City Council and Concurrent Authorities
July 15, 2025

SCO ID: 3790-(24709007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .---------------.-----------------�

STANDARD AGREEMENT AGREEMENT NUMBER
(24709007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Parks and Recreation, Division of Boating and Waterways (Department)

CONTRACTOR NAME
City of Stockton

2. The term of this Agreement is:

START DATE
6/1/2025 or the date signed by the Department (whichever comes later)

THROUGH END DATE
2/1/2027

3. The maximum amount of this Agreement is:
$2,000,000.00 (two million dollars and zero cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
Exhibit D Construction Terms
Exhibit E Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines Exhibit F Feasibility Report
Exhibit G Contractor Certification Clauses 4/2017
Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https:l/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Stockton

CONTRACTOR BUSINESS ADDRESS
425 N. El Dorado Street

PRINTED NAME OF PERSON SIGNING
Steve Colangelo

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Stockton
TITLE
Interim City Manager

DATE SIGNED
Pages
1 2
5 17
4 5
5 '
STATE
I
ZIP
CA 95202

EXHIBIT 2
SCO ID: 3790-(24709007

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME

AGREEMENT NUMBER
(24709007

STATE OF CALIFORNIA
Parks and Recreation, Division of Boating and Waterways (Department)

CONTRACTING AGENCY ADDRESS
P.O Box 942896

PRINTED NAME OF PERSON SIGNING
Ramona Fernandez

CONTRACTING AGENCY AUTHORIZED SIGNATURE
PURCHASING AUTHORITY NUMBER (If Applicable)
CITY
Sacramento
TITLE
Deputy Director

DATE SIGNED
!
STATE
CA I
ZIP
94296
Page2of2
EXHIBIT 2
Scope
of W
ork
Ci
ty of Stockton (Contractor) agrees to complete the design, permits, and construction of improvements to the Louis Park non-motorized boat launching facility located at 3121 Monte Diablo Avenue, Stockton, CA 95203, with the funding from this agreement.

1. Engi
neering - The engineering scope of work includes completing the design and establishing an engineer’s estimate of construction costs for installing a low freeboard float, a gangway, a concrete abutment, steel guide piles, a two-unit restroom, associated utilities, accessible parking with striping, an accessible path of travel to the boat launch, pathway lighting, a retaining wall (if needed for the accessible path), and project credit signage as described in Exhibit F Feasibility Report.

2. Pe
rmits - Include but are not limited to: U.S. Army Corps of Engineers Section 404 Permit, California Department of Fish and Wildlife Streambed Alteration Permit, Sec. 1602, California Regional Water Quality Control Board 401 Water Quality Certification, and any additional permits identified as necessary through the CEQA process.

3. Const
ruction – Construct the non-motorized boat launching facility and improvements as identified in the engineering designs detailed in Item 1 above.

Pr
oject representatives during the term of this Contract shall be:

Madison Lozada, Administrative Analyst II
City of Stockton
Joe Dux, Project Manager
Division of Boating and Waterways
3121 Monte Diablo Avenue
Stockton, CA 95203
P.O. Box 942896
Sacramento, CA 94296
(209) 937-7541 (916) 902-8822
[email protected] [email protected]
EXHIBIT 2
Budget Det
ail and Payment Provisions
Invoicing and Payment
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the project scope and estimated costs up to a maximum of $2,000,000 specified in the Louis Park NMBLF Project Cost Estimate chart provided below.

Budget Contingency Clause
It is mutually agreed that if the Budget Act of the 2021 funding year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the project, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this project, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Project Cost Estimate
City of Stockton estimates the project cost total as currently proposed is $2,000,000. The Louis Park NMBLF Project Cost Estimate chart (see page 2) identifies the estimated cost breakdown.

EXHIBIT 2

CONSTRUCTION SCOPE COST ESTIMATE
Mobilization 65,000$
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Con
crete Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal 1,388,889$

NON-CONSTRUCTION COSTS
Escalation 9% 125,000
Contingency 15% 208,333
Engineering 12% 166,667
Inspection 5% 69,444
Permits 3% 41,667
Non-Construction Subtotal 611,111$
TOTAL ESTIMATED PROJECT COST 2,000,000$
Source = Concept/Cost Estimate dated April 2025
*Percentages are of the Construction Subtotal
*3% per year for 3 years = 9% escalation
Table 1: Louis Park NMBLF Project Cost Estimate
EXHIBIT 2
General Terms and Conditions (GTC 02/2025)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in
all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

EXHIBIT 2

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

EXHIBIT 2

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
EXHIBIT 2

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “G
enerative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Cont
ractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Not
ification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State. f. The S
tate, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

EXHIBIT 2

CONSTRUCTION TERMS
Table of Contents
ARTICLE 1 - DEFINITIONS ...................................... 2 ARTICLE 2 - CONTRACTOR’S WARRANTIES .......................... 3 ARTICLE 3 - TERM OF CONTRACT ................................. 3 ARTICLE 4 - BUDGET CONTINGENCY ............................... 4 ARTICLE 5 - DISBURSEMENT OF CONTRACT ......................... 5 ARTICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT ............... 6 ARTICLE 7 - COMPLETION OF PROJECT ............................ 9 ARTICLE 8 - OPERATION AND MAINTENANCE OF PROJECT ............. 9 ARTICLE 9 - BREACH OF CONTRACT .............................. 12 ARTICLE 10 - LIABILITY AND FIRE INSURANCE ................... 13 ARTICLE 11 - INSTALLATION OF OTHER FACILITIES ............... 14 ARTICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING ......... 14 ARTICLE 13 - DIRECTIONAL SIGNS .............................. 15 ARTICLE 14 - WAIVER OF RIGHTS ............................... 15 ARTICLE 15 - PROJECT REPRESENTATIVES ........................ 15 ARTICLE 16 - REMEDIES NOT EXCLUSIVE ......................... 15 ARTICLE 17 - OPINIONS AND DETERMINATIONS .................... 16 ARTICLE 18 - ASSIGNMENT ..................................... 16 ARTICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED ............... 16 ARTICLE 20 - LIABILITY ...................................... 16 ARTICLE 21 - TERMINATION .................................... 17 ARTICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) . 17 EXHIBIT 2
ARTICLE 1 - DEFINITIONS
A. “Budget Act”: The legislative enactment of a budget in support of on-going programs (appropriations) in accordance with the provisions of Section 12 of Article IV of the Constitution of the State of California.

B. “CEQA”: The California Environmental Quality Act.

C. “Commission”: The Boating and Waterways Commission.

D. “Contract”: Legally binding agreement that authorizes funds to finance all or part of the Project Costs.

E. “Contract Performance Period”: The time during which the Contractor may carry out the work authorized by the Contract.

F. “Contractor”: The Entity identified as the Contractor on the Standard Agreement Form 213 of the Contract.

G. “Date of Acceptance”: The date specified on the Project Completion Certification, and which denotes the beginning of the twenty (20) year portion of the Contract term in accordance with Article 3, Subpart A of this Exhibit.

H. “Department”: The Department of Parks and Recreation, Division of Boating and Waterways.

I. “Exhibit F”: The feasibility report, which presents the proposed Project in “concept” form only. The actual Project layout shall be determined by the Contractor and the engineer of record (to be determined) during the design process taking actual site conditions and public safety into account. The Project must meet the scope, cost and intent of this report and shall conform to Department guidelines.

J. “Project”: The construction, improvement or development of a recreational small craft boat launching facility as described in Exhibit F.

K. “Project Area”: The real property, and improvements thereto, identified in Exhibit F, within which the Project will be undertaken.

L. “Project Completion Certification”: A fully executed Notice of Completion, or equivalent, which states the Contractor has accepted the Project as complete on a specific date (Date of Acceptance).

M. “Project Costs”: Engineering, permitting, material and construction costs that are
incurred by the Contractor for the purpose of completing the Project. However, Project costs incurred:

EXHIBIT 2

1. Shall not include any indirect or overhead charges,

2. For engineering, permitting and inspection shall be no greater than the combined maximum budget allocation for Engineering, Inspection and Permit Costs as identified in Exhibit F (Louis Park Non-motorized Boat Launching Facility Feasibility Report),

3. For engineering, inspection, and construction management services provided by the Contractor or Contractor’s personnel may only be reimbursed with prior written approval of Department, and

4. Shall not include any expenses incurred prior to the start date of this Contract.

AR
TICLE 2 - CONTRACTOR’S WARRANTIES
A. The Contractor warrants that the obligation created by this Contract will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California.

B. The Contractor warrants that it has title to, or adequate interests in, the Project Area.

Adequate interests include, but are not limited to, the following:

1. Access to the Project Area by a maintained public way,

2. A right of passage over a waterway, open to the public, between the Project Area and navigable waters, and

3. Easements or other rights of way outside the Project Area sufficient to provide utilities and services to the Project.

C. The Contractor warrants that there is no encumbrance, lien, easement, license, title, cloud or other interest that may interfere with the Project Area or use thereof by the public.

AR
TICLE 3 - TERM OF CONTRACT
A. This Contract, subject to any provision for prior termination, shall begin on the Contract Start Date and shall continue for twenty (20) years from the Date of Acceptance by the Contractor. If the Date of Acceptance occurs before or after the stated Contract Performance Period end date, the Contract will be amended to reflect the revised 20- year term.

EXHIBIT 2
B. This Contract may be extended, amended or cancelled upon the written agreement of the parties.

C. Failure by the Contractor to comply with the terms of any Department contract may jeopardize the Contractor's ability to be awarded funding in future funding opportunities offered by the Department.

AR
TICLE 4 - BUDGET CONTINGENCY
A. Only funds that have been appropriated by the Legislature and approved for expenditure on the Project by the Department, on or before the first date of the Contract Performance Period of this Contract, are authorized for disbursement through this Contract.

B. In the event that the Legislature or Department, for any reason, does not approve sufficient funding for this Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and provided that the Contractor has not accepted any Contract funds, Department shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other consideration under this Contract and the Contractor shall not be obligated to perform any provision of this Contract; this Contract shall be of no further force and effect.

C. In the event that the Legislature or Department does not approve sufficient funds to complete the Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and the Contractor has drawn Contract funds:

1. The Contractor shall repay all drawn Contract funds within ninety (90) days of the end of the fiscal year that such approval is denied, or

2. The Contractor shall complete the Project within the scheduled timeline using the Contractor’s own funds, or
Upon the Department’s discretion,

3. Department and Contractor may agree upon a reduced scope version of the Project to be completed within the scheduled timeline and all funds in excess of those previously appropriated necessary to complete the Project shall come from the Contractor, or
EXHIBIT 2

4. Department and Contractor may, within ninety (90) days of knowledge of such denial, agree that the expenditure of such funds toward the Project constitutes construction completion. The date of such agreement shall become the Date of Acceptance of the Project and the Contractor shall be obligated to perform all non-construction provisions of this Contract for twenty (20) years beyond the Date of Acceptance.

AR
TICLE 5 - DISBURSEMENT OF CONTRACT
The Department shall provide a Contract to the Contractor in the maximum amount stated on the face page of the Contract, however:

A. No funds shall be disbursed for work performed prior to the first date of the Contract Performance Period of this Contract.

B. The Department shall have no obligation to disburse any Contract funds for construction activities unless and until the Contractor demonstrates that it has acquired all permits necessary to construct and operate the Project.

C. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor provides the Department with copies of fully executed contracts for which it seeks reimbursement.

D. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor demonstrates that it has satisfactorily complied with the California Environmental Quality Act (CEQA) for the Project.

E. Contract disbursements to cover Project Costs shall be made in arrears as follows:

1. Contractor shall request a Contract disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing. Paid invoices or other evidence of the Contractor’s payment of Project Costs must accompany Contract disbursement requests.

2. Contract disbursement requests shall be submitted in duplicate hardcopy to the Department in a form satisfactory to the Department.

3. In the event no reimbursable expenses were incurred during a quarter, the Contractor shall report to the Department of any progress made on the Project, EXHIBIT 2
or explanation of no progress made on the Project, at least quarterly, but not more frequently than monthly.

4. The Department shall withhold from each Contract disbursement an amount equal to ten percent (10%) of each disbursement until the Department has accepted the Project as complete and has approved all Project Costs and all stop notices or other liens have been released.

5. The Contractor shall request the final Contract disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Contractor.

F. The Department, at its sole discretion, may withhold any Contract disbursement if the Contractor fails to comply with any of the provisions of this Contract or if the Contractor is in breach of any contract with the State or the Department until the breach is remedied.

G. The Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles.

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TICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT
A. The Contractor shall obtain from the Department advance written approval of the following:

1. All bid documents prior to advertisement including plans and specifications,

2. All subcontracts prior to award,

3. All change orders of $5,000 or more, for any work performed under this Contract, and

4. All changes to Project schedule discussed in Subpart D of this Article, of thirty (30) days or more.

B. All architectural and engineering subcontracts for plans and specifications shall require that the plans and specifications:

1. Be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's certificate number to appear on construction contract design documents),

2. Be prepared in conformance with the most recent version of the Department of Boating and Waterways’ Layout & Design Guidelines for Boat Launching Facilities,
EXHIBIT 2

3. Be submitted to the Department in 11” X 17” hardcopy and electronically in full sized and 11” X 17” PDF format. Specifications shall also be submitted in hardcopy and in PDF format,

4. Become the property of the Contractor,

5. Provide for all Project facilities set forth in Exhibit F, and

6. Provide for shore side facilities for removing waste from vessel holding tanks in accordance with Harbors and Navigation Code Section 654.1.

C. All construction contracts for the Project shall:

1. Be awarded in accordance with all applicable laws and regulations,

2. Contain the following clause: “The Department of Parks and Recreation, Division of Boating and Waterways and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area.”

3. Contain a clause stating that the Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave, and that such provisions shall include, but not be limited to:
employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship,

4. Contain a clause that the construction contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the Project and any work performed pursuant to this Contract,

5. Require that the Project be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed, and compliance with specifications shall be verified, by qualified professionals selected by the Contractor or Contractor’s representative, and

6. If a boat launching ramp is to be constructed, require the preparation of a concrete test panel as specified in Subpart F of this Article.

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7. Shall contain the requirements of Article 10 Liability and Fire Insurance and Article 20 Liability of this Contract.

D. The Contractor shall, within sixty (60) days of approval of this Contract, provide the Department with a Project schedule showing the proposed dates of the following Project phases or milestones:

1. Beginning and ending dates of Project design consultant selection by the Contractor,

2. Submission of the consultant services agreement to the Department for approval,

3. Beginning and ending of Project design,

4. Submission of plans and specifications to the Department for approval at 30%, 60%, 90% and 100% completion,

5. Beginning and ending dates of Contractor advertising of Project for bids,

6. Project bid opening date,

7. Submission of the construction Contract to the Department for approval,

8. Beginning and ending dates of Project construction,

9. Acceptance of Project by the Contractor, and

10. Submission of a Project Completion Certification to the Department.

E. The Contractor shall provide the Department with a Construction Schedule showing all construction milestones, including the date the v-grooving test panel will be prepared and ready for Department inspection as required by Subpart F below.

F. No placement or v-grooving of concrete for boat launching ramps on the Project shall be allowed until the construction contractor demonstrates proficiency in creating a satisfactory v-grooved surface by preparing a concrete test panel measuring no less than 6 feet by 4 feet. A Department representative must accept the test panel before the construction contractor shall be allowed to place or v-groove concrete for boat launching ramps. Precast boat launching ramp panels are exempt from the test panel requirement but must also be approved by a Department representative prior to placement or installation. Test panels must be adjacent to, but not part of, any ramp work to be completed and must remain accessible until all ramp work is completed and accepted by Department. The Contractor may incorporate the test panel into other concrete work (i.e. trash enclosure, etc.).

G. Prior to the commencement of the construction of the Project, the Contractor shall cause the subcontractor to provide a corporate surety acceptable to the Department to be EXHIBIT 2
furnished in favor of the Contractor and the Department, as their interests may appear, bonds or other security interests as allowed pursuant to Public Contract Code sections 10263 and 22300 in the minimum amounts indicated below:

1. Faithful performance – one-hundred percent (100%) of the total subcontract bid price.

2. Labor and materials – one-hundred percent (100%) of the total subcontract bid price.

H. The Contractor shall provide at least quarterly written reporting to the Department as to the progress and status of the Project using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing.

ART
ICLE 7 - COMPLETION OF PROJECT
A. The Contractor shall complete the Project no later than February 1, 2027.

B. The Contractor shall provide the following to the Department within sixty (60) days of the Date of Acceptance:

1. A Project Completion Certification (or equivalent)

2. An accounting of all contract funds

3. As-built plans and specifications electronically
ART
ICLE 8 - OPERATION AND MAINTENANCE OF PROJECT
A. The Contractor shall not transfer its interest in the Project Area without the written approval of the Department.

B. The Project and all other improvements constructed or placed in the Project Area shall be operated solely as a recreational small craft boat launching facility. Other uses of the facility such as for craft fairs, festivals, SNO-PARKS, special events, storage, transient parking, camping, etc., are not allowed without the prior written permission of the Department.

C. The Project Area shall be open to all recreational vessels, including vessels powered by 2-stroke and 4-stroke gasoline engines, at all times during the term of this Contract except as approved by the Department. Notwithstanding Harbors and Navigation Code section 660, any non-emergency restrictions related to time-of-day use, speed zones, special-use areas, or pollution control measures in the Project Area which result in EXHIBIT 2
closure or partial closure of waterways in the Project Area to any recreational vessel shall be subject to prior approval by the Department. Failure to obtain prior approval of the Department for such restrictions shall constitute a breach of this Contractor and may result in penalties set forth in Article 9 of this Exhibit.

D. The Contractor (or any lessee or concessionaire operating under the authority of the Contractor) shall not charge any fee or combination of fees totaling more than $13.00 to include but not limited to fees for: vessel launch and retrieval, parking, entry, day-use, and water-use. Such funds may be collected and used only to make repairs, renewals, and replacements necessary for the efficient operation of the recreational small craft boat launching facility and to keep the facility in good repair at all times. The total fee charged may be adjusted annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the U.S. City Average, All Items, 1982-84 = 100, as of the first date of the Contract Performance Period of this Contract. Any adjustment exceeding the annual percentage change in the CPI shall be made only after the Contractor obtains the written approval of the Department. Such rates and fees shall be maintained at a level comparable to those charged at State owned boat launching facilities in the region.

E. The Contractor shall maintain the Project Area and all improvements funded by this Contract in accordance with the Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines (Guidelines), a copy of which is attached to and made a part of this Contract. The Department and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area to determine if the facility is being maintained according to the Guidelines.

1. The Contractor shall provide to the Department, within sixty (60) days of the first date of the Contract Performance Period of this Contract, a maintenance schedule for approval detailing how each objective of the attached Guidelines will be addressed within the Project Area over the term of this Contract. Each objective of the Guidelines must be considered; any objectives that are not applicable to the Contractor shall be included in the schedule with notation that such objective does not apply to this Project Area. The Department shall not unreasonably withhold its approval; however, it is the Contractor’s responsibility to ensure that such maintenance schedule adequately addresses the EXHIBIT 2
Contractor’s responsibilities and each objective. The Department’s written approval of the maintenance schedule shall be required before any funds are disbursed.

2. The Contractor shall comply with the approved maintenance schedule throughout the term of this Contract. Failure to maintain the facility according to the maintenance schedule is a breach of this Contract.

3. Any changes to the maintenance schedule must be approved in writing by the Department.

F. The Department shall not be liable for any costs of maintenance, management, control or operation of the Project Area.

G. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.

H. All Project Area facilities shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All subcontracts relating to the operation of the Project shall include a nondiscrimination and compliance clause as referenced in Article 6, Subpart C of this Exhibit.

I. All concession agreements for the operation and maintenance of the Project Area must have the written approval of the Department prior to award. The Department will approve such concession agreements only when the Contractor can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. Any concession agreement for operation and maintenance of greater than five (5) years shall require the concessionaire to make a capital investment, acceptable to the Department, in the Project Area.

J. All concession agreements for operation of the Project shall provide the following:

1. Fees paid to the Contractor by the concessionaire for the operation and maintenance of the Project (usually a percentage of gross receipts) may only be for “reasonable administrative charges” so as not to motivate the Contractor to turn over the operation and maintenance of the Project for purely profit considerations.

2. Fees paid to the concessionaire for use of the facility shall be no greater than those allowed in this Contract.

EXHIBIT 2

3. The concessionaire shall operate the Project and all other improvements placed in the Project Area solely as a recreational small craft boat launching facility unless receiving written permission from the Contractor and the Department for other permanent or special event uses.

4. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.

5. All Department signs shall be kept permanently in place.

ART
ICLE 9 - BREACH OF CONTRACT
The Department through written notice may require the Contractor to remedy to Department’s satisfaction any breach of this Contract within ninety (90) days of the date of such notice. The Department may extend the time permitting remedy of the breach if the Contractor begins such remedy within the said period; however, if the Contractor fails to proceed with or complete any remedial action within the time allowed, then the Department may take one or more of the following steps:

A. The Department may take any action to correct the breach. The Contractor shall be liable for all costs, including administrative costs, incurred in the course of correcting the breach.

B. The Department may require the Contractor to repay the Department for all Project Costs funded by the Contract. The Contractor shall make such repayment within one- hundred and eighty (180) days of the close of the fiscal year within which Department demands repayment. Repayment shall be determined by the Department on a prorated unexpired term basis (the remainder of the twenty (20) year term as determined in Article 3, Subpart A).

C. In the event the Contractor adopts time-of-day, speed zones, special-use area, pollution control measures, or any other restrictions which restrict any or all of the Project Area, or result in its closure or partial closure to any form of recreational vessel, the Department may determine the percentage of boaters affected and may require the Contractor to repay the Contract on a prorated unexpired term basis for that percentage of all Project Costs funded by the Contract. The Contractor shall make such repayment within one- hundred and eighty (180) days of the close of the fiscal year within which a Department EXHIBIT 2
demands repayment. Repayment shall be made according to a schedule determined by the Department after consultation with Contractor.

AR
TICLE 10 - LIABILITY AND FIRE INSURANCE
A. The Contractor shall, at a minimum, maintain in full force and effect during the term of this Contract the following insurance:

Bodily Injury or Death: $1,000,000 each person
$1,000,000 each occurrence
Property and Product Damage $1,000,000 each occurrence
$1,000,000 aggregate
Fire Insurance 90% of the full insurable value of all
insurable components of the Project.

B. All policy or policies shall contain the following endorsement:

The State of California, its officers, agents, employees and servants are hereby declared to be additional insured under the terms of this policy, as to activities of both the Contractor and the Department in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to the Department.

C. The Contractor agrees that all contracts between it and the subcontractor (or subcontractors) responsible for construction of the Project shall contain a clause which requires the subcontractor(s) to obtain insurance in the minimum amounts and kinds specified above in Article 10, Subpart A.

D. The insurance requirements specified above in Article 10, Subpart A, may be satisfied to the extent that the Contractor can provide comparable protection for the Contractor and the Department by virtue of the Contractor participation in any "risk management" plan, self-insurance program, insurance pooling arrangement, or any combination of these, provided that the protection plan has been approved by the Department.

E. The Contractor agrees that all subcontracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designer(s) to obtain Architect’s Professional Liability (errors and omissions) Insurance in the amount of $1,000,000.

EXHIBIT 2
F. Copies of any policy or policies, including any new or renewal policy, shall be in a form satisfactory to the Department. Copies of such policy or policies shall be submitted to the Department at least twenty (20) days prior to the effective date or dates thereof.

G. Loss under any fire insurance policy shall be payable to the Department for deposit in an appropriate trust fund with the State of California. The proceeds may be paid to the Contractor upon the Contractor's application for the reconstruction of the destroyed facilities.

H. The Department shall not be responsible for the payment of any premiums or assessments on the Contractor’s insurance policies.

I. The Contractor shall provide proof of insurance to the Department annually and upon written request by the Department.

AR
TICLE 11 - INSTALLATION OF OTHER FACILITIES
A. The Contractor may at its own expense place or cause to be placed within the Project Area any structure, alteration, and/or improvement in addition to those set forth and described in Exhibit F, provided that such facilities:

1. Are constructed, maintained and operated for the use, enjoyment, protection and service of the public,

2. Are in compliance with Article 8 of this Exhibit,

3. Do not directly or indirectly reduce the service capabilities for the boating public called for in Exhibit F including the sanitary and parking facilities, and

4. Have the prior written approval of the Department. Approvals shall not be unreasonably withheld.

B. The Department shall not be obligated to make or cause to be made any alteration, improvement, or repair to any facilities within the Project Area in addition to the original construction to the Project as provided for herein.

AR
TICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING
The Contractor shall cause a permanent sign to be installed within the Project Area, which shall include the Department’s logo (to be provided by Department) and a statement that the Department financed the Project. The sign may contain additional statements, which recognize the participation of other government agencies in the Project. The sign shall be installed before EXHIBIT 2
the Project is made available to the public. The standard Department precast concrete sign shall be used unless the Contractor is required to use a different sign style or motif. An electronic drawing of the standard Department Project credit sign shall be furnished by the Department to the Contractor for inclusion in the plans and specifications. The location of the Project credit sign and make-up of a non-standard sign, including the dimensions, materials and lettering, requires the prior approval of the Department.

AR
TICLE 13 - DIRECTIONAL SIGNS
The Contractor shall at the direction of the Department cause permanent directional signs to be installed, which shall provide adequate directions for reaching the Project Area. The signs shall be installed on major roads in the area and in as close proximity as possible to freeway exits in conformance with the provisions of the Local Agency’s Development Code and the State Department of Transportation (CalTrans) policy. The locations and make-up of the signs, including the dimensions, materials, and lettering, require the prior approval of the Department.

AR
TICLE 14 - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with this Contract shall not be deemed to be a waiver with respect to any other default or matter.

AR
TICLE 15 - PROJECT REPRESENTATIVES
The Contractor and the Department shall each designate specific staff representatives for the purposes of communication between parties. The Contractor’s representative shall be by delegation of authority, signed by the person designated by resolution to sign the Contract or any amendments, and to make decisions concerning the Contract.

AR
TICLE 16 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Contractor of any remedy specified in this Contract for the enforcement of this Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

EXHIBIT 2
ARTICLE 17 - OPINIONS AND DETERMINATIONS
Where the terms of this Contract provide for action to be based upon the opinion, judgment, approval, review, or determination of either the Department or Contractor, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious or unreasonable.

AR
TICLE 18 - ASSIGNMENT
No assignment or transfer of this Contract or any part hereof, rights hereunder, or interest herein by the Contractor shall be valid unless and until it is approved by the Department in writing. The Department’s approval shall be granted at its sole discretion and may be made subject to such reasonable terms and conditions as the Department may impose.

AR
TICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED
This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto.

ART
ICLE 20 - LIABILITY
A. The Contractor waives all claims and recourse against the Department, including the right to contribution for any losses or damages arising from, growing out of, or in any way connected with or incident to this Contract.

B. The Contractor agrees to indemnify, defend, and hold harmless the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and/or from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by the Contractor in the performance of this Contract.

C. The Contractor shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project.

EXHIBIT 2
D. If the Department is named as a co-defendant, the Contractor shall notify the Department and represent it unless the Department elects to represent itself. If the Department undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees.

AR
TICLE 21 - TERMINATION
A. Prior Termination. This Contract shall terminate on the date specified in Article 7, Subpart A of this Exhibit if by such date (1) the Contractor has not met all conditions precedent to disbursement under this Contract, or (2) the Department has disbursed no part of the Contract funds.

B. Termination. In addition to the Department’s right to terminate pursuant to Exhibit C, and as otherwise provided in this Contract, the Department may terminate this Contract without cause upon thirty (30) calendar days advance written notice to the Contractor.

C. In the event of termination, the Contractor shall promptly return all advanced funds to the Department.

AR
TICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) A. Notwithstanding Paragraph 13 in Exhibit C, payment to the Contractor for expenses shall be limited as provided for in Article 5 of this Exhibit.

B. Paragraph 5 in Exhibit C is replaced by Article 20 of this Exhibit.

EXHIBIT 2
Introduction
Th
is document presents guidelines for meeting the minimum maintenance standards for the operation and maintenance of publicly owned boat launching facilities that are funded by the California Department of Parks and Recreation, Division of Boating and Waterways (DBW).

Because DBW funds these publicly owned facilities, the State has a financial stake in their success. The attached guidelines, developed by DBW, are intended to ensure that DBW funded boat launch facilities are managed and maintained in a manner compatible with DBW’s mission – to provide safe and convenient boating access – and that the public entity owning the facility (the “Agency”) is fulfilling its responsibilities . The Agency’s primary responsibility in this context is maintaining the value of the property, including both tangible site improvements and the intangible value of the boat launch facility’s reputation with the boating public.

Scope
The scope of these guidelines is limited to those items that reflect the quality of the boat launch facility (BLF) and its operations. The seven categories that are addressed are: (1) regular maintenance, (2) major maintenance, (3) boat launch facility staff, (4) boat launch facility operations and administration, (5) boat launch facility regulations, (6) security, and (7) amenities.

The scope does not include financial measures and other items that would be covered separately when a Memorandum of Understanding (MOU), Operating Agreement, Concession Agreement or Lease Agreement occurred between an Agency and an operator. In addition, these guidelines are separate from, and complementary to, the conditions and expectations set forth in any contractual agreement that might exist between the Agency and an operator. These guidelines were developed under the assumption that any contractual obligations, such as financial performance, reporting, and lease payments from an operator to an Agency, would be monitored separately. However, in the event that an Agency contracts out the operation of a BLF to an operator, any agreement between the Agency and the operator must specify that the operator must apply these guidelines and operate and maintain the BLF to at least the minimum condition that would be achieved by following these guidelines.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2
These guidelines should be applied within the context of the existing maintenance conditions of the boat launch facility. Likewise, they should reflect long-term goals for the boat launch facility.

The three key long -term goals that apply to most publicly owned boat launch facilities are as follows:
 Maintain the boat launch facility to a standard that attracts boate rs to the boat launch facility.
 Meet current and long- range needs of the community and of boaters in the region.
 Produce, or set aside, boat launch or parking revenues sufficient to maintain the boat launch facility infrastructure, such as regular slurry sealing and striping of the parking lot, replacement of boarding float flotations as needed, or restroom roof repairs .

The following guidelines represent the minimum that shall be required of an Agency to operate and maintain a DBW funded BLF.

Guidelines
The following table documents, in categories, the minimum outcomes that must be m et in a properly maintained DBW funded BLF. The Agency is responsible for preparing, and updating, a maintenance schedule describing, in detail, how each of the objective/outcomes will be addressed by the Agency during the term of the BLF contract. During the contract term, the maintenance schedule shall be updated every five years, and whenever there are changes to the property, expected or unexpected, that might normally require changes in maintenance levels (examples include, but are not limited to, new construction or other major physical and non- physical changes including storm damage, faster than anticipated erosion, or higher than expected usage) . In the event that such a change will not require a change in maintenance levels an updated maintenance schedule is still required; and, the Agency must clearly document why no change in service is required.

In order to verify that Agencies are maintaining facilities as required, DBW will make periodic and random inspections of funded BLFs. After an inspection, Agencies will be provided with DBW’s inspection results. In the event that facilities are not being maintained to DBW’s guidelines, the Agency will be required to respond and take corrective action immediately. Agencies that do not maintain their facilities to at least these guidelines will not be considered for future DBW funding.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2
Category Objectives/Outcomes
A. Regular
Maintenance
Maintenance of existing and new structures and
facilities is conducted on a regular basis to maintain
viability of the boat launch facility. Taking into
account the initial condition of the boat launch
facility, the facilities, including ramps, boarding
floats, restrooms, lighting, and landscaping are
maintained in a safe, neat, sanitary, and orderly
condition.

B. Major
Maintenance
Inspections for possible major maintenance
problems are conducted to prevent the need for
premature replacement of facilities. The boat launch
facility structures are maintained in an acceptable
manner, enhancing the long -term viability of the
boat launch facility and reducing risk to users, the
Agency, and DBW. The facility is maintained in an
insurable condition and is free of defects caused by
neglect. Major maintenance of necessary items is
scheduled and completed in a timely manner and
minimizes degradation of the boat launch facility.

C. Staff Boat launch facility staff, where provided, are qualified, competent, and experienced. Staff are (1)
knowledgeable about boats and boating, (2)
available every day including peak season
holidays, (3) friendly, (4) professional in
appearance, and (5) proactive in meeting the needs
of customers.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2
Category Objectives/Outcomes
C. Staff (cont.) Boat launch facility staff, where provided, are responsive to customers and maintain a service
orientation. A mechanism to reach staff or other
personnel in off -hours or emergencies is in place.

D. Operations and
Administration
The Operator has a long- range plan to maintain
viability of the boat launch facility that is realistic and reflective of DBW’s mission.

The staff management plan specifies staffing levels
and availability of staff, and procedures for
responses to complaints. All facilities and services
are operated in accordance with hours authorized
in the contract/operating agreement.

E. Regulations The boat launch facility is in compliance with applicable federal, state, and local laws, rules,
regulations, contracts, and restrictions.

F. Security Boat launch facility security is maintained to appropriate guidelines for the region. The Boat
launch facility security system is in place and
operational and law enforcement incidents at the
boat launch facility are at levels similar to other
boat launch facilities in the region.

G. Amenities Amenities provided are in good condition, and help draw customers to the facility.

Revised 01.04.2019
CONTRACT C24709007

EXHIBIT E
EXHIBIT 2
LOU

IS PARK NON-MOTORIZED BOAT LAUNCH FACILITY

PROJECT SCOPE AND BUDGET SUMMARY
The Division of Boating and Waterways (DBW) proposes to fund up to $2,000,000 from the Waterways Connection Initiative (WCI) funding to the City of Stockton (City) to engineer, design, acquire permits, and construct non-motorized boating access improvements to the Louis Park Boat Launching Facility (BLF) at 3121 Monte Diablo Ave, Stockton, CA 95203.

PROPOSED PROJECT SCOPE
Engineering, permitting, construction, and inspection of the following items:
• Low Freeboard Float and Gangway (8 foot by 100 foot)
• Concrete Abutment
• Steel Guide-Piles
• Two-Unit Unisex Precast Restroom
• Utilities
• Concrete ADA Parking and Striping
• ADA Path of Travel from parking to restroom to boarding float • ADA Pathway Lighting
• Retaining Wall (if necessary) for ADA-compliant pathway between restroom and beginning of path to the boarding float
• Project Credit Sign
Ba
ckground:

The Louis Park BLF is in the City of Stockton, in San Joaquin County, about 70 miles east of San Francisco and 40 miles south of Sacramento. The BLF is part of the larger 73 acre Louis Park, a regional park that includes 40 picnic tables, three restrooms, baseball diamonds, basketball courts, tennis and handball courts, and Pixie Woods, a children’s play park.

The BLF provides public boating access from a protected cove at the recently completed Smith Canal flood gate, alongside the San Joaquin River. From there boaters can enter the Deepwater Channel which provides access to over 1,000 miles of Sacramento-San Joaquin Delta waterways.

This waterway is a major artery leading into downtown Stockton. It connects the City to the Pacific Ocean through the San Joaquin River and the Port of Stockton. At the City’s downtown waterfront, boaters can dock at the marina for day use or overnight, and access the downtown waterfront promenade which offers a wide range of dining options and entertainment venues.

EXHIBIT 2
Visitors can explore other boat launching facilities in the area, including the Buckley Cove BLF, located five miles to the northwest on the Stockton Channel, and the Morelli Park BLF, located five miles to the east on the Stockton Channel.

The Louis Park BLF was constructed in 1964 by the City of Stockton. The facility consisted of a two-lane boat launching ramp, a boarding float, a 54 vehicle- trailer parking area, and a fishing access dock.

In FY 2003, the City of Stockton was given a $792,000 Harbors and Watercraft Revolving Fund grant that widened the two-lane boat launching ramp to four launching lanes, added boarding floats, extended the parking area, slurry sealed/restriped the parking area, constructed a sidewalk, installed storm drainage, new lighting, a shade structure, and safety railing.

Waterways Connections Initiative
In FY 2021-22, the Department of Parks and Recreation was allocated approximately $154 million in a direct appropriation from the state’s Budget Act, SB-170. This funding was intended to expand waterway-related outdoor access to under-resourced, underserved, or park-poor urban communities with a population of at least 2,500, that lack connection to waterways. Of this appropriation, DBW was allocated $10 million for local assistance boat launching facility projects that fit this funding criteria.

The City of Stockton has a population of 319,000 and is identified as a disadvantaged community with 15% of the population at or below the poverty level. It is one of the most racially diverse cities in the country. While the City has three public boat launch facilities for motorized vessels, formal facilities for non-motorized boating is insufficient for its population.

Existing Conditions:
• The City recently slurry sealed and striped the parking area. • The concrete v-grooved boat launch ramp and pile-guided boarding floats are in good condition and expected to be operational for at minimum, another 10 years. • The walkway that runs along the north side of the boat launching ramp has many bumps and cracks and is not ADA compliant.
• The existing pile-guided boarding float and gangway that runs parallel to the walkway are dilapidated and not suitable for non-motorized craft. • The City removed the previous restroom building; there currently is no restroom at the facility.

Grant Award Includes:

Funding for reimbursement of costs to design, permit, construct, and inspect the non- motorized improvements identified above under PROPOSED PROJECT SCOPE. The EXHIBIT 2
PROJECT COST ESTIMATE below and PROPOSED PROJECT SCOPE identified above supersede the City’s application.

The City and DBW agreed to the proposed Louis Park NMBLF Project Cost Estimate in Table 1 below, and DBW’s engineer developed the concept design included on page 5 of this exhibit. The cost estimate (Table 1) and design concept supersede all previous designs and cost estimates and are the basis for this contract.

Project Funding Excludes:

Any costs in excess of $160,000 for the boater restroom, reimbursement for City administration, owner’s representation, project management, CEQA and related studies, picnic tables, shade structures, bike racks, etc., landscaping (unless required by permits), and all other non-boating related park amenities.

Condition: CEQA must be completed, at no expense to the WCI contract, by December 31, 2025. No grant reimbursement will be authorized until the City has demonstrated that CEQA is complete.

EXHIBIT 2

PROJECT METRICS
Annual Launches
Current: According to the City, the facility was closed for the past three years for flood gate construction and did not track annual boat launches at the facility.

Future: The City estimates the annual number of public non-motorized boat launches at the improved facility will be 5,000 per year. This amount factors in participants of club rowing. While clubs may use DBW funded facilities, funding decisions are based on use by the typical public recreational boater, therefore, DBW assumes a more conservative usage of 3,000 non-motorized launches per year.

Annual User Days
A typical non-motorized boat can accommodate one person per vessel. Therefore, DBW estimates that the annual user days for this facility will be 3,000 annual user days.

Unit Day Value

CONSTRUCTION SCOPE COST ESTIMATE
Mobilization 65,000$
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Concret
e Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal 1,388,889$

NON-CONSTRUCTION COSTS
Escalation 9% 125,000
Contingency 15% 208,333
Engineering 12% 166,667
Inspection 5% 69,444
Permits 3% 41,667
Non-Construction Subtotal 611,111$
TOTAL ESTIMATED PROJECT COST 2,000,000$
Source = Concept/Cost Estimate dated April 2025
*Percentages are of the Construction Subtotal
*3% per year for 3 years = 9% escalation
Table 1: Louis Park NMBLF Project Cost Estimate
EXHIBIT 2
The 2018 California Boating Needs Assessment Study established a unit day value in the Central Valley. The unit day value is an established way to measure recreational benefits boaters gain from the experience of boating on a particular body of water. The unit day value, adjusted for the consumer price index (CPI), is $50.47. DBW estimates that the unit day value for the proposed facility will increase after the facility is improved to $151,410 annually (unit day value x projected annual user days).

Benefit-Cost Ratio
A common method used in the analysis of investments is to establish net present value of the benefits and costs associated with a project. If the Benefit/Cost ratio exceeds “1” then the investment, weighed against available investment alternatives, is worthy of consideration from a financial perspective. The results of this analysis are as follows:

Benefit: The total benefits over the 20-year life of the project are estimated to be $2,370,630.

Cost: Net costs over the 20-year grant period are estimated to be $2,000,160.

Ratio: Assuming a total project cost of $2,000,000 to complete designs, acquire permits, and complete construction, the Benefit-Cost Ratio is 1.19.

EXHIBIT 2
Louis Park NMBLF Concept Design
EXHIBIT 2
CCC 04/2017
CERT

IFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective CONTRACTOR to the clause(s) listed below.

This certification is made under the laws of the State of California.

CONTRACTOR/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONT

RACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: CONTRACTOR has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and CONTRACTOR may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the CONTRACTOR has made false certification, or EXHIBIT 2
violated t
he certification by failing to carry out the requirements as noted above. (Gov.

Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: CONTRACTOR certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against CONTRACTOR within the immediately preceding two-year period because of CONTRACTOR’s failure to comply with an order of a Federal court, which orders CONTRACTOR to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: CONTRACTOR hereby certifies that CONTRACTOR will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

CONTRACTOR agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: CONTRACTOR hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The CONTRACTOR agrees to cooperate fully in providing reasonable access to the CONTRACTOR’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial EXHIBIT 2
Relati
ons, or the Department of Justice to determine the CONTRACTOR’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.35.

DOI

NG BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: CONTRACTOR needs to be aware of the following provisions regarding current or former state employees. If CONTRACTOR has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent CONTRACTOR with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If CONTRACTOR violates any provisions of above paragraphs, such action by CONTRACTOR shall render this Agreement void. (Pub. Contract Code §10420) EXHIBIT 2
Members
of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: CONTRACTOR needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and CONTRACTOR affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: CONTRACTOR assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the CONTRACTOR’s 'name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the CONTRACTOR shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

EXHIBIT 2

8. PAYEE DATA R
ECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

EXHIBIT 2