perform the Work specified in this AGREEMENT. The CONTRACTOR shall also establish and maintain, if applicable, such accounting and documentation of matching expenditures of the CONTRACTOR to satisfy the requirements of the PROJECT.

3. AUDIT. The CITY, and any other appropriate government agency authorized by law, or their duly authorized representatives shall, until five (5) years after final payment under this AGREEMENT, have access to any of the CONTRACTOR’s records related to this AGREEMENT, at the CONTRACTOR’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this AGREEMENT, or c) costs and expenses of this AGREEMENT to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.

4. AUTHORIZED USE OF FUNDS . The CONTRACTOR shall use or expend the funds provided by this AGREEMENT only for the purposes for which they were appropriated. Further, the funds provided by the CITY shall be used by the CONTRACTOR only for the purpose and activities specified in the AGREEMENT, including associated attachments and exhibits which is attached hereto and incorporated herein by reference as if fully set forth here.

5. COMPLIANCE WITH COST PRINCIPLES AND RELATED REGULATIONS. The CONTRACTOR will not be reimbursed for expenditures under this AGREEMENT that do not comply with the ARPA and Related Regulations that are incorporated.

6. PUBLICATIONS. The CONTRACTOR shall be free to publish results of the Work provided that the terms of the PROJECT are met and the review copies of materials intended for publication are submitted to the CITY’s PROJECT Director at least 45 days prior to publication.

7. CONFIDENTIAL INFORMATION. CONTRACTOR acknowledges that it may be necessary for CITY to disclose certain confidential and proprietary information to CONTRACTOR in order for CONTRACTOR to perform duties under this AGREEMENT . CONTRACTOR acknowledges that any disclosure to any third party or any misuse of this proprietary or confidential information may irreparably harm the CITY .

Accordingly, CONTRACTOR will not disclose or use, either during or after the term of this AGREEMENT, any proprietary or confidential information of the CITY without the CITY’s prior written permission.

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8. DELAYS. CONTRACTOR shall notify the CITY promptly of any expected delay in performance of services. However, CONTRACTOR shall not be liable for delays in performance beyond reasonable control.

9. ARPA GUIDELINES – CONTRACTOR AS SUBRECIPIENT
CONTRACTOR is classified as a Subrecipient under ARPA, which is an entity that receives a subaward from the CITY to carry out a program on behalf of the CITY using SLFRF funds. As a beneficiary of SLRFR funds from the CITY, CONTRACTOR must comply with the ARPA guidelines in order to be eligible for a grant. The guidelines, titled Compliance and Reporting Guidelines: State and Local Fiscal Recovery Funds, as amended by Treasury (the “Guidelines”), are incorporated into this AGREEMENT by reference. The Guidelines can be found at
https://home.treasury.gov/policy-
issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery- funds/recipient-compliance-and-reporting-responsibilities. In ensuring compliance with these Guidelines, CONTRACTOR serves as a first line of defense against fraud, waste, and abuse of federal money.

As further described in the Guidelines, CONTRACTOR will generally be subject to the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards, 2 CFR Part 200. This includes, but is not limited to,
A. The implementation of internal controls and effective monitoring to ensure compliance with 2 CFR Part 200, including generally identifying direct and indirect costs and treating each cost consistently in like circumstances.

B. Ensuring that procurements using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR § 200.317 through 2 CFR § 200.327, as applicable.

C. If CONTRACTOR expends more than $750,000 in Federal awards during its fiscal year, submitting to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F.

The CITY may request detailed expenditure information from CONTRACTOR in order for CITY to comply with its own reporting obligations. CONTRACTOR will be required to promptly provide any requested information to the CITY, even after the award term has expired. Among other things, the CITY may require information about the structure and objectives of the PROGRAM and information about how many individuals have been served by CONTRACTOR.

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BOND FOR FAITHFUL PERFORMANCE

KNOW ALL
MEN BY THESE PRESENTS:

That we, (CONTRACTOR), 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 _______________________ DOLLARS ($X,XXX,000.00), 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:

BANNER ISLAND BALLPARK RENOVATION
PROJECT NO. PUR 25-004

NOW, TH
EREFORE, 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.

SIGNED AND S
EALED on

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APPROVED AS TO SU
RETY: By

PRINCIPAL
SURETY

APPROVED AS TO FO
RM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNE Y

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BOND FOR LABOR AND MATERIAL

KNOW ALL
MEN BY THESE PRESENTS:

That we, (CONTRACTOR), 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 ma terials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of _____________ DOLLARS ($X,XXX,000.00), 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:

BANNER ISLAND BAL
LPARK
PROJECT NO. PUR 25-004

NOW, THER
EFORE, 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 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,

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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 SEALE
D on .

APPROVED AS TO SURET
Y: By

PRINCIPAL
SURETY

APPROVED AS TO FORM &
CONTENT:

LORI M. ASUNCIONOFFICE OF THE CITY ATTORNEY
By

ATTORNEY-IN-FACT
By

DEPUTY CITY ATTORNEY

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