Agenda packet — Newark City Council, March 12, 2026 (part 1 of 2)

AGENDA
Thursday, March 12, 2026
7:00 P.M.

Michael K. Hannon, Mayor
Matthew Jorgens, Vice Mayor
Terrence Grindall, Council Member
Julie Del Catancio, Council Member
Eve Marie Little, Council Member
A. ROLL CALL
B. PRESENTATIONS

1. Proclaiming March as American Red Cross Month 2026

2. Commending Branden Uyeda, Senior Lifeguard; Yesenia Sandoval, Senior Customer Service Representative; James "Isaac" Taylor, Lifeguard; and Shawnna McAvoy, Lifeguard

3. Ohlone College Newark Campus Residential Projects Overview

4. Presentation on the Awards the City and City Staff received in 2025 C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.

There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of the February 26, 2026, City Council Minutes for the Closed Session, Special Meeting, and Regular Meeting

3. Adopt a resolution rejecting all bids for CIP Project No. 1289, Air Handler II at Silliman Aquatic Center

4. Adopt of a resolution authorizing the City Manager to execute a three-year renewal of the Esri Small Government Enterprise Agreement (SGEA) and approving a budget amendment for Fiscal Year 2025–26

5. Adopt a resolution authorizing the City Manager to approve a purchase order with GovConnection, Inc. in an amount not to exceed $470,000 and amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26 and FY 2026-27 to fund the purchase of replacement computers

6. Adopt a resolution approving plans and specifications; and award a construction contract to Adams Pool Solutions to replaster the Lazy River Pool at the Silliman Aquatics Center in the amount of $209,245 with an additional 25% construction contingency

7. Adopt a resolution authorizing acceptance of the 2025-2026 First 5 Alameda County Measure C Early Care & Education Emergency Grant and amending the 2024-2026 Biennial Budget

8. Adopt a Resolution authorizing the City Manager to execute a second amendment the Contractual Services Agreement with 4Leaf, Inc. for additional Building Inspection Division plan review, field inspection, and miscellaneous support services and amending the 2024-2026 Biennial Budget and Capital Improvement Plan
E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY MANAGER UPDATES
H. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

1. Adopt a resolution approving the reappointment of Rick Arellano, Sandra Arellano, and Olga Borjon to the Senior Advisory Committee for a two-year term

2. Adopt a resolution approving reappointment of Daniel Cardenas, Vinod Kumar, and Michael Marzano to the Measure GG/LL Oversight Committee for a four-year term

3. Update on the Public Art Committee Selection Process and Discussion on Increasing the Number of Committee Members
I. CLOSED SESSION
J. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, watch online, or watch on Cable Channel 26. The ability to observe online or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.

How to view the meeting remotely
Livestream online at YouTube: https://www.youtube.com/@cityofnewark3077/streams. Copy/paste the YouTube URL into your browser if the link does not automatically open.

Cable Channel 26 - if the meeting does not broadcast live, please contact your service provider and request the City of Newark channel lineup.

Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom.com pursuant to Assembly Bill 2449, then the Webinar ID 869 3530 2943 will be activated. The Mayor will make an announcement at the beginning of the meeting that the City will be allowing public comment via Zoom. Raise your virtual hand to notify the City Clerk that you would like to speak during the item that you wish to speak on.

How to submit written Public Comment
Send an email to City Clerk by 3:00 p.m. the day of the meeting. Please identify the agenda item number in the subject line of your email. Emails will be compiled into one file and will be distributed to the City Council before the meeting. No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall interrupt the meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.

Council Meeting Access/Materials
The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting. Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be made available for public inspection during regular business hours at the David W. Smith City Hall, 37101 Newark Boulevard, Newark CA. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the [email protected] at least two days prior to the meeting at City Clerk or 510-578-4266.

Certification of Meeting Notice and Agenda Posting
This notice and agenda were posted on the City’s website and at the City Hall bulletin board located at 37101 Newark Boulevard, Newark, CA, at least 72 hours prior to the meeting date, in accordance with the Ralph M. Brown Act.

Mission Statement
It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark.

Senior Staff Members
David J. Benoun
City Manager
Lenka Hovorka
Assistant City Manager
Kristopher J. Kokotaylo
City Attorney
Steven Turner
Community Development Director
Edwin Miranda
CIO/Information Technology Director
Krysten Lee
Finance Director
Brittney Frye
Human Resources Director
Jonathan Arguello
Police Chief
Howard Young
Public Works Director
Neetu Salwan
City Clerk
Ryan Nishimoto
ACFD Deputy Chief
Colleen Lettire
Communications and Public Engagement Manager
Roya Gonzalez
Interim Director of Recreation and Community Services
Strategic Initiatives Manager
Item B. 1.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Proclaiming March as American Red Cross Month 2026 The American Red Cross shelters, feeds, and provides comfort to victims of disasters; supplies about 40% of the nation's blood; teaches skills that save lives; distributes international humanitarian aid; and supports veterans, military members and their families. A proclamation has been prepared proclaiming March as American Red Cross Month 2026. A member of the Red Cross will accept the proclamation at the City Council meeting.

Attachments
Proclamation No. 1966
PROCLAMATION NO. 1966
AMERICAN RED CROSS MONTH 2026
WHEREAS, March is American Red Cross Month, when we honor our neighbors who make its humanitarian mission possible in Newark. Every day their acts of kindness change lives, bringing relief, comfort and hope when help cannot wait. This compassionate spirit runs deep in our community, just as it has for 145 years through the American Red Cross; and WHEREAS, today, volunteers, blood and platelet donors, and supporters light the way during emergencies — whether it is delivering shelter, food and comfort after disasters; providing a safe, lifesaving blood supply for patients facing conditions like cancer treatments, childbirth complications and traumatic injuries; assisting military members, veterans and their families with 24/7 global support; or empowering individuals with skills like first aid and CPR that save lives: and WHEREAS, with 2,223 volunteers in Alameda County, the American Red Cross assisted or responded to 141 disasters, assisting 286 families; and through their Sound the Alarm program, the American Red Cross installed 1,104 smoke alarms, making 300 homes safer; and WHEREAS, Alameda County residents donated 33,104 units of lifesaving blood; hosted 1,165 blood drives; and trained 18,914 citizens in first aid, CPR, AED, and aquatics; and provided 323 case services to military members and their families; and provided humanitarian aid internationally; and WHEREAS, these collective efforts are a powerful reminder that the strength of our community lies in our shared commitment to one another. As we mark Red Cross Month, let us celebrate our local heroes and resolve to continue lifting each other up, so no one faces an emergency alone.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim March as
AMERICAN RED CROSS MONTH 2026
in Newark and urge all citizens to reach out and support its humanitarian mission.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Twelfth Day of March, Two Thousand Twenty-six.

MICHAEL K. HANNON
Mayor
Item B. 2.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Commending Branden Uyeda, Senior Lifeguard; Yesenia Sandoval, Senior Customer Service Representative; James "Isaac" Taylor, Lifeguard; and Shawnna McAvoy, Lifeguard
Recently, George M. Silliman Activity & Family Aquatic Center staff members observed a woman in distress in the swimming pool. Drawing upon their training, they responded quickly and were instrumental in ensuring the woman's safety. A commendation has been prepared, and Branden Uyeda, Yesenia Sandoval, James "Isaac" Taylor, and Shawnna McAvoy will be at the meeting to receive it.

Attachments
Commendation

COMMENDATION
Branden Uyeda, Senior Lifeguard
Yesenia Sandoval, Senior Customer Service Representative James “Isaac” Taylor, Lifeguard
Shawnna McAvoy, Lifeguard
WHEREAS, the City of Newark is committed to ensuring the safety, well-being, and quality of life of all residents and visitors; and
WHEREAS, the dedicated staff members of the City of Newark consistently demonstrate professionalism, preparedness, and a steadfast commitment to public service; and WHEREAS, on a recent occasion at the George M. Silliman Activity & Family Aquatic Center, staff members observed a woman in distress in the swimming pool and immediately recognized the seriousness of the situation; and
WHEREAS, drawing upon their training, vigilance, and sound judgment, staff responded swiftly, implementing established safety protocols, rendering assistance, and ensuring that emergency procedures were properly followed; and
WHEREAS, their prompt and decisive actions were instrumental in safeguarding the individual’s well-being and exemplify the highest standards of public service; and WHEREAS, this incident reflects the value of ongoing training, teamwork, and preparedness, as well as the dedication of City employees to act with courage and competence in moments of urgency.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend and express our deepest appreciation to Branden Uyeda, Senior Lifeguard
Yesenia Sandoval, Senior Customer Service Representative James “Isaac” Taylor, Lifeguard
Shawnna McAvoy, Lifeguard
for their exemplary response, professionalism, and commitment to protecting the health and safety of our community. Their actions serve as a model of excellence and embody the spirit of service that strengthens and protects the City of Newark.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Twelfth Day of March, Two Thousand Twenty-six.

MICHAEL K. HANNON
Mayor
Item B. 3.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Steven Turner, Community Development Director
SUBJECT Ohlone College Newark Campus Residential Projects Overview The City Council will receive a presentation from representatives of the Ohlone Community College District (the District) regarding two planned residential projects at the Newark campus.

Market Rate Housing
In 2023, the District requested proposals from residential developers to provide a multifamily development at the Newark campus in order to secure an ongoing source of revenue for the District, enrich its programs, and augment future college funding.

The District selected Lewis Management Corp. to lease approximately 19 acres and propose a 274-unit gated, market-rate rental residential development. The project includes 166 units within 83 two-story townhome duplex buildings and 108 units within 18 three-story, six-unit townhome buildings, along with four common area buildings and associated site improvements.

The project site is located within Area 3, Sub Area F of the Newark Areas 3 and 4 Specific Plan and is currently designated Public Institutional in the General Plan and zoned Public Facilities. Since this project is not directly associated with the college's educational mission, it requires a General Plan amendment to Medium Density Residential and a Specific Plan amendment to increase the residential holding capacity, allow residential uses in Sub Area F, and permit the project as proposed.

Other entitlements include rezoning to Residential Medium Density (RM), a Minor Use Permit to allow building heights exceeding 35 feet, Design Review, and approval of a Tentative Tract Map. Environmental analysis for the project is required and is currently underway.

Student Housing
The District plans to address the unique student population served by community colleges, which differs from that of universities. A planned 500+ bed community to serve the students of the District would be located on the Newark campus and designed to accommodate single students and students with families. Unit sizes will range from studio to four-bedroom units. Amenities will include: in-building laundry, secure card access, robust wi-fi, individual and group study spaces, and indoor and outdoor community social spaces. The new student housing will be located adjacent to the academic building and will be designed with materials and features compatible with the existing campus. The building will be designed efficiently, with sustainable features such as low-flow plumbing fixtures and LED lighting. The units and common spaces will be designed to meet all student needs and be as affordable as possible. This project is intended to serve the college district's educational mission and, as such, is subject to the State of California's educational building development requirements. The State's Architectural Office reviews and approves this type of development. No land use or zoning changes from the City of Newark are necessary for this project.

Attachments
Presentation - Student Housing Overview Ohlone Lewis March 2026

OHLONE COMMUNITY COLLEGE DISTRICT
Affordable Student Housing Update – Newark Campus
March 2026
Ohlone College:

Serving Newark
for Six Decades
• Over the last 5 years,
381 Newark Memorial
High students have
enrolled at Ohlone.
• Ohlone College’s Tri-
Cities Career Center
offers self-directed,
group, and
individualized career
services.
2 Ohlone College
Newark Center
 Opened in January 2008
 81-acre campus
 First LEED Platinum College on the Planet
 Programs include:
 Biotechnology
 Environmental Studies
 Physical Therapist Assistant
 Registered Nursing
 Respiratory Therapist
3 Future Expansion at
Newark Center
 Student Housing
 Expanded Programs
 Market Rate Housing
4 Ohlone College Newark Center Student Housing
Provide Housing Options for Students and Employees
Address Housing Insecurity Concerns
Enhance Student Recruitment
Attract students from outside of the service area
5 P3 Structure

ADVISOR &

PROJECT
MANAGER:

VOLZ COMPANY
501(c)(3)

CONSTRUCTION
FIRM
ARCHITECT:

PBK
ISSUER:

CCCFA TRUSTEE
OPERATOR:

GILBANE / Inwood
Management

FINANCING AGREEMENT

INDENTURE LOAN

AGREEMENT

DEVELOPMENT AGREEMENT

CONSTRUCTION CONTRACT

GROUND LEASE/

COORDINATION AGREEMENT
DEVELOPER:

GILBANE

OHLONE COLLEGE

MANAGEMENT

AGREEMENT

A&E CONTRACT

PRE-DEVELOPMENT

AGREEMENT
District Legal:

Stradling and Yocca
Environmental
Consultants:

Ninyo and Moore
Impact Sciences
6 The Project would establish
housing at the Newark Center,
including 423 student beds (95
units) and 68 family and
employee units. Student housing
is concentrated in multi-bedroom
configurations, with three- and
four-bedroom units accounting for
the majority of beds, while family
and employee housing is limited
to studios and two-bedroom units.

The schedule anticipates
construction beginning in Summer
2026 and completion in Fall 2028.

Project Description
The Project consists of a new housing community to be
developed on the Newark Center. The design includes
two connected residential buildings: one dedicated to
individual student housing and the other serving
student families and College employees. Each building
will have its own secure entrance, and the two
structures will be joined in the center by a shared
common area that includes lounges, study spaces, and
other amenity functions.

Location: Newark Center
Construction Start: Summer 2026
Construction Completion: Fall 2028
Project
Description
Executive Summary
Note: Although minor variations may exist, these graphics provide a representation of the unit types planned at the Project.

Site Plan
7 OHLONE COLLEGE
Unit Type # of Units # of Beds Tentative
Rate
2025 $
Student Apartments
Studio 8 8 $2,034
Two Bed Dbl Occ. 39 156 $1,674
Three Bedroom Suite Dbl Occ 38 228 $1,504
Four Bed single room Sngl Occ 10 40 $1,828
Total Student Apartments 95 432 $1,605
Family/Employee Apartments
Studio 34 34 $2,086
Two Bedroom Single Occ. 34 68 $3,476
Total Family/Employee 68 102 $2,781
Demand Study
December 2025
Planned
Rental Rate
Higher Rate
(+ 10%)
Student demand 1,477 1,097
Employee demand 69 46
Total demand 1,546 1,143
Available beds 534 534
Excess demand
(total demand – available beds)
1,012 609
8 9
Next Steps Anticipated Date
Closing documents overview February 2026 Board meeting
Closing documents approval March/April 2026 Board meeting Financial closing May 2026
Division of State Architect (DSA) submission October 2025 DSA site work approval Early 2026
DSA construction work comments February 2026
DSA construction work approval July 2026
Groundbreaking ceremony May 2026
Student move in August 2028
Design Overview

PROGRAM
Student Apartments
Studio 8
3 BR Suite (doubles) 228
2 BR 2 Bath (doubles) 156
4 BR 2 Bath (singles) 40
Apartments
Studio 34
2 BR 2 Bath 68
Total Beds 534
Student Housing Apartments
Site Plan & Program
11 WING A: STUDENT HOUSING WING B: APT HOUSING
Level 1 Floorplan & Program
12 WING A: STUDENT HOUSING WING B: APT HOUSING
Level 2 - 4 Floorplan & Program
13 Campus Approach
Cherry Street
Campus Approach
Primary Entry View
15 Student Entry - Courtyard
16 Apartment Entry - Courtyard
17 Thank You
Harvest in Newark
Ohlone College Newark Center Campus
Market Rate Rental Community
March 2026
1 Presentation Summary
•Introduction to Lewis Group of Companies
•Project Background
•Project Vision
• Next Steps
2 •The Lewis Group of Companies is recognized as one of the nation’s largest privately held real estate development companies.
•Founded in 1955, the company now has roughly 800
employees and has developed more than 58,000 homes,
approximately 13,000 rental homes, and 24 million square feet of retail, office, and industrial space.
•Started Northern California operations in Vacaville in 1975; office currently located in Sacramento.
•Our best-in-class Property Management group focuses on customer service, relationships, and maintaining its
developments to industry-leading standards.
•Winner of the CEL & Associates National Multifamily Customer Service Award for 18 years and running, ranking Lewis as the Best Property Management Firm for a company of its size in the country.
3 Newark Area 3 & 4 Specific Plan
Adopted 2010
4 Ohlone College District Facilities Master Plan - 2022 5 6
Original Offering Memo Cover and Development Area –February 2023 7 Our
Residents
8 Current Site Plan–November 2025
9 Key Features of the Harvest at Newark
Community
• Hierarchy of Streets
• Walkable
• Designed to Embrace/Enhance College Sustainability Features – i.e. Trail Enhancement/Expansion, Interpretive Signage, Drought Tolerant Landscaping
• Resident Amenities
• Interface with College Campus
• Connectivity with Student Housing Project
• Connectivity with Silliman Community Activity Center
• Missing Middle Housing based on staff input
10 Illustrative Site Plan
11 DUPLEX
HOMES
12 3-STORY

TOWNHOMES
13 RESORT STYLE

AMENITIES
14 DOG PARK &

PLAYGROUNDS
15 GRILLING &

GATHERING
16 NEIGHBORHOO
D

WALKABILITY
17 COMMUNITY

CLUBHOUSE
18 Summary of Key Project Components
Lewis and Harvest Community
• Lewis opted to apply to the city as lead agency for entitlements vs.

Ohlone College
• Directly supports the College’s financial stability, which is essential to its educational mission, future success and longevity in the City. • Company’s proven history of delivering quality communities • Property Management oversight by Lewis Team
• Conducted Substantial Market Research to Address Housing Niche (no similar rental product in the Newark market)
• Conduct Focus Groups with Renters to Establish What Works in our Communities and What Does Not Work – Ongoing Process to Continuously Improve
• Complements the College’s student housing initiative, helping to create a functioning campus and onsite housing initiative.
19 Item B. 4.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Presentation on the Awards the City and City Staff received in 2025 City staff received numerous regional, state, and national awards in 2025, reflecting our commitment to financial resilience, service excellence, innovation, and community engagement. These recognitions demonstrate progress toward the City’s Strategic Priority Areas and reinforce the organization’s dedication to transparency, accountability, and high-quality public service.

Each year, professional associations, accrediting bodies, and state and federal agencies recognize outstanding work in municipal governance of financial management, planning, technology, recreational programming, and emergency response. The honors received in 2025 highlight both organizational excellence and individual leadership across multiple departments.

The awards are summarized below and categorized by department.

ALAMEDA COUNTY FIRE DEPARTMENT
Alameda Area District Good Scout Award
Awarding Organization: Scouting America, Golden Gate Area Council Recipients: Alameda County Fire Chief William McDonald
This award recognizes Chief McDonald’s commitment to public service and his dedication to youth and the community. It honors his leadership, integrity, and contributions to the County and beyond.

1. COMMUNITY DEVELOPMENT & EMERGENCY SERVICES AWARDS
Economic Planning & Development Award of Merit – Old Town Specific Plan Awarding Organization: American Planning Association, Northern California Section
Recipients: Community Development Department; Lexington Planning (consultant)
This award recognizes Newark’s innovative and actionable approach to revitalizing Old Town. The Specific Plan blends mixed-use development, pedestrian and bicycle improvements, and smart-growth principles with strong community engagement. The Plan successfully transforms long-term revitalization

1. goals into practical steps that support a vibrant, walkable district and future economic sustainability.

Award of Merit – Plan, Prepare, Respond, and Recover (PPRR) Initiative Awarding Organization: California Association for Local Economic Development (CALED)
Recipients: Emergency Services and Economic Development This recognition honors the City’s PPRR initiative for strengthening Newark’s economic resilience. The program enhances citywide preparedness, response capabilities, and recovery strategies, ensuring continuity for local businesses and residents. The award highlights Newark’s leadership in proactive, collaborative economic development planning.

2. FINANCE DEPARTMENT AWARDS
CSMFO Budget Excellence Award
Awarding Organization: California Society of Municipal Finance Officers (CSMFO)
Recipient: City of Newark Finance Department
This award recognizes outstanding achievement in municipal budget development, communication, and transparency. Newark earned a score of 90/100, well above statewide averages, and was commended for its clear presentation of financial history, goals, and long-term planning. The recognition reflects the City’s commitment to accessible and responsible financial stewardship.

1. GFOA Distinguished Budget Presentation Award
Awarding Organization: Government Finance Officers Association (GFOA) Recipient: City of Newark Finance Department
This national award is presented to agencies that meet the highest standards in governmental budgeting across four major categories and fourteen criteria.

Newark’s recognition demonstrates adherence to nationally established best practices and excellence in producing a clear, comprehensive, and public-focused budget document.

2. GFOA Certificate of Achievement for Excellence in Financial Reporting (ACFR Award)
Awarding Organization: Government Finance Officers Association (GFOA) Recipient: Finance Department – Accounting & Financial Reporting Team This prestigious national recognition honors Newark for excellence in its Annual Comprehensive Financial Report for FY 2023–24. Newark also received the Award of Financial Reporting Achievement (AFRA), which acknowledges the Finance Department’s leadership in producing transparent, accurate, and high-quality financial reporting. The award reflects the City’s dedication to strong fiscal accountability and public trust.

3. INFORMATION TECHNOLOGY DEPARTMENT AWARDS

1. 2025 MISAC Excellence Award
Awarding Organization: Municipal Information Systems Association of California Recipient: Information Technology Department
This award recognizes agencies that demonstrate excellence in IT governance, cybersecurity, operations, and customer service. Newark received this distinction for the first time, reflecting the City’s rapid progress in strengthening digital infrastructure, security standards, and resident-focused technology services.
2025 Digital Cities Survey – 7th Place (Up to 75,000 Population) Awarding Organization: Center for Digital Government
Recipient: City of Newark
This national ranking honors Newark’s achievements in cybersecurity, cloud modernization, digital equity, and innovation in service delivery.

Newark’s continued placement in the top ten for three consecutive years showcases the City’s leadership in building secure, modern, and accessible digital services for residents.

2. 2025 PTI Solutions Award for IT Governance (Small Jurisdictions) Awarding Organization: Public Technology Institute
Recipient: City of Newark Information Technology Department This award recognizes the City’s successful modernization of its telephony system, which cut annual communications costs by nearly 50%, improved reliability, and enhanced emergency services operations. The project demonstrates Newark’s commitment to efficient, secure, and cost-effective technology governance.

3. 2025 PTI Golden GovIT Collaboration Award
Awarding Organization: Public Technology Institute
Recipient: City of Newark Information Technology Department This award honors Newark’s citywide physical security modernization project, a cross-department effort completed within an ambitious
100-business-day schedule. The initiative united seven facilities under a single security platform, improving safety, situational awareness, and operational coordination across the City.

4. 2025 PTI Golden GovIT Leadership Award
Awarding Organization: Public Technology Institute
Recipient: IT Director Edwin Miranda
This recognition honors Director Miranda for his leadership in advancing Newark’s technology modernization, broadband strategy, and digital equity initiatives. His statewide professional influence and commitment to mentoring and community service exemplify the qualities of a public-sector technology leader.

5. POLICE DEPARTMENT AWARDS
Property Officer of the Year
Awarding Organization: California Association for Property & Evidence – NorCal Chapter
Recipient: Property & Evidence Technician Laura daSilva

1. Recipient: Property & Evidence Technician Laura daSilva This award recognizes Technician daSilva for her exceptional contributions to property and evidence operations, including improving established processes, elevating service levels to the public, supporting allied agencies, and contributing meaningfully within the Department. Her professionalism, dedication to special projects, and leadership within the property and evidence community were central to this recognition.

Stolen Vehicle “10851 CVC” Investigations Awards
Awarding Organization: State of California Highway Patrol These recognitions honor Newark Police Department officers for exemplary work in stolen vehicle recovery and suspect apprehension. Recipients must recover at least 12 stolen vehicles, with three recoveries resulting in arrests, within at least 12 stolen vehicles, with three recoveries resulting in arrests, within a 12-month period.

First Tier Award – Officer Shawn Torres
Recognized for exceptional performance in vehicle theft investigations, demonstrating strong investigative skill and proactive policing.

First Tier Award – Officer Carlos Torres
Acknowledged for outstanding work in recovering stolen vehicles and arresting offenders, contributing to crime reduction and community safety.

Tier 2 & Tier 3 Award – Officer John Kapu
Recognized for meeting award benchmarks across multiple performance tiers, reflecting sustained excellence in stolen vehicle investigations.

2. RECREATION & COMMUNITY SERVICES AWARDS
Marketing and Communication Award of Excellence
Awarding Organization: California Parks & Recreation Society (CPRS) Recipient: City of Newark Recreation and Community Services Department This award recognizes innovation, impact, and leadership in marketing and communication in parks and recreation. Newark earned this distinction for its Community in Color coloring and comic book series, which brings City staff, facilities, and events to life while fostering community pride and connection. The recognition reflects the City’s commitment to creative, collaborative programming that engages residents and celebrates the people who serve them.

1. At the City Council meeting, staff will provide a presentation to the Council highlighting the awards.

Attachments
Awards Presentation
2025 Awards and Recognitions
Celebrating Excellence Across Departments
It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark.

Alameda Area District
Good Scout Award
Chief William McDonald
receives the Good Scout
Award. Recognizing
outstanding leadership,
dedication to public service,
and commitment to the
community.

Alameda County Fire Department Awards
1 Economic Planning
and Development
Award of Merit
Old Town Newark Specific Plan
Community Development and Emergency Services Awards
Recognizes Newark’s innovative
and actionable approach to
revitalizing Old Town.
2 Plan, Prepare, Respond, and Recover
(PPRR) Initiative
Award of Merit
Community Development and Emergency Services Awards
Program enhances citywide
preparedness, response capabilities,
and recovery strategies.

California Association for
Local Economic Development
3 Finance Department Awards
CSMFO
California Society of
Recognizing outstanding
achievement in municipal
budget development,
communication, and
transparency.

Municipal Finance Officers
Budget Excellence Award
GFOA
Distinguished Budget
Presentation Award
Government Finance
Officers Association
Meets the highest
standards in
governmental budgeting.

Excellence in its Annual
Comprehensive Financial
Report and Award of
Financial Reporting
Achievement.

GFOA
Certificate of Achievement
for Excellence in Financial
Reporting
Government Finance
Officers Association
4 Information Technology Department Awards
MISAC
Excellence
Award
Recognizes
agencies that
demonstrate
excellence in IT
governance,
cybersecurity,
operations and
customer service.

DIGITAL CITIES
SURVEY
National ranking
honoring Newark’s
achievements in
cybersecurity,
cloud
modernization,
digital equity, &
innovation.

PTI Solutions
IT Governance
Recognizes
successful
modernization
of its telephony
system.

PTI Golden GovIT
Collaboration
Award
Honors Newark’s
citywide physical
security
modernization
project. Initiative
united 7 facilities
under a single
security platform.

PTI Golden GovIT
Individual
Leader Award
Honors CIO Miranda
for his leadership
in advancing
Newark’s technology
modernization,
broadband strategy,
and digital equity
initiatives.
5 Police Department Awards
Property Officer
of the Year
Property and Evidence Technician
Laura daSilva
Recognition for exceptional
contributions to property
and evidence operations.
6 Police Department Awards
Stolen Vehicle
“10851 CVC”
Investigations Award Recipients
Recognizing Newark Police
Department officers for
exemplary work in stolen vehicle
recovery and suspect
apprehension.

Police
Officer
Carlos
Torres
Police
Chief
Jonathan
Arguello
Police
Officer
Shawn
Torres
Police
Officer
John
Kapu 7
Recreation and Community Services Awards
Marketing and
Communication
Award of Excellence
Recognizing innovation, impact,
and leadership in marketing
and communication in parks
and recreation.
8 It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark.

Recognizing the dedication and excellence of all
City of Newark staff!
Item D. 1.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 02.12.26
Audited Demands 02.19.26

Item D. 2.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Approval of the February 26, 2026, City Council Minutes for the Closed Session, Special Meeting, and Regular Meeting
Attachments
February 26 2026 Closed Session Minutes
February 26 2026 City Council Special Meeting Minutes
February 26 2026 City Council Regular Meeting Minutes
Thursday, February 26, 2026 Draft Closed Session Minutes Page 1 of 1

CITY OF NEWARK

CITY COUNCIL MEETING
Council Chambers
37101 Newark Boulevard, Newark, CA 94560 | (510) 578-4266 | E-mail: [email protected]

DRAFT MINUTES
Thursday, February 26, 2026
Closed Session
5:30 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 5:40 p.m. Vice Mayor Jorgens, Council Members Grindall, Catancio, and Little were present.

B. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case.

No one from the public requested to speak.

The City Council convened in Closed Session at 5:42 p.m.

No reportable action was taken during closed session.

C. ADJOURNMENT
Mayor Hannon adjourned the meeting at 6:17 p.m.
_____________________________
Neetu Salwan, City Clerk
Thursday, February 26, 2026 Draft Special Meeting Minutes Page 1 of 1

CITY OF NEWARK

CITY COUNCIL MEETING
Council Chambers
37101 Newark Boulevard, Newark, CA 94560 | (510) 578-4266 | E-mail: [email protected]

DRAFT MINUTES
Thursday, February 26, 2026
Special Meeting
6:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 6:23 p.m. Vice Mayor Jorgens, Council Members Grindall, Catancio, and Little were present.

B. PRESENTATIONS

1. Presentation regarding City Council's Role and Communications During Emergencies Training City Manager Benoun provided introductory remarks and background.

Emergency Services Coordinator Richard Martinez and Communications and Public Engagement Manager Colleen Lettire gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

Council members asked clarifying questions, participated in discussions, and provided feedback regarding alert system participation, alternative EOC locations, reimbursement procedures, and emergency communication strategies.

C. ADJOURNMENT
Mayor Hannon adjourned the meeting at 6:48 p.m.
_____________________________
Neetu Salwan, City Clerk
Thursday, February 26, 2026 Draft Minutes Page 1 of 4

CITY OF NEWARK

CITY COUNCIL MEETING
Council Chambers
37101 Newark Boulevard, Newark, CA 94560 | (510) 578-4266 | E-mail: [email protected]

DRAFT MINUTES
Thursday, February 26, 2026
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:04 p.m. Vice Mayor Jorgens, Council Members Grindall, Catancio, and Little were present.

Mayor Hannon announced that he would adjourn the meeting in memory of Sharon Marshak, cofounder of Tri-City Voice, whose leadership helped grow the publication into a respected voice for the Tri-City community.

B. PRESENTATIONS

1. Proclaiming Lunar New Year
Mayor Hannon presented a commendation to Crime Analyst Victor Wang, Public Works Director Howard Young, City Attorney Kristopher Kokotaylo, and Council Member Catancio.

2. Urban Land Institute Technical Assistance Panel Presentation City Manager Benoun provided introductory remarks and project background.

The Urban Land Institute Technical Assistance Panel (TAP), consisting of Panel Co-Chairs Rick Dishnica, President of Dishnica Company and Danielle Surdin O’Leary, Vice President of Municipal Engagement & Economic Development at Prologis; and panelists Cecily Barclay, Partner at Perkins Coie; Dena Belzer, President of Strategic Economics; Alan Chamorro, Executive VP of Lowe; Christine Firstenberg, President of MERR; Leslie Parks, Director of Economic Development at Good City Company; and Yann Taylor, Principal Architect at Field Paoli provided a summary of recommendations for the NewPark Mall area.

No one from the audience requested to speak.

Council discussed NewPark Mall revitalization, focusing on incremental improvements, potential attractions, and a phased approach to enhance safety, connectivity, and economic activity while coordinating assets and engaging property owners.

Council requested staff provide an update on the TAP report, outlining steps taken to implement the ideas discussed during the meeting.

Thursday, February 26, 2026 Draft Minutes Page 2 of 4
Mayor called for a recess at 9:00 p.m. The meeting resumed at 9:07 p.m.

C. PUBLIC COMMENT
None.

D. CONSENT CALENDAR
Mayor Hannon asked that Item No. D.4 be pulled for further discussion.

No one from the audience requested to speak.

Vice Mayor Jorgens moved, Council Member Catancio seconded, to approve Consent Calendar items D.1 to D.3, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of January 12, 2026, City Council Minutes

3. Adopt a resolution ratifying the Fifth Amendment and approving the Sixth Amendment to the Contractual Services Agreement with Yosh Enterprises, Inc. dba Orion Security for security guard services, and amending the 2024–2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26.

Resolution No. 11817

NONCONSENT

4. Adopt a Resolution Accepting work with Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No. CIPA10001.FY2026
Resolution No. 11818
Mayor Hannon pulled Item D.4 to show residents the visible results of infrastructure improvements, allowing them to see before and after photos of the work.

No one from the audience requested to speak.

Mayor Hannon moved, and Council Member Little seconded, accepting work with Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No. CIPA10001.FY2026. The motion passed, 5 AYES.

E. PUBLIC HEARINGS
None.

Thursday, February 26, 2026 Draft Minutes Page 3 of 4
F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a side letter agreement with Republic Services regarding credit to single-family account holders to resolve costs incurred due to service disruption
Resolution No. 11819
City Manager Benoun provided introductory remarks and project background.

Environmental Services Manager James Scanlin gave the presentation. The presentation is on file with the City Clerk.

The representative from Republic Services thanked the Council and noted that credits had been issued for any service interruptions.

Council Members asked clarifying questions and held discussion regarding the project.

Council Member Grindall made a motion to continue the item for further discussion; the motion did not receive a second. Motion failed.

Vice Mayor Jorgens moved, and Council Member Catancio seconded, to approve a $15.26 credit to residents for Republic Services disruptions. The motion passed by the following votes: AYES:

Catancio, Little, Jorgens, Hannon; NOES: Grindall.

2. Community Preservation Update Informational Report
City Manager Benoun provided introductory remarks and project background.

Community Preservation Manager Oscar Carrillo gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

Council members asked clarifying questions, engaged in a discussion highlighting landlord responsibilities, tenant notification procedures, and requested a future summary of the results.

G. CITY MANAGER UPDATES
City Manager Benoun announced:

1. March CERT Training on Wednesday, March 11, 2026, from 7:30 p.m. to 9:00 p.m. at Clark W.

Redeker Senior Center, 7401 Filbert Street.

2. Newark Gardens will open its waitlist for individuals aged 62 years or older, as well as those aged 18 or older with a disability, from February 25 to March 11, 2026. Applications can be submitted between 9:00 a.m. and 5:00 p.m. at sahahomes.org/apply. Newark Gardens is located at 35300 Cedar Boulevard.

3. The City’s free “Fishing in the City” event will be held on Saturday, March 7th, from 8:30 a.m. to 11:00 a.m. at Lakeshore Park for children ages 5-15.

Thursday, February 26, 2026 Draft Minutes Page 4 of 4

4. The City will be hosting the State of the City Address on April 18, 2026, at the Newark Civic Center, located at 37101 Newark Blvd. The event will feature live performances, food trucks, a resource fair, and activities suitable for all ages.

5. The City of Newark was recognized as a “Certified Age Friendly Employer” on February 13, 2026, by the Age Friendly Institute.

6. Newark received $850,000 in federal funds from U.S. Representative Ro Khanna for the Cedar Boulevard Complete Streets project, including bike and pedestrian improvements.

H. CITY COUNCIL MATTERS
Council Member Little announced Mission Peak District Cub Scout Yo-Yo Day to be held on Saturday, February 28, 2026, from 1:00 p.m. to 6:00 p.m. at the First Presbyterian Church. Also highlighted actions taken by the Newark Police Department to keep the city safe.

Council Member Grindall announced upcoming Newark Educational Foundation Spring Showcase along with the annual Family Day at the Park on Saturday, March 28, 2026, from 10:00 a.m. to 12:30 p.m. at the Newark Community Center Park (35501 Cedar Blvd) with various fun activities. Also shared that he became a first-time grandfather to a baby named Hazel.

Council Member Catancio announced a free Lunar New Year community event celebrating the Year of the Fire Horse on Saturday, February 28, 2026, from 12:00 p.m. to 3:00 p.m. at the Newark Library.

Additionally, she highlighted that NUSD teacher Miss Chinn is being honored.

Vice Mayor Jorgens shared a historical account of the 1906 Bay Area earthquake, highlighting damage in Newark, community resilience, and the importance of improved disaster preparedness today.

I. CLOSED SESSION
None.

J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 11:05 p.m. in memory of Sharon Marshak. _____________________________
Neetu Salwan, City Clerk
Item D. 3.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Gustavo Perez, Facilities Supervisor
SUBJECT Adopt a resolution rejecting all bids for CIP Project No. 1289, Air Handler II at Silliman Aquatic Center
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution rejecting all bids received for CIP Project No. 1289 – Air Handler II at the Silliman Aquatic Center.

BACKGROUND
The Silliman Activity Center and Silliman Aquatic Center are key community recreation facilities that provide fitness, aquatics, youth and adult programs, and community events. The existing air handling unit serving the facility is approximately is the original unit, is 21 years old, and has reached the end of its useful life.

CIP Project No. 1289 provides for the replacement of Air Handler II at the Silliman Aquatic Center. The project includes furnishing all materials, equipment, labor, and associated services necessary to install a new air handling unit and ensure proper system operation. An air handler is an HVAC (Heating, Ventilation, and Air Conditioning) component that circulates and conditions air throughout a building. It acts as the system's "blower" unit. Air Handler II works in tandem together with Air Handler I at the Silliman Aquatic Center. Air Handler I was replaced in 2017 due to failure. Air Handler II was not replaced at that time as it was still functioning.

The project scope includes the following work:
•    Provide and install one (1) Innovent Model NDHU-OU-PL-16900-IF-IV-460 air handling unit,
to be sourced through Trane.
•    Submit as-built drawings and obtain all required permits from the City of Newark. •    Engage a licensed mechanical engineer to perform a seismic review of unistrut and supports.
•    Perform necessary roof repairs related to the installation. •    Conduct full system air balancing.
•    Coordinate delivery and crane installation.
•    Syserco will be performing all commissioning for this project.

DISCUSSION/ANALYSIS
On November 4, 2025, the City advertised CIP Project No. 1289 – Air Handler II at the Silliman Aquatic Center. On November 25, 2025, the City received four bids for the project, as summarized below:

Company                                                Base Bid Galaxy Construction Services, Inc.        $468,000
American Mechancial, Inc.                     $615,000
S&H Construction, Inc.                           $578,600 B&M Civil LLC dba B&M Builders           $611,100
On November 27, 2025, the City received a bid protest from S&H Construction, Inc. regarding the responsiveness of the apparent low bid submitted by Galaxy Construction Services, Inc. Galaxy Construction Services, Inc. subsequently provided a response to the protest, after which S&H Construction, Inc. submitted a revised protest.

The protest and related materials were reviewed as part of the City’s standard procurement evaluation process. S&H Construction, Inc indicated their grounds for protest was that the low bidder did not fully follow instructions.

During this review, staff also evaluated the procurement procedures used for the project and identified an opportunity to clarify certain aspects of the bid process to ensure full alignment with the City’s Cost Accounting Policies and Procedures Manual.

Re-advertising the project will allow staff to refine the bid documents and confirm that the solicitation process is clear and consistent for all potential bidders.

California Public Contract Code Section 20166 and the project bid documents authorize the City to reject any or all bids. Based on the bid protest received and the opportunity to clarify the solicitation documents, staff recommends rejecting the current bids and re-advertising the project to ensure a clear and fair competitive process and full alignment with the City’s procurement procedures.

Staff will update the project specifications as needed and review the engineer’s estimate to better reflect current market conditions prior to re-advertising the project.

The project is anticipated to be re-bid in Spring 2026.

FISCAL IMPACT
There is no direct cost associated with rejecting all bids.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Modernize Public Facilities and Infrastructure

REVIEW AND APPROVAL
Prepared by - Gustavo Perez, Facilities Supervisor
Prepared by - Gustavo Perez, Facilities Supervisor
Reviewed by - Tonya Connolly, Maintenance Superintendent Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Bid Results and Protest Documentation
Resolution Rejecting Air Handler Bids

BUILDER & CONTRACTOR, LISCENCE NO. 786358
5560 BOSCELL COMMON, FREMONT CA 94538
PH.(510)510-579-7382 FAX(510)280-6087 E-mail: [email protected] November 27, 2025

VIA EMAIL
Mr. Gustavo Perez
City of Newark
37101 Newark Boulevard
Newark, California
Re: City of Newark
Replacement of air handler II at Silliman Aquatic Center, Project 1289 Bid Protest of Nonresponsive Bid of Galaxy Construction Services, Inc Dear Member of the Board,
Pursuant to Sub section 2-1.04 of Section 2 of Specifications, this letter is a protest by S&H Construction, Inc. (“S&H”) of the proposal submitted by Galaxy Construction Services, Inc. (“Galaxy”) for the above-referenced Project.

Galaxy’s proposal should be rejected for the reasons stated below. S&H submitted the lowest responsive bid from a responsible contractor.

Persons Representing the Protesting Party
Harmeet Anand
S&H Construction, Inc.

CEO
5560 Boscell Common
Fremont, CA 94538.

Phone: (510) 579-7382
[email protected]
Grounds for Protest
A bid is considered responsive only if it “promises to do what the bidding instructions require.” (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1187). The project specifications and Public Contract Code §4104 require bidders to list every subcontractor performing work exceeding one-half of one percent (0.5%) of the total bid or $10,000, whichever is greater.

Galaxy’s bid contains multiple omissions and failures to list properly licensed and qualified subcontractors. Importantly, each of the scopes omitted by Galaxy exceeds the 0.5% PCC §4104 subcontractor listing threshold, making the omissions material bid defects. Below is a breakdown of the unlisted scopes and their approximate values—each of which must be listed under California law:
a. Electrical – Approx. $20,000
• Exceeds the 0.5% threshold
November 27, 2025

Page 2 ends

• For electrical work C-10 license is required and Galaxy doesn’t have a valid C-10 license
• No electrical subcontractor was listed.
b. Roof repair – Approx. $10,000
• Exceeds the 0.5% threshold.
• No roofing subcontractor was listed.
c. Air balancing– Approx. $7,500
• Exceeds the 0.5% threshold.
• For air balancing work C-61 /D62 license is required and Galaxy doesn’t have a valid C-61 /D62 license
• No air Balancing subcontractor was listed.
d. Crane rental and operator– Approx. $20,000
• Exceeds the 0.5% threshold.
• No crane rental and operator subcontractor was listed. e. Structural steel– Approx. $30,000
• Exceeds the 0.5% threshold.
• No structural steel subcontractor was listed.

Galaxy only holds the B and C-20 licenses. Please see the below screenshot from Contractors State License Board’s website.

November 27, 2025

Page 3 ends

Because of these omissions, Galaxy’s bid is non-responsive.

First, the District does not have discretion to violate Public Contract Code Section 20111.6.

Where, as here, a statute “clearly defines the specific duties or course of conduct that a governing body must take, that course of conduct becomes mandatory and eliminates any element of discretion.” Great Western Sav. & Loan Ass’n v. Los Angeles, 31 Cal. App. 3d 426 (1973). Action that “transgresses the confines of the applicable principles of law is outside the scope of discretion and we call such action an ‘abuse’ of discretion.” Horsford v. Bd. of Trustees of Cal. State Univ., 132 Cal. App. 4th 359, 393 (2005).

Second, “it is a long and well-established rule that where contracts are required to be let upon public bidding, the proposals and specifications inviting such bids must be sufficiently detailed, definite and precise so as to provide a basis for full and competitive bidding upon a common standard.” Baldwin Lima Hamilton Corp. v. Superior Court, 208 Cal. App. 2d 803, 810 (1962); Ertle v. Leary, 114 Cal. 238 (1896). Waiving the requirement that a bidder must submit a complete and accurate proposal would effectively create different standards for different bidders.

Third, waiving requirements after bids were opened would be illegal, and any contract awarded to Galaxy would be void. See Eel River Disposal & Resource Recovery, Inc., 221 Cal.

App. 4th 209, 238 (2013) [a contract must be “set aside where specifications are changed after the bidding”]
Fourth, Public Contract Code Section 4104.5 prohibits changes in bidding requirements unless those changes are made at least 72 hours in advance of when bids are opened. Pub. Contract Code § 4104.5. The District does not have discretion to disregard the requirements of Section 4014.5. Great Western Savings & Loan Ass'n v. Los Angeles, 31 Cal. App. 3d 403, 1413 (1973) [“[W]here a statute or ordinance clearly defines the specific duties or course of conduct that a governing body must take, that course of conduct becomes mandatory and eliminates any element of discretion.”].

Fifth, in awarding contracts, the District is required to comply with its own bidding specifications and ordinances. The District can be compelled by writ of mandate to reject nonresponsive bids. Pozar v. Dep’t of Transp., 145 Cal. App. 3d 269 (1983) Finaly, “Waiving bidding requirements to allow a noncompliant bid to be considered introduces an improper and unfair element of subjectivity into the bidding process.” City of Inglewood–Los Angeles County Civic Center Authority v. Superior Court (1972) 7 Cal.3d 861, 867. Allowing Galaxy to remain under consideration—despite material defects— would undermine the competitive bidding process and violate state law.

Consequences of an Award to Galaxy
The award of the project to a bidder other than S&H, which submitted the lowest responsive bid, would be illegal and void. Valley Crest Landscape, Inc. v. Davis, 41 Cal. App. 4th 1432 (1996); Monterey Mechanical v. Sacramento Regional County Sanitation District, 44 Cal. App. 4th 1391 (1996).

Page 4 ends

an agreement made without authority of law.” A concerned taxpayer, as well as S&H, may bring an action to enjoin payments on a contract awarded to another bidder and to require the disgorgement of such payments. Rubino v. Lolli, 10 Cal. App. 3d 1059 (1970); Miller v.

McKinnon, 20 Cal. 2d 83 (1942).

Conclusion and Requested Action
For the reasons set forth above, S&H respectfully requests that its protest be sustained and Galaxy’s bid should be rejected as nonresponsive and that the contract for this project be awarded to S&H, which submitted the lowest responsive bid. S&H urges the City to uphold the integrity of the competitive-bidding process by enforcing the specifications and Public Contract Code requirements as written.

Thank you for your consideration. We remain available to provide any additional information the City may require and we look forward to a successful project with the City.

Sincerely,
Harmeet Anand
CEO
S&H Construction, Inc
cc: Galaxy Construction Services, Inc
[email protected]
GALAXY CONSTRUCTION SERVICES INC.

BY EMAIL
Mr. Gustavo Perez
Mr. Tim Au
3330 Vincent road, Suite "D"
Pleasant Hill, CA 94523
PHONE: (415) 756-0950
FAX: (925) 265-6879
CA License #791356
Email: [email protected]
RE: Response to Protest from S&H Construction, Inc. on Project 1289 Air Handler Unit 2 lleplacement at Silliman Waterpark
S&H Construction, Inc. has no basis for protest, as they misinterpreted the meaning/content of the base bid items, such as roof repair, crane rental, and operator. As can be seen from the attached unit price table: "Each item includes delivery, installation, and tax on each line item, so the total bid amount includes all materials, equipment, labor/installation, delivery, and tax." General Contractor overhead and profit, labor burden and unforeseen expenses are included proportionally in each basic bid line item and amount to approximately 34%.
a.Roof repair - a base price of $3,000 minus $1,020 (34%} equals $1,980, which is below the 0.5% subcontractor threshold.
b. Crane and operator rental at a base rate of $7,000 minus $2,380 (34%} equals $4,620, which includes a $2,300 breakdown for transportation and hauling equipment provided by O'Neal HVAC Recycling and $2,320 for crane operation by Maxim Crane, which is below the 0.5% subcontractor threshold.

S&H Construction, Inc misinterpreted and mispriced the crane work, which, according to the proposal, is performed twice on Saturdays at a 1.5x price increase (according to the contract documents, the work is to be performed during normal business hours). The crane boom outreach has been increased from the standard 55 feet to 120 feet, resulting in increased crane tonnage (hourly rate) and time (hook installation is required). The reason for this price increase Is interference with the solar panels on the roof. According to the response to recent requests for information: - " The solar carport must not interfere with the crane preparation area."
Galaxy Construction Services, Inc. has once again violated no laws, and the contract for this project should be awarded to us.

Thank you for your feedback and consideration.

Please contact us if you require additional information.

We look forward to a successful project with the City of Newark.

Sincerely,
Alex Knop
President
Galaxy Construction Services, Inc.

CC: S&H Construction, Inc.

•
GALAXY CONSTRUCTION SERVICES INC.
3330 Vincent road, Suite "D"
Pleasant Hill, CA 94523
PHONE:(415)756-0950
FAX: {925)262-9154
CA License #791356
Email: [email protected]
November 28, 2025

VIA EMAIL
Mr. Gustavo Perez
Ms. Helen Gordon
City of Newark
RE: Response to protest from S&H Construction, Inc on Project 1289 Replacement of air handler 2 at Silliman Aquatic Center S&H Construction, Inc has no basis for protest.

Please see the attached list of subcontractors provided as a part of our bid proposal.

As can be seen below, Galaxy Services holding, B, C-10, C-20 is listed as our electrical and ,nechanical subcontractor.
• Contracto�s Li
cense Deta l for License # 1076868
This license is current and active.

All information below should be reviewed.

GALAXY SERVICES
dba GALAXY HEATING &AIR CONDITIONING
3301 VINCENT RD
PLEASANT HILL, CA 94523
Business Phone Number:(925) 233-7378
Entity Corporation
Issue Date 06/14/2021
Expire Date 06/30/2027
License Status
Cassifications
C.20 . : WA.RM-AI R H EAT f'!G. I ,.,V!;NII !,.f.\IING. . .AN.P.. .. f.\.!.R.:C.QN.D. I.I.QNN .. G.

ClO-ELECTRCAJ.

12.: .. GIJ�.ERA!,. BUILDING
-As can be seen below MTB holding C-61,62,63, C-20 is listed as our balancing subcontractor.

BUILDER & CONTRACTOR, LISCENCE NO. 786358
5560 BOSCELL COMMON, FREMONT CA 94538
PH.(510)510-579-7382 FAX(510)280-6087 E-mail: [email protected] December 1, 2025

VIA EMAIL
Mr. Gustavo Perez
City of Newark
37101 Newark Boulevard
Newark, California
Re: City of Newark
Replacement of air handler II at Silliman Aquatic Center, Project 1289 Bid Protest of Nonresponsive Bid of Galaxy Construction Services, Inc Dear Member of the Board,
Pursuant to Sub section 2-1.04 of Section 2 of Specifications, this letter is a revised protest by S&H Construction, Inc. (“S&H”) of the proposal submitted by Galaxy Construction Services, Inc. (“Galaxy”) for the above-referenced Project.

Galaxy’s proposal should be rejected for the reasons stated below. S&H submitted the lowest responsive bid from a responsible contractor.

Persons Representing the Protesting Party
Harmeet Anand
S&H Construction, Inc.

CEO
5560 Boscell Common
Fremont, CA 94538.

Galaxy’s bid contains multiple omissions and failures to list properly licensed and qualified subcontractors. Importantly, each of the scopes omitted by Galaxy exceeds the 0.5% PCC §4104 subcontractor listing threshold, making the omissions material bid defects. Below is a breakdown of the unlisted scopes and their approximate values—each of which must be listed under California law:
a. Roof repair – In Base bid breakdown, Galaxy put roof repair amount $3,000 which exceeds the 0.5% threshold. And Galaxy didn’t list any roofing subcontractor.

December 1, 2025

Page 2 ends

b. Crane rental and operator– In Base bid breakdown, Galaxy put crane rental and operator amount $7,000 which exceeds the 0.5% threshold. And Galaxy didn’t list any subcontractor for that.

The air handling unit we need to install on this project is 293” L x 136” W x 124” H and is approximately 14,000 lb and during the bid walk we were told that we have to install this unit from south side due to solar roof panels in the way, which is much farther away. And that crane work is definitely more than $2,340 or 0.5% threshold. Please see attached bid for crane rental and operation, S&H received for this project and description of work.

Because of these omissions, Galaxy’s bid is non-responsive.

First, the District does not have discretion to violate Public Contract Code Section 20111.6.

Third, waiving requirements after bids were opened would be illegal, and any contract awarded to Galaxy would be void. See Eel River Disposal & Resource Recovery, Inc., 221 Cal.

Page 3 ends

867. Allowing Galaxy to remain under consideration—despite material defects— would undermine the competitive bidding process and violate state law.

Payment of any funds to Galaxy would violate the California Constitution. Section 10 of Article XI of the Constitution provides that “a local government body may not ... pay a claim under an agreement made without authority of law.” A concerned taxpayer, as well as S&H, may bring an action to enjoin payments on a contract awarded to another bidder and to require the disgorgement of such payments. Rubino v. Lolli, 10 Cal. App. 3d 1059 (1970); Miller v.

McKinnon, 20 Cal. 2d 83 (1942).

Thank you for your consideration. We remain available to provide any additional information the City may require and we look forward to a successful project with the City.

Sincerely,
Harmeet Anand
CEO
S&H Construction, Inc
cc: Galaxy Construction Services, Inc
[email protected]

510.578.4806 [email protected] www.newark.org
facebook.com/cityofnewarkca
City of Newark
Public Works Department - Maintenance
37440 Filbert Street
Newark, CA 94560
January 15, 2026
Via e-mail: [email protected]
American Mechanical, Inc.
1275 Boulevard Way
Walnut Creek, CA 94595
Dear American Mechanical:

The City of Newark greatly appreciates your bid submission for Project 1289, Air Handler II at Silliman Aquatic Center.

After reviewing the procurement process, the City identified a failure to adhere to the mandatory requirements of the Cost Accounting Policies and Procedures Manual. Specifically, noncompliance occurred regarding the required procedures for issuing invitations to Plan Houses.

As a result, we are recommending that the City Council reject all bids at its upcoming regular meeting on February 12, 2026.

We are committed to completing this essential project and anticipate correcting the procedural error and re-issuing the solicitation for Project 1289 within the next 60 days. Details regarding the new timeline and submission requirements will be published in accordance with our standard procedures.

We appreciate the time and effort it took to submit the bid, and we look forward to receiving your new bid.

Respectfully,
Tonya Connolly
Maintenance Superintendent
(TCR1)
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK REJECTING ALL BIDS FOR CIP PROJECT NO. 1289
– AIR HANDLER II AT THE SILLIMAN AQUATIC CENTER
WHEREAS, the City of Newark issued a Notice Inviting Bids for the Air Handler II at Silliman Center, CIP Project No. 1289, to Furnish all materials, equipment, labor, and associated services necessary to complete the project, as outlined below:
 Provide and install one (1) Innovent Model NDHU-OU-PL-16900-IF-IV-460 air handling unit, to be sourced through Trane.
 Submit as-built drawings and obtain all required permits from the City of Newark.  Engage a licensed mechanical engineer to perform a seismic review of unistrut and supports.
 Perform necessary roof repairs related to the installation.  Conduct full system air balancing.
 Coordinate delivery and crane installation.

WHEREAS, on November 4, 2025, bid documents for the Air Handler II at Silliman Center, CIP Project No. 1289, were released and advertised for bid. Four (4) bids were received and opened on November 25, 2025, as noted in Exhibit A, Bid Summary; and WHEREAS, following the bid opening, the City received a bid protest from S&H Construction regarding the responsiveness of the apparent low bid, which was reviewed by staff as part of the City’s standard procurement evaluation process; and WHEREAS, during this review, staff also evaluated the procurement procedures used for the project and identified an opportunity to clarify certain aspects of the bid process to ensure alignment with the City’s Cost Accounting Policies and Procedures Manual; and WHEREAS, re-advertising the project will allow staff to refine the bid documents and confirm that the solicitation process is clear and consistent for all potential bidders; and WHEREAS, California Public Contract Code Section 20166 authorizes the City to reject any or all bids; and
WHEREAS, staff recommends rejecting the bids received and re-advertising the project following revisions to the bid documents to ensure a clear and competitive bidding process.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby rejects all bids received for CIP Project No. 1289 – Air Handler II at the Silliman Aquatic Center.

Item D. 4.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt of a resolution authorizing the City Manager to execute a three-year renewal of the Esri Small Government Enterprise Agreement (SGEA) and approving a budget amendment for Fiscal Year 2025–26
SUMMARY AND RECOMMENDATION
The City relies on Esri’s Geographic Information Systems (GIS) platform to support enterprise-wide mapping, spatial analysis, data visualization, and operational decision-making across multiple departments. The current Small Government Enterprise Agreement (SGEA) is expiring, and staff seeks to renew the agreement to ensure continuity of GIS services, software licensing, maintenance, updates, and technical support. Esri is the sole provider of this enterprise licensing program for municipal governments.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a three-year renewal of the Esri Small Government Enterprise Agreement for the period March 30, 2026 through March 29, 2029, in a total amount not to exceed $126,600, and approve a budget amendment to appropriate approximately $42,200 for the first year of the agreement. Subsequent years will be incorporated into future operating budgets subject to annual appropriations.

BACKGROUND
The City’s Information Systems Strategic Framework includes implementation of a GIS Master Plan and expansion of department-centric GIS and self-service mapping solutions. GIS supports core operations across departments including Public Works, Community Development, Police, Recreation and Community Services, and City Administration.

In March 2023, the City Council approved execution of an Esri Small Municipal and County Government Enterprise Agreement (SGEA) and related services to support citywide GIS implementation. Esri has been identified as the industry leader in GIS software and is the sole source provider of Small Municipal and County Government Enterprise Agreements.

The current agreement is expiring, and renewal is necessary to maintain uninterrupted access to the City’s GIS platform.

DISCUSSION/ANALYSIS
The Esri Small Government Enterprise Agreement (SGEA) provides:

Uncapped access to ArcGIS Enterprise software
ArcGIS Online user types and extensions
Service credits for cloud-based GIS services
Software maintenance, updates, and technical support
Limited training and user conference benefits
The enterprise agreement model provides cost predictability, scalability, and operational efficiency compared to managing individual licenses. It allows the City to expand GIS access across departments without incurring separate per-license procurement processes.

GIS technology is embedded in many City operations, including infrastructure asset management, capital project planning, permitting, emergency response mapping, public transparency dashboards, and internal operational analytics. Continued access to Esri’s enterprise platform ensures business continuity and protects the City’s prior investment in GIS infrastructure and implementation.

As documented in Esri's sole source justification letter dated March 2, 2023, which is attached to this staff report, the Small Municipal and County Government Enterprise Agreement is a sole-source product offering, and Esri is the only entity authorized to provide the licensing, right-to-copy privileges, maintenance, and updates under this program. Therefore, competitive bidding is not applicable.

FISCAL IMPACT
The total cost of the three-year renewal is $126,600, consisting of annual payments of approximately $42,200 for the period March 30, 2026 through March 29, 2029.

A budget amendment to the 2024–2026 Biennial Budget is required to appropriate $42,200 from the General Fund balance to IT Software/Licenses (Account 110.21.021.200.6150) to fund the first year of the agreement.

Funding for Years 2 and 3 will be incorporated into future operating budgets subject to annual appropriations.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared by - Edwin J. Miranda, CIO/Information Technology Director Prepared by - Edwin J. Miranda, CIO/Information Technology Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Esri SGEA Agreement
Esri SGEA Agreement
Sole Source Justification - Esri
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY TO EXECUTE A THREEYEAR SMALL GOVERNMENT ENTERPRISE AGREEMENT

WITH ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE, INC. (ESRI) AND AMEND THE 2024-2026

BIENNIAL BUDGET
WHEREAS, the City Council previously adopted the Information Systems Strategic Framework, which includes implementation of a GIS Master Plan and expanded departmentcentric GIS capabilities; and WHEREAS, Geographic Information Systems (GIS) technology supports essential City operations including infrastructure management, permitting, planning, public safety, emergency response, and public transparency; and
WHEREAS, Environmental Systems Research Institute, Inc. (Esri) is recognized as the global leader in GIS software and location intelligence; and WHEREAS, Esri is the sole source provider of the Small Municipal and County Government Enterprise Agreement (SGEA), which provides uncapped quantities of ArcGIS software licenses, maintenance, updates, and technical support applicable to multiple operational and technical areas within the City; and
WHEREAS, the current SGEA is expiring, and renewal is necessary to ensure continuity of GIS services and enterprise licensing; and
WHEREAS, the total cost of the three-year renewal agreement for the period March 30, 2026 through March 29, 2029 is $126,600, consisting of annual payments of approximately $42,200 per year; and
WHEREAS, a budget amendment is required to appropriate approximately $42,200 in Fiscal Year 2025–26 to fund the first year of the agreement, with remaining years to be incorporated into future operating budgets subject to annual appropriations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the City Manager to execute a three-year Small Government Enterprise Agreement with Environmental Systems Research Institute, Inc. (Esri) in a total amount not to exceed $126,600.

BE IT FURTHER RESOLVED that t the City Council approves a budget amendment to appropriate $42,200 to fund the first year of the agreement in Fiscal Year 2025–26 as follows:

TO: 110.21.021.200.6150 IT SOFTWARE/LICENSES $42,200
FR: 110.3000 UNAPPROPRIATED FUND BALANCE $42,200
Quotation # Q-566634
Date: February 6, 2026
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 151923 Contract # ENTERPRISE

AGREEMENT
City of Newark
Infomation Technology Department
37101 Newark Blvd
Newark, CA 94560-3727
To expedite your order, please attach a copy of ATTENTION: Angela Montez this quotation to your purchase order. PHONE: (510) 578-4421 Quote is valid from: 1/29/2026 To: 4/29/2026 EMAIL: [email protected] Material Qty Term Unit Price Total
193205 1 Year 1 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 2 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription 193205 1 Year 3 $42,200.00 $42,200.00
Populations of 25,001 to 50,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $126,600.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $126,600.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Michael Arias
Email:
[email protected]
Phone:
(909) 793-2853
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

ARIASM This offer is limited to the terms and conditions incorporated and attached herein.

Quotation # Q-566634
Date: February 6, 2026
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 151923 Contract # ENTERPRISE

AGREEMENT
City of Newark
Infomation Technology Department
37101 Newark Blvd
Newark, CA 94560-3727
To expedite your order, please attach a copy of ATTENTION: Angela Montez this quotation to your purchase order. PHONE: (510) 578-4421 Quote is valid from: 1/29/2026 To: 4/29/2026 EMAIL: [email protected] _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).

Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

ARIASM This offer is limited to the terms and conditions incorporated and attached herein.

Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)
This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”).

This Agreement sets forth the terms for Customer’s use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer
ArcGIS Enterprise Additional Capability Servers
ArcGIS Image Server
ArcGIS Online User Types
ArcGIS Online Viewer User Type
ArcGIS Enterprise User Types
ArcGIS Enterprise Viewer User Type
Capped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 20 ArcGIS Enterprise Contributor User Type 20 ArcGIS Online Mobile Worker User Type 125 ArcGIS Enterprise Mobile Worker User Type 125 ArcGIS Online Creator User Type 125 ArcGIS Enterprise Creator User Type 125 ArcGIS Online Professional User Type 30 ArcGIS Enterprise Professional User Type 30 ArcGIS Online Professional Plus User Type 30 ArcGIS Enterprise Professional Plus User Type 30 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
30 each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
30 each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other ArcGIS Location Sharing for ArcGIS Online 30 ArcGIS Location Sharing for ArcGIS Enterprise 30 ArcGIS Online Service Credits 75,000 ArcGIS Advanced Editing User Type Extension for ArcGIS Enterprise 20
Other Benefits
Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement (“Ordering Document”). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER’S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri’s receipt of an Ordering Document, unless otherwise agreed to by the parties (“Effective Date”).

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
“Case” means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
“Deploy”, “Deployed” and “Deployment” mean to
redistribute and install the Products and related
Authorization Codes within Customer’s
organization(s).
“Fee” means the fee set forth in the Quotation.
“Maintenance” means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
“Master Agreement” means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
“Product(s)” means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
“Quotation” means the offer letter and quotation
provided separately to Customer.
“Technical Support” means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
“Tier 1 Help Desk” means Customer’s point of
contact(s) to provide all Tier 1 Support within
Customer’s organization(s).
“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.
“Tier 2 Support” means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer’s consultants or
contractors to use the Products exclusively for
Customer’s benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer’s benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body’s approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer’s use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri’s sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer’s authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer’s
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri’s OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners’ business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners’ application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer’s access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri’s federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer’s centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer’s acquisition of another entity; or (iii) a transfer or sale of all or part of Customer’s
organization (subsections i, ii, and iii, collectively
referred to as “Ownership Change”). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer’s organization, that
portion of Customer’s organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

SOLE SOURCE LETTER
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373
J-8933-SGE/JR March 2, 2023
Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL [email protected] • WEB www.esri.com DATE: March 2, 2023
TO: City of Newark
FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept.

RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement
This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy.

Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software.

If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990.

DocuSign Envelope ID: F43E1B0A-D25D-4E3A-9520-7450950EB015 Item D. 5.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution authorizing the City Manager to approve a purchase order with GovConnection, Inc. in an amount not to exceed $470,000 and amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26 and FY 2026-27 to fund the purchase of replacement computers
SUMMARY AND RECOMMENDATION
As part of the City’s ongoing technology lifecycle management program, staff proposes replacing end-of-life computer hardware to maintain performance, security, and operational reliability. Regular replacement of aging equipment reduces support costs, minimizes downtime, and supports efficient service delivery.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to approve a purchase order with GovConnection, Inc. in an amount not to exceed $470,000 and amend the 2024–2026 Biennial Budget and Capital Improvement Plan for Fiscal Years 2025–26 and 2026–27 to fund the planned replacement of computer equipment.

BACKGROUND
The City maintains a structured replacement schedule for computing equipment to ensure compliance with security standards, software requirements, and operational needs. Hardware reaching end-of-life no longer receives manufacturer support and presents increased risk of failure. In determining the replacement schedule, the City's Information Technology Department references the City's Technology Master Plan presented to City Council on April 25, 2024 and recommended best practices and municipality benchmarks on computer equipment replacement schedules. Staff also considers the use and performance of each computer as it comes due for replacement.

DISCUSSION/ANALYSIS
The City maintains a structured technology lifecycle replacement program to ensure computing equipment remains secure, reliable, and capable of supporting municipal operations. Industry best practices recommend replacement of desktop and laptop computers every four to five years in order to maintain warranty coverage, ensure cybersecurity compliance, and sustain optimal system performance. Equipment beyond this lifecycle typically experiences increased failure rates, slower processing speeds, compatibility limitations with updated software, and higher maintenance demands.

Information Technology staff conducted a comprehensive inventory and lifecycle assessment of City computing assets. Based on this review, 159 desktop and laptop computers are projected to reach end-of-life status during Fiscal Years 2025-26 and 2026-27. These units either exceed the City’s replacement threshold, are approaching warranty expiration, or demonstrate diminished performance that impacts operational efficiency. Proactively replacing these devices reduces unplanned downtime, avoids emergency purchases at premium pricing, maintains cybersecurity standards, and ensures continued support for essential public services.

This request consolidates two fiscal years of anticipated replacements into a single procurement. Current hardware market conditions support this approach. Over the past year, pricing for business-class computers has been affected by global supply chain constraints, including storage (hard disk) and memory component shortages and increased semiconductor demand driven by artificial intelligence technologies.

Manufacturers are allocating production capacity to AI-related components, contributing to constrained supply and upward pricing pressure for traditional computing equipment.

Industry forecasts indicate continued volatility and potential price escalation. By purchasing the projected two-year replacement inventory now, the City reduces exposure to anticipated cost increases, secures product availability within reliable delivery timelines, and minimizes the administrative costs associated with conducting multiple procurements.

The proposed purchase will be made through a competitively solicited cooperative purchasing contract, consistent with the City’s purchasing requirements. Cooperative purchasing allows the City to leverage volume-based pricing and pre-negotiated terms while ensuring compliance with the City's procurement standards.

To ensure best value, staff conducted market research and solicited quotations from multiple manufacturers meeting the City’s technical specifications. The Lenovo solution totaled approximately $470,000. Hewlett Packard’s proposed solution totaled approximately $512,000 for comparable equipment and configuration. Dell, a previous provider, did not respond to multiple requests for quotation and therefore was not considered further. The Lenovo proposal represents an approximate cost savings of $42,000, or roughly eight percent, compared to the Hewlett Packard solution.

Staff conducted testing of demonstration units to verify compatibility with the City’s network environment, software requirements, security standards, and performance expectations. Based on the evaluation process and quotation review, Lenovo is determined to be the lowest responsive and responsible vendor pursuant to applicable purchasing requirements. The proposed not-to-exceed amount of $470,000 reflects the total cost of the identified replacement units, associated configuration, and reasonable contingency for minor adjustments.

This investment supports the City’s long-term asset management strategy, maintains operational efficiency, protects cybersecurity posture, and demonstrates prudent fiscal planning by proactively addressing lifecycle replacements in a volatile hardware market.

Proactive lifecycle replacement reduces operational risk exposure and avoids deferred capital costs that can compound in future fiscal years.

FISCAL IMPACT
The Lenovo proposal totals $464,244.87 plus shipping, and staff recommends a not-to-exceed amount of $470,000 to cover equipment, configuration, taxes, shipping, and minor cost variances. A budget amendment is required to appropriate $470,000 from the Equipment Replacement Reserve Fund 104 and transfer the funds to the Technology Equipment Replacement Fund 702.87.702.800.8051 for Fiscal Year 2025-26 and FY 2026-27.

The current fund balance in Fund 104 is approximately $6.2 million. Following this transfer, the remaining balance will be approximately $5.73 million.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Edwin J. Miranda, CIO/Information Technology Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Computer and Related Equipment Replacement Quote-Lenovo
Quote-Hewlett Packard
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY TO EXECUTE A
PURCHASE ORDER WITH GOVCONNECTION, INC. IN AN
AMOUNT NOT TO EXCEED $470,000 FOR THE PURCHASE

OF REPLACEMENT COMPUTERS AND RELATED
EQUIPMENT AND AMEND THE 2024-2026 BIENNIAL

BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, the City recognizes the necessity of maintaining up-to-date technology for efficient city operations; and
WHEREAS, certain computers and related equipment have reached the end of their support lifecycle, necessitating replacement to ensure continued functionality and security; and WHEREAS, an assessment conducted by staff identified necessary features to maintain upto-date technology and enhance service delivery; and WHEREAS, some current computers are experiencing increased failure rates, affecting productivity and potentially leading to service disruptions; and WHEREAS, GovConnection, Inc., as an authorized reseller of Lenovo equipment, was selected as the lowest responsive and responsible vendor based on competitive pricing obtained through a competitively solicited cooperative purchasing agreement; and WHEREAS, the total not-to-exceed cost for the replacement computers and related equipment is $470,000; and
WHEREAS, funding for this purchase will be appropriated from the Equipment Replacement Reserve Fund (Fund 104) and transferred to the Technology Equipment Replacement Fund (702.87.702.800.8051) consistent with the City’s adopted lifecycle replacement funding structure; and
WHEREAS, the current fund balance in Fund 104 is approximately $6.2 million, and the proposed transfer of $470,000 will reduce the balance to approximately $5.73 million.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the City Manager to execute a purchase order with GovConnection, Inc. in an amount not to exceed $470,000 for the purchase of computers and related equipment.

BE IT FURTHER RESOLVED that the City Council approves a budget amendment to appropriate $470,000 from the Equipment Replacement Reserve Fund (Fund 104) and transfer those funds to the Technology Equipment Replacement Fund (702.87.702.800.8051) for Fiscal Years 2025-26 and 2026-27, as detailed below:

TO: 702.87.702.800.8051 TECHNOLOGY EQUIPMENT REPLACEMENT $470,000 FR: 104.3000 EQUIPMENT REPLACEMENT RESERVE $470,000
Account Executive: Di De Stefano
Phone:

Fax:

Email: [email protected] Date: 2/19/2026
Valid Through: 2/26/2026
Account #: S08819
Customer Contact: Angela Montez Phone: (510) 578-4421
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA PRODUCT
WEIGHT TERMS CONTRACT ID#
Destination Heavy Weight Ground 602.50 lbs Net 30
* Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 56 Fee: 15 CA CEW Recycling Fee (SB 50) $ 5.00 $ 280.00 1 56 42099331 21NTS7HH00 THINKPAD X1 CARBON G13, INTEL
-
Lenovo Custom
Systems $ 1,809.00 $ 101,304.00
2 56 41707163 5WS1M88185
5-Year Premier Support Plus upgrade
from 3-Year Onsite
-
Lenovo Think
Plus - ThinkPad
Protection/Service
s
$ 616.00 $ 34,496.00
3 35 42099338 21QWS38100 THINKPAD P16S G4, INTEL CORE U -
Lenovo Custom
Systems $ 3,487.00 $ 122,045.00
3 35 Fee: 15 CA CEW Recycling Fee (SB 50) $ 5.00 $ 175.00 4 35 41707178 5WS1M88177
5Y Premier Support Plus
upgrade from 3Y Onsite
-
Lenovo Think
Plus - ThinkPad
Protection/Service
s
$ 555.00 $ 19,425.00
5 64 42110509 13A5S6NX00 CUST.DT TC M70q G6 U7 CON Lenovo Custom Systems $ 1,527.00 $ 97,728.00
6 64 41607031 5WS1L39056
5Y Premier Support Plus
upgrade from 3Y Onsite
-
Lenovo Think
Plus - ThinkPad
Protection/Service
s
$ 225.00 $ 14,400.00
7 4 42099380 30J6S3E400 THINKSTATION P3 ULTRA SFF G2, Lenovo Custom Systems $ 3,085.00 $ 12,340.00
8 4 41607132 5WS1L39430
5Y Premier Support Plus
upgrade from 3Y Onsite
-
Lenovo Think
Plus - ThinkPad
Protection/Service
s
$ 230.00 $ 920.00
9 159 37412842 5MS0R49023
Microsoft Autopilot PKID Registration,
Remote Configuration
-
Lenovo Features
and Options $ 12.00 $ 1,908.00
10 91 42036065 40BC0135US
ThinkPad USB4 Smart Dock 5500, w /
135W Adapter
-
Lenovo Features
and Options $ 232.00 $ 21,112.00
Subtotal $ 426,133.00
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax $ 38,111.87
Total $ 464,244.87
City of Newark
Newark, CA 94560-3796
37101 Newark Blvd Fl 1
QUOTE PROVIDED TO: SHIP TO:

AB#: 22034734 AB#: 22034736
City of Newark

ANGELA MONTEZ ANGELA MONTEZ
37101 Newark Blvd
Fl 1 Newark, CA 94560-3796

SALES QUOTE
GovConnection, Inc. # 25858714.01
732 Milford Road PLEASE REFER TO THE ABOVE
Merrimack, NH 03054 QUOTE # WHEN ORDERING
US
US
(510) 578-4421 (510) 578-4421
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: https://www.govconnection.com/content/about/legal/terms-andconditions-sale, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

Page 1 of 2 ends

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already prenegotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order. Prices are subject to change without notice.

Connection works with many Original Equipment Manufacturers (OEM’s) and cannot control when their prices are updated. We reserve the right to change the price in accordance with OEM price changes.

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374

Page 2 of 2 ends

Account Executive: Di De Stefano
Phone:

Fax:

Email: [email protected] Date: 2/19/2026
Valid Through: 2/26/2026
Account #: S08819
Customer Contact: Angela Montez Phone: (510) 578-4421
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA PRODUCT
WEIGHT TERMS CONTRACT ID#
Destination Heavy Weight Ground 774.00 lbs Net 30 CONTRACT 240025 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 64 42107810 D7SW2US#ABA Cust. CN EliteDesk8MiniG1aAI
-
HPI Desktops
Simple CTO $ 1,867.00 $ 119,488.00
2 64 42078894 UJ0F6E
5 Year Onsite w / DMR Desktop
Support
-
HPI PSG-Services $ 95.50 $ 6,112.00
3 56 Fee: 14 State Environmental Fee $ 4.00 $ 224.00
3 56 42107811 D7SW6US#ABA Cust. CN EBXG1i14AI U7 14 32GB -
HPI Notebooks
Simple CTO $ 2,535.00 $ 141,960.00
4 56 41979260 U80MXE 5 Year Onsite DMR NB Supp,HP El
-
HPI PSG-Services $ 404.00 $ 22,624.00
5 35 Fee: 15 State Environmental Fee $ 5.00 $ 175.00
5 35 42107812 D7SX0US#ABA Cust. CN ZBXG1i16 U7 16 64GB
-
HPI MWK Simple
CTO $ 3,760.00 $ 131,600.00
6 35 41790240 U85RGE
5 Year Premium Onsite w / ADP / DMR
Mobile Workstation
-
HPI PSG-Services $ 735.00 $ 25,725.00
7 4 42107813 D7SX2US#ABA Cust. CN Z2 SFF G1iU7 64GB / 1TB -

HPI DT WK
Simple CTO $ 4,655.00 $ 18,620.00
8 4 42108270 UJ0N7E HPI 5y Onsite w / DMR Low End Wo
-
HPI PSG-Services $ 152.00 $ 608.00
Subtotal $ 467,136.00
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax $ 44,254.31
Total $ 511,390.31
City of Newark
Newark, CA 94560-3796
37101 Newark Blvd Fl 1
QUOTE PROVIDED TO: SHIP TO:

AB#: 22034734 AB#: 22034736
City of Newark

ANGELA MONTEZ ANGELA MONTEZ
37101 Newark Blvd
Fl 1 Newark, CA 94560-3796

SALES QUOTE
GovConnection, Inc. # 25854895.01
732 Milford Road PLEASE REFER TO THE ABOVE QUOTE #
Merrimack, NH 03054 WHEN ORDERING
US
US
(510) 578-4421 (510) 578-4421
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our AXIA Contract # 240025. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

Page 1 of 2 ends

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
AXIA
AXIA Contract # 240025
Contract Expiration: 1/2/2025
Please contact your account manager with questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

PO Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
Delivery Time: 1-30 DAYS ARO
FEIN: 52-1837891
DUNS Number: 80-967-8782
Cage Code: OGTJ3
Business Size: LARGE
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our AXIA Contract # 240025. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order. Prices are subject to change without notice. Connection works with many Original Equipment Manufacturers (OEM’s) and cannot control when their prices are updated. We reserve the right to change the price in accordance with OEM price changes.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one: https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Notice on Tariff Tax Impacts: Please be aware that the pricing shown in this quote is potentially subject to change at time of order placement due Federal Government tax law changes resulting in increases in Tariff’s assessed on imports and exports, which are outside our control and the control of our suppliers. Please confirm pricing with your Account Manager prior to order placement.

We apologize for this inconvenience.

Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374

Page 2 of 2 ends

Item D. 6.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Tim Au, Associate Civil Engineer
SUBJECT Adopt a resolution approving plans and specifications; and award a construction contract to Adams Pool Solutions to replaster the Lazy River Pool at the Silliman Aquatics Center in the amount of $209,245 with an additional 25% construction contingency SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the project plans and specifications and award a construction contract to Adams Pool Solutions in the amount of $209,245 with a construction contingency of 25% and approve a total project authorization not to exceed $261,556.25.

The Project proposes to remove all pool surface finishes down to bare concrete, including plaster, tile, propulsion jets, drain cover inlets, and skimmers, for the Lazy River at the Silliman Aquatics Center. The surface is then prepared to receive new plaster, finishes, and equipment. Construction is anticipated to take place during the months of April and May 2026, before the busy summer season.

BACKGROUND
The Lazy River at the Silliman Aquatic Center was last replastered in 2017 and is at the end of its service cycle. This replastering maintenance project is required for the Lazy River to remain operational.

DISCUSSION/ANALYSIS
Public Works staff engaged with Aquatics Design Group, Inc who is the original pool designer for the construction of the Aquatics Center, to develop plans and specifications for this replastering project. On January 9, 2026, staff published solicitations for project construction bids. The bid opening was held on February 17, 2026 in the City's Council Chambers. Three bidders submitted bids. The lowest responsive and responsible bidder was Adams Pool Solutions with a base bid of $139,230. City staff also recommends using this opportunity to provide some improvements, which include accessibility compliance upgrades at the stairs, handrails, and travel path along with the installation of a new ultraviolet light system that prolongs the life of the new plaster and improves the water quality in the pool, which were included as bid alternates. Adams Pool Solutions submitted pricing of $70,015 for these bid alternates for a total combined base plus alternates costs of $209,245. The project schedule for the Aquatics Facilities is under a stringent timeline as members have been notified of the April and May closure and reopening dates. Summer Recreation programming is scheduled to resume at the beginning of June 2026. To help mitigate in the event of complications and unexpected costs in a timely manner and to avoid additional impacts, staff recommends a 25% construction contingency due to the unique shape and associated quantity of replaster and general uncertainty regarding additional work that may be needed for the Lazy River, bringing the total requested approval of $261,556.25.

The summary of the 3 bids received (excluding alternates) are as follows:

Adams Pool Solutions: $139,230
Western Water Features: $359,420
BuildCorp, Inc.: $369,000
Staff has reviewed the qualifications of Adams Pool Solutions and confirmed with the Designer of Record and Alameda County Public Health Department that the apparent low bidder is both qualified and experienced in public commercial pool projects in the County.

The repair and maintenance of existing facilities is categorically exempt under the California Environmental Quality Act (CEQA) section 15301 (Existing Facilities).

FISCAL IMPACT
The total requested project authorization is $261,556.25, which includes a construction contract in the amount of $209,245 and a 25% construction contingency.

Funding for this project is available within the approved Capital Improvement Program (610.90.094.940.6221) under Project 1114 for Silliman Activity Center Improvements Pool Replastering and Project 1325 for the Aquatic Center Ultraviolet Sanitation System. No additional appropriation is required.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared by - Tim Au, Associate Civil Engineer
Reviewed by - Miki Tsubota, City Engineer
Reviewed by - Tonya Connolly, Maintenance Superintendent Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Project Plans
Project Specifications
Resolution Awarding Contract
These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560 L I CENSED ARCH I TECT
STAT E OF CA L I FORN I A REN. 07/31/25 GREGORY S . FERRELL C-35802 2024.074 12/22/2025 COVER SHEET CS-1 These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560

L I CENSE
D
A

RCH I TECT
STAT E
OF
CA
L I FORN I A REN. 07/31/25

GREGORY
S . FERRELL C-35802 2024.074 12/22/2025 LAZY RIVER DEMOLITION PLANDP-1 4'-0"
4'-0"
These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560 L I CENSED ARCH I TECT
STAT E OF CA L I FORN I A REN. 07/31/25 GREGORY S . FERRELL C-35802 2024.074 12/22/2025 16'' LAZY RIVER LAYOUT PLAN LR-1 These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560 L I CENSED ARCH I TECT
STAT E OF CA L I FORN I A REN. 07/31/25 GREGORY S . FERRELL C-35802 2024.074 12/22/2025 LAZY RIVER SECTIONS LR-2 These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560

L I CENSE
D
A

RCH I TECT
STAT E
OF
CA
L I FORN I A REN. 07/31/25

GREGORY
S . FERRELL C-35802 2024.074 12/22/2025 WALL OR FLOOR INSTALLATION Floor- 816 GPM / Wall- 712 GPM SUBMERGED SUCTION OUTLET VGB 2008 ASME A112.19.8a-2008 FOR MULTIPLE DRAIN USE ONLY LIFE: 10 YEARS Lawson Aquatics #MLD-FGD or SG-1818- DANGER: HAZARDOUS SUCTION READ AND FOLLOW INSTRUCTIONS FOR PROPER INSTALLATION. FAILURE TO MAINTAIN CAN RESULT IN SEVERE INJURY OR DEATH. NSFR

FOR MULTIPLE DRAIN USE ONLY
800 GPM - SUBMERGED
LIFE: 10 YEARS WALL OR FLOOR INSTALLATION
LAWSON AQUATICS #MLD-FG-1818-WHITE

FOR MULTIPLE DRAIN USE ONLY
800 GPM - SUBMERGED
LIFE: 10 YEARS WALL OR FLOOR INSTALLATION
LAWSON AQUATICS #MLD-FG-1818-WHITE LAZY RIVER DETAILS LR-3 46'' 16'' 28'' 22'' 68''
93''
110'' 16'' MIN. WIDTH 13'' 47''
39''
23''
23'' 18'' MIN.
66''
12''
MIN. 19'' MAX.
17'' MIN.
26'' MAX.

These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560 L I CENSED ARCH I TECT
STAT E OF CA L I FORN I A REN. 07/31/25 GREGORY S . FERRELL C-35802 2024.074 12/22/2025 LAZY RIVER DETAILS LR-4 MECHANICAL ROOM PLAN MR-1 These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Any discrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560

L I CENSE
D
A

RCH I TECT
STAT E
OF
CA
L I FORN I A REN. 07/31/25

GREGORY
S . FERRELL C-35802 2024.074 12/22/2025
These drawings and specifications are the property and copyright of Aquatic Design Group, Inc. and shall not be used on any other work except by agreement with Aquatic Design Group, Inc. Written dimensions shall take preference over scaled dimensions and shall be verified on the job site. Anydiscrepancy shall be brought to the notice of Aquatic Design Group, Inc. prior to the commencement of any work. DRAWING TITLE DRAWING NO. ARCHITECT DRAWN BY CHECKED BY DATENO. DATE DESCRIPTION COPYRIGHT © 2017 AQUATIC DESIGN GROUP, INC. ALL RIGHTS RESERVED PROJECT NO. REVISIONS

PROJECT INFORMATION EDK SJF

SILIMAN AQUATIC CENTER

IMPROVEMENTS
6800 MOWRY AVENUE
NEWARK, CALIFORNIA 94560

L I CENSE
D
A

RCH I TECT
STAT E
OF
CA
L I FORN I A REN. 07/31/25

GREGORY
S . FERRELL C-35802 2024.074 12/22/2025 MECHANICAL DETAILS MR-2 ∅ -20-30 60 -10
0 10 20 50 3040 Hg psi

CITY OF NEWARK

PUBLIC WORKS

NOTICE TO CONTRACTORS

SPECIFICATIONS, PROPOSAL AND CONTRACT
FOR
2026 Silliman Aquatic Center – Lazy
River Replastering
Bid Opening: 11:00am, Tuesday, February 17, 2026
For use in conjunction with the State of California, Department of Transportation Standard Specifications and Standard Details dated 2018; and Revised 10/18/19, and Standard Plans dated 2018, and Equipment Rental Rates and Labor Surcharge Rates (latest edition) Approved by: _________________________
Howard Young
Director of Public Works, City of Newark
Project Contact: Tim Au, PE
Associate Civil Engineer
510-578-4298
[email protected]
37101 Newark Boulevard, Newark, California

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TABLE OF CONTENTS
NOTICE TO CONTRACTORS ...................................................................................... 1 INSTRUCTION TO BIDDERS ....................................................................................... 5 PROPOSAL ........................................................................................................... 15 AGREEMENT ........................................................................................................... 27 GENERAL PROVISIONS .......................................................................................... G-1 SPECIAL PROVISIONS ................................................................ Separate Attachment This page is intentionally left blank
1 CITY OF NEWARK

STATE OF CALIFORNIA

NOTICE TO CONTRACTORS
A. NOTICE IS GIVEN that the City of Newark will receive bids for the furnishing of all labor, materials, transportation and services necessary for the construction and completion of:
2026 Silliman Aquatic Center – Lazy River Pool Replastering

PROJECT
B. The work is located at 6800 Mowry Avenue, Newark, CA 94560 and generally consists of removal/demolition of the existing lazy river pool finishes and all other miscellaneous items shown on plans. Construction of lazy river finishes not limited to plaster and tile. Install new mechanical equipment, UV System, Valves, Gauges, and all other items as required to provided a completely operational aquatic facility. Project plans and specifications are provided by Aquatic Design Group. The Contractor shall complete all the work within Thirty (30) Calendar Days from the beginning date specified in the Notice to Proceed.

The project shall be completed by prior to May 1st, 2026 The Engineer’s Opinion of Probable cost for the project is approximately $450,000. A mandatory pre-bid site walk is scheduled for February 3rd, 2026 at 10am the project site located at 6800 Mowry Avenue, Newark, CA.

C. A California Class A or C-53 contractor’s license is required to bid this contract.

ALL OF THE WORK IN SECTIONS 131100 - 131108 IS TO BE THE

RESPONSIBILITY OF ONE EXPERIENCED SWIMMING POOL

SUBCONTRACTOR PRIMARILY ENGAGED IN THE CONSTRUCTION OF
COMMERCIAL PUBLIC-USE SWIMMING POOLS. A SWIMMING POOL

SUBCONTRACTOR SHALL BE CONSIDERED PRIMARILY ENGAGED AS
REQUIRED HEREIN IF THE SUBCONTRACTOR DERIVED 50% OF ITS

ANNUAL REVENUE FROM NEW PUBLIC-USE SWIMMING POOL
CONSTRUCTION FOR EACH OF THE LAST FIVE YEARS. THE

SUBCONTRACTOR MUST HAVE ALSO, IN THE LAST FIVE YEARS
CONSTRUCTED AT LEAST FIVE (5) NEW COMMERCIALLY DESIGNED

MUNICIPAL AND PUBLIC-USE SWIMMING POOLS, EACH OF WHICH
SHALL HAVE INCORPORATED A MINIMUM SIZE OF 6,000 SQUARE FEET

OF WATER SURFACE AREA WITH A CONCRETE AND CERAMIC TILE

PERIMETER OVERFLOW GUTTER AND SELF-MODULATING BALANCE
TANK. The City of Newark will accept Bids only from Bidders, along with all Subcontractors listed in the Bidder’s Subcontractor List, that are currently registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code Section 1725.5. 2 Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with Labor Code Section 1725.5, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), The City may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.

D. Bidders shall submit a completed Bond Accompanying Bid form as provided for in the Special Provisions accompanied by a cashier’s check, certified check (certified without qualification and drawn on a solvent bank of the State of California or a National Bank doing business in the State of California) or completed Bond Accompanying Bid form of not less than 10% of the Base Bid, payable to the City. The successful bidder shall furnish a payment bond and a performance bond in the amount of 100% of total bid price payable to the City.

E. Each bid must be in accordance with the provisions of the contract documents now on file with the City Engineer, City of Newark, Newark, California, which contract documents are incorporated herein by reference and made a part hereof. Bidding documents contain the full description of the Work and may be obtained from Newarkca.gov: https://www.newarkca.gov/departments/publicworks/bid-openings-and-rfp-s. Potential bidders are responsible for obtaining a complete bid set.

F. This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. The successful Bidder shall comply with all prevailing wage laws applicable to the Project, and related requirements contained in the Contract Documents. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Public Works Department, may be obtained from the California Department of Industrial Relations website (http://www.dir.ca.gov/OPRL/dprewagedetermination.htm) and are deemed included in the Bidding Documents. Upon request, the City of Newark will make available copies to any interested party.

G. All Contractors bidding on this project are required to register with the Department of Industrial Relations (DIR) and to pay the required annual fee.

Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a Contractor may not bid or be listed as a Subcontractor for any bid proposal submitted for public works projects on or after March 1, 2015
H. Proof of compliance with insurance requirements (including certificates of insurance and additional insured endorsements) shall be provided by the successful contractor. Coverage shall be for the following amounts: (a) 3 Commercial General Liability - $3,000,000 each occurrence, $6,000,000 each aggregate, (b) Automobile Liability - $1,000,000 each occurrence, and (c) Worker’s Compensation/Employer’s Liability - $1,000,000 each occurrence.

I. The Contractor shall perform with his/her own organization, work of a value amounting to not less than fifty (50) percent of the remainder obtained by subtracting from the total original value the sum of any items that may be designated as “Specialty Items” in the Special Provisions.

J. Bids shall be enclosed in a sealed opaque envelope. The envelope shall be sealed and clearly marked on its face with the Bidder’s name, address and the notation “SEALED BID ENCLOSED, CITY OF NEWARK” with an identification of the PROJECT NAME, PROJECT NUMBER and BID DATE as identified on this Notice to Bidders. If the bid is sent by mail, the sealed bid envelope shall be enclosed in a separate mailing envelope/box. The mailing envelope/box shall also be clearly marked on its face with the notation “SEALED BID ENCLOSED, CITY OF NEWARK” with an identification of the PROJECT NAME, PROJECT NUMBER and BID DATE as identified on this Notice to Bidders.

Sealed bids must be delivered to the City Clerk of the City of Newark at 37101 Newark Boulevard, Second Floor Administration Office, Newark, California 94560, before (11:00am, Tuesday, February 17th, 2026). Electronic bids shall not be accepted. At that time, or as soon thereafter as is practical, all bids will be publicly opened, examined, and declared.at the City of Newark David W.

Smith City Hall, 37101 Newark Boulevard, First Floor.

City of Newark David W. Smith City Hall is currently open during limited hours only, Monday through Thursday and every other Friday, 8:00 a.m. to 2:00 p.m.

The City will continue to comply with the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), and local health agencies to provide a safe workplace for City staff and customers.

In the event a new or updated COVID-19 Health Order is issued preventing the delivery or opening of bids as prescribed above in this Notice To Contractors, alternative provisions will be made for bid submittals at the same time and location. Any such provisions will be made available to all plan holders with an Addendum.

K. For information concerning the proposed work, contact:

Tonya Connolly, Maintenance Superintendent
City of Newark, Engineering Division, Public Works Department 37101 Newark Boulevard
Newark, CA 94560
(510) 578-4802
[email protected]
4 L. The tentative schedule for this Project is as follows:

Date Event
February 3
rd, 2026 Mandatory Pre-bid Site Walk at 10:00am
February 6
th, 2026 Deadline for Bid Questions
J February 17
th, 2026 Bid Opening @ 11am
/vas March 20th, 2026 Anticipated Award of a Construction Contract May 1
st, 2026 Completion of project

M. The City of Newark reserves the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional bids, and to waive any minor informalities, irregularities and/or bid non-responsiveness that does not influence the competitive nature of the bid.

N. The City of Newark hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business and women owned business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds 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, including a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics in consideration for an award.

Dated: January 13th, 2026

NEETU SALWAN, City Clerk
City of Newark, Alameda County, California
5 CITY OF NEWARK

STATE OF CALIFORNIA

INSTRUCTION TO BIDDERS
2026 Silliman Aquatic Center – Lazy River Pool Replastering

1. RECEIPT OF BIDS
The City Clerk of the City of Newark, California will receive at the office of the City Clerk, 37101 Newark Boulevard, 1st Floor Administration Office, on or before 11:00am, Tuesday, February 17th, 2026.

2. PREPARATION OF BIDS
a. Bids shall be submitted on the forms provided by the City Engineer and shall give the prices proposed in figures and must be signed by the bidder or their authorized representative. If the proposal is made by an individual, their name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state of incorporation and the names, titles and business addresses of the president, secretary and treasurer. b. Bidders must quote on all items appearing on the Bid Schedule. Failure to do so may disqualify the bid.
c. Alternative bids will not be considered, unless specifically called for.

3. BIDDER’S GUARANTEE
a. All bids for the construction work shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder's security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier's check made payable to the City of Newark; (c) a certified check made payable to the City of Newark or (d) a bidder's bond executed by an admitted surety insurer, made payable to the City of Newark. Failure to submit said security shall be cause for rejection of bid. The amount so posted shall be forfeited to this City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to the bidder, enter into the contract with the City for the work. b. The above-mentioned bond shall be given as a guaranty that the bidder will enter into a contract if awarded the work, and will be declared forfeited if the successful bidder refuses to enter into said contract or to furnish the necessary bonds after being requested to do so by the City of Newark, California.
6 c. The prime Contractor shall be duly licensed, Class A or C-53 in accordance with provisions of the Contractor's License Law as contained in Chapter 9, Division 3 of the Business and Professions Code (commencing with §7000), and any acts amendatory thereof, and shall be skilled and regularly engaged in the general class or type of work called for under these contract documents. The City of Newark will consider a submittal from a bidder who is not licensed in accordance with this paragraph if the bidder provides evidence to the satisfaction of the City Engineer that the bidder's license qualifies the bidder under the regulations of the State Contractors License Board to perform the required work.
d. Attention is directed to Sections 4100 and 4108 of the Public Contract Code concerning subcontractors.

4. RETURN OF BIDDER’S GUARANTEE
Within fifteen (15) days after the award of the contract, the City will return the proposal guaranties accompanying the proposals which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.

5. CONTRACT BONDS
The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

The City’s designee before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.

7 6. LABOR AND WAGE CODE GUIDELINES
a. Attention is directed to Section 1777.5 of the Labor Code as it applies to apprenticeship standards.
b. The general prevailing wage rates for each craft, classification, or type of workman shall be as determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/dlsr/PWD/index.html – select the appropriate wage decision and then collect the wage decisions for Statewide, Northern California and Solano County). A copy of these wage rate determination are kept on file and are available for review at the Public Works Department located at 37101 Newark Boulevard, Newark, CA Street. c. In accordance with the provisions of Section 1860 of the California Labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contractor will be required to secure the payment of compensation of his or her employees.
d. Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department of Industrial Relations will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.

7. REJECTION OF BIDS
a. Proposals may be rejected if they show any alterations of form, incomplete bid, erasures, additions not called for, or irregularities of any kind. b. The City of Newark reserves the right to reject any and all proposals.

8. WITHDRAWAL OF BIDS
Bids may be withdrawn at any time prior to opening upon written request of the bidder. Negligence on the part of the bidder in preparing the bid shall not constitute a right to withdraw the bid subsequent to the bid opening. Unless otherwise required by law, no bidder may withdraw their bid for a period of sixty-five (65) days after the date set for the opening thereof.

9. OPENING OF BIDS
At the time and place fixed for opening bids, the contents of all bids will be made public for the information of all bidders and other interested parties. 8 10. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same work, unless alternative bids are called for. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on their own behalf.

11. AWARD OF CONTRACT
All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be done. The lowest bid shall be the lowest bid price on the base contract bid items, without consideration of the prices on the additive or deductive alternative bid items. The award of the contract, if it is awarded, will be made within sixty-five (65) days after the opening of the proposals. The City reserves the right to waive a minor irregularity or clerical error and award the contract to the lowest bidder, provided the minor irregularity or clerical error is insubstantial and does not materially affect the bidder's proposal.

12. INSURANCE REQUIREMENTS
Contractor shall provide proof of compliance with the insurance requirements specified in Section 8.7 of the City of Newark Standard Specification and Details General Provisions by furnishing concurrent with the execution of the contract: (1) a certificate of insurance providing that no cancellation, major change in coverage, expiration or nonrenewal shall be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, change in coverage, expiration or nonrenewal; (2) a City standard endorsement form for insurance coverage (attached hereto), naming the City of Newark, its officers, employees, agents and volunteers as additional insureds.

Contractor’s insurance coverage shall remain in full force and effect for the duration of the contract plus a period of one (1) year from and after the completion and acceptance of the contract.

The limits of the insurance required for this project will be at least:

Commercial General Liability
Commercial General Liability
$3,000,000 each occurrence
$6,000,000 each aggregate
Comprehensive Automobile Liability $1,000,000 each occurrence Worker’s Compensation/Employer's
Liability $1,000,000 per claim

13. EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the contract bonds and certificate and City standard form endorsement of insurance, within fifteen (15) working days, after the bidder has received notice that the contract has been awarded by City Council. No proposal shall be considered binding upon the City until the execution of the contract. 9 Failure to execute a contract and file acceptable bonds and certificate and endorsement of insurance as provided herein within fifteen (15) working days, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

14. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND

SITE OF WORK
The bidder is required to examine carefully the site of and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.

15. CONSTRUCTION AND DEMOLITION WASTE COLLECTION AND RECYCLING In order to comply with the California Green Building Code, the City of Newark requires that permitted construction and demolition projects recycle at minimum 65% of all materials, and 90% of concrete and asphalt, generated by the project.

The Contractor must create a waste management plan in Green Halo at www.newark.wastetracking.com and submit the plan for approval prior to initiating the project. Once the project is complete, the Contractor must upload the waste recycling and disposal receipts to Green Halo for approval by the City.

The City further requires that whomever is responsible for collecting and transporting waste stored and/or transported in containers, shall become authorized to do so by entering into a Collection Agreement approved by the City of Newark.

16. ADDENDA AND JOB CLARIFICATION
Should a bidder find discrepancies in or omissions from, the Drawings and Specifications, or should the bidder be in doubt as to their meaning, the bidder shall at once notify the City, and should it be found necessary, a written addendum or clarification will be mailed to all bidders. It shall remain, however, the responsibility of all bidders to make inquiry as to addenda and clarifications issued, as all addenda and clarifications become a part of the Contract and all bidders shall be bound thereby, whether received by them or not. City will NOT be responsible for any oral instructions or interpretations.

Written request for clarifications from Drawing and Specifications shall be submitted to the City using the attached bid question sheet prior to (6pm on Friday, February 6th, 2026), and should it be found necessary, a written addendum of clarification will be mailed to all bidders. Therefore, no written addendum or verbal clarification will be issued if written request is submitted after the aforementioned time and date.

10 17. SUBSTITUTION REQUESTS
Substitution requests will not be considered during bidding. Any substitution requests will be considered after contract award in accordance with General Provisions, Special Provisions, and the Technical Specifications. 11 BID QUESTION SHEET
2026 Silliman Aquatic Center – Lazy River Pool Replastering NOTE: All Inquiries shall be emailed to the City’s point of contact which are as follows:

TO: [email protected] ; Tim Au, Associate Civil Engineer SUBJECT: Silliman Lazy River Pool Replastering
NO QUESTIONS WILL BE CONSIDERED AFTER 6pm on Friday, February 6th, 2026.

Date: ___________________
From contractor:

Contractor email: _____________________________ Contractor phone number:
____________________
Specification Section: ___________________
Drawing Reference No.: ___________________
INFORMATION REQUESTED (please type or print legibly):

SIGNS SIGNATURE:

ATTACHMENTS:
12 18. PAYMENT OF WITHELD FUNDS
Upon the Contractor's request, the City will make payment of funds withheld from the progress payments pursuant to the requirements of Public Contract Code Section 22300 if the Contractor deposits in escrow with the City, or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions:
a. The Contractor shall bear the expense of the City and the escrow agent, either the Director of Finance or the bank, in connection with the escrow deposit made. b. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.
c. The Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall include provisions governing inter alia:
i. the amount of securities to be deposited,
ii. the providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited,
iii. conversion to cash to provide funds to meet defaults by Contractor including, but not limited to, termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract,
iv. decrease in value of securities on deposit,
v. the termination of the escrow upon completion of the contract. d. The Contractor shall obtain the written consent of the surety to such agreement.

19. PROHIBITED INTERESTS
No employee of the City of Newark shall have any direct financial interest in this contract.

This contract shall be voidable at the option of the City if this provision is violated.

20. START OF CONTRACT TIME (SCT)
Unless otherwise specified or approved by the City Engineer, the Contractor shall note that the contract time shall start twenty-one (21) calendar days following the issuance of the written notice of award. The start of contract time initiates the clock for counting working days and does not imply the ability to begin the work. A written Notice to Proceed (NTP) letter allows the Contractor to begin work. The NTP will be issued after the Contractor completes the following:
a. Fully execute and return the contract and bonds
b. Complete all insurance requirements
c. Prepare and submit documents for the pre-construction meeting in the time allowed d. Attend the pre-construction meeting
The Contractor’s failure to complete the tasks necessary to be issued a NTP letter will not delay the start of contract time. Contract time will start as noted above regardless of when the NTP is issued. The Contractor is encouraged to be diligent in returning required 13 documents so that the NTP is issued coincident, or prior to the start of contract time.

21. BID PROTESTS
Any protest of the award of a bid to the apparent lowest responsive and responsible bidder or other bidders must be submitted in writing to the City within five (5) business days of the deadline for receipt of bids and shall be accompanied by payment of a non-refundable bid protest fee as provided in the City’s Master Fee Schedule. Any protest submitted thereafter is untimely.

The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party or be submitted on company letterhead. The party filing the protest must concurrently transmit a copy of the protest to the bidder deemed to be the apparent low bidder.

The party filing the protest must have actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a bid protest. A party should not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. The bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing of a challenge of the award pursuant to California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

22. SUBCONTRACTORS
The bidder shall list all subcontractors, including name, address, subcontractor’s California State License Board (CSLB) license number, Department of Industrial relations (DIR) number, and portion of the work to be performed, with their bid. The bidder shall submit the percentage of the total contract each subcontractor will perform either with the bid or within 24 hours of the deadline for receipt of bids.

14 15

CITY OF NEWARK

STATE OF CALIFORNIA

PROPOSAL TO THE CITY OF NEWARK
2026 Silliman Aquatic Center – Lazy River Pool Replastering To the City Clerk of the City of Newark:

The undersigned declares that they have examined the locations of the proposed work, that they have examined the plans, specifications, and all the contract documents, and hereby proposes to furnish all materials, labor, equipment, and perform all the work in strict accordance with said plans, specifications, and contract documents in consideration of the attached schedule.

The undersigned further agrees that, upon written acceptance of this bid, they will within 15 working days of receipt of such notice execute a formal contract agreement with the City of Newark, with necessary bonds and certificate and city standard form endorsement of insurance. They also agree that, in the case of default in executing the contract, the proceeds of the check or bond accompanying their bid shall become the property of the City of Newark.

The undersigned agrees that, if awarded the contract, they will commence the work upon written notice to proceed and shall diligently prosecute the same to completion before the expiration of 30 calendar days from the date of said written notice to proceed. The work must be delivered prior to May 1st, 2026 A written limited notice to proceed may be issued upon written request and must be mutually agreed upon by Owner and Contractor.

Bids are to be submitted for the entire work.

The amount of the bid for comparison purposes will be the base contract bid items, without consideration of the prices on the additive or deductive alternative bid items.

The bidder shall set forth for each unit basis item of work an item price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for this item.

In case of discrepancy between the item price and the total set forth for a unit basis item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

The following quantities are approximate only, being given as a basis for the comparison of bids, and the City of Newark does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. The undersigned further agrees to accept the aforesaid unit bid prices in compensation for any additions or deductions caused by variation in quantity due to more accurate measurement 16 or by any changes or alterations in the plans or specifications of the work.

Bidder acknowledges receipt of the following addenda:

Addendum No.

Date:

Addendum No.

Date:

Addendum No.

Date:

Addendum No.

Date:

17 CITY OF NEWARK
Public Works Department

BID SCHEDULE
2026 Silliman Aquatic Center – Lazy River Pool Replastering Item Unit of Unit Price Total Price
No. Item Description Quantity Measure (in figures) (in figures) 1 Mobilization 1 LS
2 Demo and Pool Surface Preparation 1 LS
3 Replaster lazy river pool 2,432 SF
4 Replace damaged or missing skimmer
access lids.
9 EA
5 Replace main drains 12 EA
6 Clean and restore handrails 5 EA
7 Replace covers and eyeball wall inlets 7 LF
8 Clean, flush, and balance pool system 1 LS
9 Anchor existing PAL lift to deck 1 LS
10 Furnish/Install tile at stairs and drain covers 147 LF 11 Furnish and install new accessible lift 1 LS
12 Install new rope anchors 2 EA
13 Furnish/Install waterline tile 264 LF

TOTAL AMOUNT BID: $

Bidder shall complete this form legibly and in its entirety. An incomplete form shall be grounds for disqualification of the bid.
*NOTE: The award of contract, if it is awarded, will be to the lowest responsible Bidder as determined by the Total Amount Bid.

18 Additional Information – Bid Alternates
**Pursuant to Section 20103.8 of the Public Contract Code, the City reserves the right to add any or all of the additive Alternate Bids after the lowest responsible bidder has been determined. The addition of Additive Alternate Bids does not change the basis by which the project will be awarded.

Item Unit of Unit Price Total Price
No. Item Description Quantity Measure (in figures) (in figures) A1
Furnish and install new UV system &
controls. Schematically shown on plan
sheet MR-1 & MR-2.

Contractor shall furnish and install per
manufacturer’s specifications and ensure
code required clearances and maintenance
accessibility.
1 LS
A2 Float stairs per ADA compliance. The
current stair riser depth are not equal. 1 LS
A3 Adjust/relocate handrails spacing to be
ADA compliant 1 LS

TOTAL AMOUNT BID ALTERNATES: $

19 2026 Silliman Aquatic Center – Lazy River Pool Replastering Project

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
The Contractor shall list all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. Bidders shall note that they shall perform with their own organization at least 50% of the work with the remainder of the work performed by subcontractors. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under
which
Subcontractor is
Licensed and
Registered
CSLB
License
Number(s)
and
Class(es)
DIR
Contractor
Registration
Number
Address and
Phone Number
Type of Work
(e.g., Electrical)
Percentage
of Total Bid
(e.g., 10%)¹

Note: Attach additional sheets if required
¹ The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
23 Name of Firm
Business Address
Phone Number
Signature of Responsible Official
Contractor's License:
a. Class:
b. Number:
c. Expiration Date:

FEI Number:

If corporation or partnership, give legal name of corporation, president, secretary, treasurer, or names of all partners.

24 NONCOLLUSION DECLARATION TO BE EXECUTED
BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _________________________ of _________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ____________________ [city], ____________________ [state].

(Date) (Signature)
NOTE: THIS FORM MUST BE NOTARIZED.

25 BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Newark (“City”) has issued an invitation for bids for the work described as follows:
2026 Silliman Aquatic Center – Lazy River Pool Replastering

WHEREAS

(Name and address of Bidder)
(“Contractor”) desires to submit a bid to City for the work.

WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of

Dollars ($ ), being not less than
ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor is awarded a contract for the work by City and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety 26 hereby waives the provisions of California Civil Code § 2845.

IN WITNESS WHEREOF, this instrument has been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 27 ARTICLES OF AGREEMENT
THIS AGREEMENT, made on the day of ______________, 2026, by and between CITY OF NEWARK, party of the first part, hereinafter called the CITY, and , party of the second part, hereinafter called the CONTRACTOR.

It is understood Engineer representing the CITY shall be the City Engineer of Newark, acting directly or through properly authorized agents.

WITNESSETH, that the CONTRACTOR and the CITY, for the consideration hereinafter named, agree as follows:

I. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary and to perform all of the work shown on the plans and described in the specifications for the project entitled:
2026 Silliman Aquatic Center – Lazy River Pool Replastering all in accordance with the requirements and provisions of the Contract Documents as identified in the project Special Provisions Section 2 and the following Documents which are hereby made a part of this Agreement:
a. Plans prepared for same by Aquatic Design Group and dated December 3rd ,
2025.
b. Advertisement for Bids.
c. The Accepted Bid, dated .
d. Instructions to Bidders.
e. Specifications consisting of:
1) Special Provisions and Technical Specifications.
2) City of Newark General Provisions.
3) Standard Specifications issued by State of California, Department of Transportation, Division of Highways, dated 2023
f. Performance Bond, dated _______________, 20___.
g. Labor and Material Bond, dated _______________, 20___.

All of said documents are intended to cooperate so that any work called for in one and not mentioned in another, or vice versa, is to be executed and performed the same as if mentioned in all of said documents. Said documents, comprising the complete Contract, are sometimes hereinafter referred to as the Contract Documents. Should there be any conflict between the terms of this instrument and the bid or proposal of CONTRACTOR or any of the other Contract Documents, this instrument shall control.

In the case of conflict between the Plans and the Specifications, the Plans shall prevail over the Specifications. In the case of conflict between sections of the Specifications, the 28 Special Provisions shall prevail over the City of Newark General Provisions, the City of Newark General Provisions shall prevail over the Standard Specifications.

II. TIME OF COMPLETION
a. The work to be completed under this Contract shall be commenced upon written notice to fully proceed.
b. The work shall be completed within of 30 calendar days after the date of written notice to fully proceed and shall be delivered before May 1st, 2026. c. Failure to complete the work within the number of days stated in this Article, including extension granted thereto as determined by the Engineer, shall entitle the City to deduct from the monies due to the CONTRACTOR as "Liquidated Damages" (LDs) an amount equal to Three Thousand Dollars ($3,000) for each calendar day or fraction thereof that expires after the time specified herein of the Contractor to complete the work and the facility or improvements are useable for its intended use. LDs shall apply cumulatively and shall be presume to be damages suffered by the City resulting from delay in the completion of work. Liquidated Damages for delay in completion of work shall only cover administrative, overhead, general loss of public use damages, interest on bonds and lost revenues when applicable, suffered by the City as a result of delay. LDs shall not cover the cost to complete the work, damages resulting for defective work, costs of substitute facilities, or damages suffered by others who seek to recover their damages for the City (for example, delay claims from other contractors, sub-contractors, tenants, or third-parties, and defense costs thereof.

III. CONTRACT SUM
a. The CITY shall pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the following units of work completed at the unit price stated thereafter. The number of units contained in the attached schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. b. Extra work not included in Article I, but authorized after the date of the Contract that cannot be classified as coming under any of the Contract units, may be done at mutually agreed-upon unit prices, or on a lump sum basis.
29 CITY OF NEWARK
Public Works Department

BID SCHEDULE
2026 Silliman Aquatic Center – Lazy River Pool Replastering Item Unit of Unit Price Total Price
No. Item Description Quantity Measure (in figures) (in figures) 1 Mobilization 1 LS
2 Demo and Pool Surface Preparation 1 LS
3 Replaster lazy river pool 2,432 SF
4 Replace damaged or missing skimmer
access lids. 9 EA
5 Replace main drains 12 EA
6 Clean and restore handrails 5 EA
7 Replace covers and eyeball wall inlets 7 LF
8 Clean, flush, and balance pool system 1 LS
9 Anchor existing PAL lift to deck 1 LS
10 Furnish/Install tile at stairs and drain covers 147 LF 11 Furnish and install new accessible lift 1 LS
12 Install new rope anchors 2 EA
13 Furnish/Install waterline tile 264 LF

TOTAL AMOUNT BID: $

30 Additional Information – Bid Alternates
**Pursuant to Section 20103.8 of the Public Contract Code, the City reserves the right to add any or all of the additive Alternate Bids after the lowest responsible bidder has been determined. The addition of Additive Alternate Bids does not change the basis by which the project will be awarded.

Item Unit of Unit Price Total Price
No. Item Description Quantity Measure (in figures) (in figures) A1
Furnish and install new UV system &
controls. Schematically shown on plan
sheet MR-1 & MR-2.

Contractor shall furnish and install per
manufacturer’s specifications and ensure
code required clearances.
1 LS
A2 Float stairs per ADA compliance 1 LS
A3 Adjust/relocate handrails spacing to be
ADA compliant 1 LS

TOTAL AMOUNT BID ALTERNATES: $

26 IV. PROHIBITED INTERESTS
No employee of the City of Newark shall have any direct financial interest in this contract. This contract shall be voidable at the option of the City if this provision is violated.

V. WORKERS' COMPENSATION
Contractor hereby certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that Contractor will comply with such provisions before commencing the performance of the work of this contract.

WHEREAS, the parties have executed this Agreement the day and year first above written.

CITY OF NEWARK
By:

City Manager
Contractor
By:

Title
Licensed in accordance with an act providing for
the registration of contractors.

Contractor's License:
a. Class:
b. Number:
c. Expiration Date:
d. FEI Number:
27 EDD REPORTING REQUIREMENTS CHECKLIST
Effective January 1, 2001 the State Employment Development Department (EDD) requires the following.

Please complete the following: (To be complete by the department) Department: Date of Contract:

Authorized Res. No.: Contract Expiration Date:

Person Reviewing EDD Requirements
EDD REPORTING REQUIREMENTS. When CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with EDD reporting requirements:

A. Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.

B. If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.\ C. If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’s federal tax identification number.
****************************************************************************************************************************************************** Dear Contracting Company:

Pursuant to your contract with the above-mentioned City of Newark Department, you are required to complete box 1 AND box 2 below.

Please indicate the type of business and provide the information requested:

BOX 1

NAME AND ADDRESS

FULL NAME

ADDRESS

CITY, STATE, ZIP
AND
BOX 2
X Box TYPE OF BUSINESS SOCIAL SECURITY NUMBER AND/OR

FEDERAL ID NUMBER

SOLE PROPRIETORSHIP

PARTNERSHIP

LIMITED LIABILITY PARTNERSHIP

CORPORATION

LIMITED LIABILITY CORPORATION

NON-PROFIT CORPORATION

OTHER FORM OF ORGANIZATION

PLEASE RETURN THIS FORM WITH THE SIGNED CONTRACT TO THE CITY OF NEWARK 28 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Newark (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”) a contract (the “Contract”) for the work described as follows:
2026 Silliman Aquatic Center – Lazy River Pool Replastering WHEREAS, Contractor is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of

Dollars ($ ), this amount being not
less than one
hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Contractor's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.
29 FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. City is the principal beneficiary of this bond and has all rights of a party hereto.

IN WITNESS WHEREOF, this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Contractor” “Surety”

By: By:

Title Title
By: By:

WHEREAS the City of Newark (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:
2026 Silliman Aquatic Center – Lazy River Pool Replastering WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of

Dollars ($ ), this amount being not less than one
hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and 31 reasonable attorneys' fees in an amount fixed by the court.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

IN WITNESS WHEREOF this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 32 CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trustfulness, accuracy, or validity of that document.

State of California )
County of ____________________________ )
On ________________________ before me, _______________________________________, Date Here Insert Name and Title of the Officer
Personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under
the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
_____________________________
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________________________ Document Date: ____________ Number of Pages: _______ Signer(s) Other Than Named Above: ________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name:
________________________
€Corporate Officer – Title(s):_____________
€ Partner – € Limited € General
€Individual € Attorney in Fact
€Trustee € Guardian or Conservator
€Other:
______________________________
Signer Is Representing:
__________________
____________________________________
_
Signer’s Name:
________________________
€Corporate Officer – Title(s):_____________
€ Partner – € Limited € General
€Individual € Attorney in Fact
€Trustee € Guardian or Conservator
€Other:
______________________________
Signer Is Representing:
__________________
____________________________________
_
i

GENERAL PROVISIONS
INDEX
SECTION 1: DEFINITIONS AND TERMS ........... 1
SECTION 2: SCOPE OF WORK ........... 3

2.1 DOCUMENTS FURNISHED BY CITY................................................................. 3

2.2 OWNERSHIP OF DOCUMENTS FURNISHED BY CITY .................................... 3

2.3 TECHNICAL SPECIFICATIONS AND PROJECT PLANS. .................................. 3 SECTION 3: CONTROL OF WORK AND MATERIAL ........... 5

3.1 ENGINEER’S STATUS ....................................................................................... 5

3.2 ARCHITECT’S STATUS ..................................................................................... 5

3.3 INSPECTION AND TESTING OF WORK AND MATERIAL ................................ 5

3.4 SAMPLES FURNISHED BY THE CONTRACTOR .............................................. 6

3.5 MATERIALS AND SUBSTITUTIONS. ................................................................. 6

3.6 AUDIT AND EXAMINATION OF RECORDS ....................................................... 7

3.7 ADVERTISING ....................................................................................................8

3.8 PROJECT SCHEDULE ........................................................................................8

3.9 CONSTRUCTION STAKING................................................................................8

3.10 MATERIALS TESTING ........................................................................................8 SECTION 4: CHANGES IN WORK ......... 11

4.1 CITY DIRECTED CHANGE ORDERS ...............................................................11

4.2 WRITING REQUIREMENT ................................................................................11

4.3 CONTRACTOR PROPOSED CHANGE ORDERS.............................................11

4.4 ALL CHANGE ORDERS ....................................................................................11

4.5 CHANGE ORDER PRICING ..............................................................................11

4.6 LIABILITY UNDER UNAPPROVED CHANGE ORDERS ...................................13

4.7 CHANGES SUBJECT TO CONTRACT DOCUMENTS ......................................13

4.8 CHANGE ORDER DISPUTES ...........................................................................13 SECTION 5: TRENCHING AND UTILITIES ......... 15

5.1 EXCAVATION MORE THAN FOUR FEET DEEP ..............................................15

5.2 EXCAVATION OF FIVE FEET OR MORE .........................................................15

5.3 UTILITY RELOCATION COSTS ........................................................................15 SECTION 6: PROJECT FACILITIES ......... 17

6.1 WORK SITE OFFICES ......................................................................................17

6.2 CITY RIGHTS OF ACCESS AND OWNERSHIP ................................................17 SECTION 7: PROSECUTION AND PROGRESS OF THE WORK ......... 19

7.1 LIQUIDATED DAMAGES ...................................................................................19

7.2 NO DAMAGE FOR AVOIDABLE DELAYS .........................................................19

7.3 UNAVOIDABLE DELAYS ..................................................................................20

7.4 NO DAMAGE FOR CONTRACTOR CAUSED DELAY.......................................20

7.5 NO DAMAGE FOR DELAY NOT CAUSED BY THE CITY, DELAY
CONTEMPLATED BY THE PARTIES, OR OTHER REASONABLE DELAY ......20

7.6 DELAYS CAUSED BY THE CITY AND/OR ITS PRIVITIES ...............................21 ii

7.7 DELAY CLAIMS .................................................................................................21

7.8 CONTRACTOR COORDINATION OF THE WORK ...........................................21 SECTION 8: CONTRACTOR RESPONSIBILITIES 23

8.1 ELIGIBILITY .......................................................................................................23

8.2 SUPERVISION OF THE WORK ........................................................................23

8.3 CONTRACTOR'S SUPERINTENDENT .............................................................23

8.4 COMPETENT EMPLOYEES ..............................................................................23

8.5 ITEMS NECESSARY FOR PROPER COMPLETION OF THE WORK ...............23

8.6 SUBCONTRACTING .........................................................................................24

8.7 INSURANCE ......................................................................................................25

8.8 INDEMNITIES ....................................................................................................26

8.9 LICENSES/PERMITS ........................................................................................28

8.10 CALIFORNIA LABOR CODE REQUIREMENTS ................................................28

8.11 LAWS AND ORDINANCES................................................................................30

8.12 GUARANTY .......................................................................................................30

8.13 SAFETY .............................................................................................................31

8.14 ASSIGNMENT OF UNFAIR BUSINESS PRACTICE CLAIMS ...........................32

8.15 REAL TIME KINETICS (RTK) ............................................................................32 SECTION 9: MEASUREMENT AND PAYMENT 35

9.1 F.O.B. 35

9.2 PAYMENT .........................................................................................................35

9.3 NON-ALLOWABLE DIRECT CHARGES............................................................37

9.4 RETENTION ......................................................................................................37

9.5 SECURITIES IN LIEU OF RETENTION .............................................................38 SECTION 10: PROJECT ACCEPTANCE AND CLOSEOUT 41

10.1 OCCUPANCY ....................................................................................................41

10.2 WORK COMPLETION AND FINAL INSPECTION .............................................41

10.3 WORK ACCEPTANCE ......................................................................................41 SECTION 11: REMEDIES AND DISPUTES 43

11.1 FAILURE TO CORRECT WORK .......................................................................43

11.2 TERMINATION ..................................................................................................43

11.3 CONTRACT DISPUTES RESOLUTION PROCESS ..........................................45 SECTION 12: CONTROLS AND RESTRAINTS 49

12.1 DESCRIPTION OF WORK ................................................................................49

12.2 CONSTRUCTION LIMITATIONS .......................................................................49

12.3 ORDER OF WORK ............................................................................................49

12.4 STORM WATER POLLUTION PREVENTION ...................................................49

12.5 MAINTAINING TRAFFIC AND PEDESTRIAN OPERATIONS ...........................51

12.6 PUBLIC SAFETY ...............................................................................................52

12.7 PROTECTION OF EXISTING FACILITIES AND PROPERTY ...........................52

12.8 PRECONSTRUCTION CONFERENCE .............................................................53

12.9 OWNER NOTIFICATION ...................................................................................53

12.10 EMERGENCY SERVICE PROVIDERS NOTIFICATIONS .................................53

12.11 CLEAN UP .........................................................................................................53

12.12 PAYMENT .........................................................................................................54

12.13 CONSTRUCTION STAKING..............................................................................54 iii

12.14 MATERIALS TESTING ALLOWANCE ...............................................................54

12.15 OBSTRUCTIONS ..............................................................................................54

12.16 HOURS OF WORK ............................................................................................54

12.17 DUST CONTROL ...............................................................................................55

12.18 SOUND CONTROL REQUIREMENTS ..............................................................55

12.19 PUBLIC CONVENIENCE ...................................................................................55

12.20 PUBLIC SAFETY ...............................................................................................55

12.21 HIGHWAY CONSTRUCTION EQUIPMENT ......................................................56

12.22 Construction Utilities ..........................................................................................56

12.23 Sanitary Provisions ............................................................................................56

12.24 Protection and Restoration of Vegetation ...........................................................56

12.25 Cultural Resources ............................................................................................56

12.25.1 SURPLUS MATERIAL .............................................................................57

12.25.2 HISTORICAL FINDS ................................................................................57

12.25.3 CULTURAL RESOURCES INDICATORS ................................................57

12.25.4 ENGINEER’S DISCRETION ....................................................................58 SECTION 13: Blank
SECTION 14: Blank
SECTION 15: CONSTRUCTION AND DEMOLITION WATE COLLECTION AND RECYCLING.60

15.44.030 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING ................. .60

15.44.040 COVERED PROJECTS SUBJECT TO CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING ........................................................60

15.44.050 WASTE MANAGEMENT PLAN ................................................................60 iv
"THIS PAGE LEFT INTENTIONALLY BLANK"
G- 1
SECTION 1: DEFINITIONS AND TERMS
The following terms as used in any agreement of which these General Provisions are a part are defined as follows:

Architect:

The person or persons so specified on the Technical Specifications and/or Project Plans.

ASTM:

American Society for Testing and Materials latest edition.

Bid Package:

All of the documents listed as comprising the entire Bid Package as specified in the Instructions to Bidders and representing the full set of documents made available to bidders on the Project.

Caltrans Construction Manual :

The State of California Department of Transportation Construction Manual, current edition or otherwise specified.

Caltrans Standard Specifications :

The State of California Department of Transportation Standard Specifications for Construction of Local Streets and Roads, current edition or otherwise specified.

City:

City of Newark
City Standards:

The edition of the City of Newark Public Works Standard Specifications and Details in effect on the date of the last signature to this Contract.

Contract:

The agreement between the City and Contractor concerning the Project.

Contract Documents :

All those documents listed in the Contract as comprising the entire agreement between the City and the Contractor.

Contractor:

The successful bidder for the Project and party to the Contract with the City as specified in the Contract.

Days:

Unless otherwise specified in the Contract Documents, days mean calendar days.

Engineer:

The City’s authorized representative for administration and overall management of the Project Contract and Work. The Engineer is the official point of contact between the City and the Contractor.

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Project:

The Project as described in the Technical Specifications and Project Plans.

Project Inspector:

The party or parties charged by the City with inspecting the Work for compliance with the requirements of the Contract Documents and applicable laws and regulations. The Project Inspector acts under the direction of the City and must coordinate with the Engineer as directed by the City in accordance with the Contract Documents.

Project Plans:

The primarily graphic detailed requirements concerning the Project contained in the Bid Package and any addenda to the Project Plans signed by authorized City representatives and issued prior to bid opening; Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening; and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor in accordance with the requirements of the Contract Documents.

Project:

The project described in the Technical Specifications and Project Plans.

Subcontractor:

A person, firm or corporation that is obligated as a party to a contract with the Contractor to perform part of the Work. For purposes of these General Provisions Subcontractors include, but are not limited to, those that are obligated as parties to a contract with the Contractor to specially fabricate and install a portion of the Work according to the Technical Specifications and/or Project Plans.

Technical Specifications :

The detailed Project requirements contained in the Bid Package and any addenda to the Technical Specifications signed by authorized City representatives and issued prior to bid opening; Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening; and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor in accordance with the requirements of the Contract Documents.

Work:

The furnishing of all equipment, tools, apparatus, facilities, material, services, labor and skill necessary to perform and complete in a good and workmanlike manner the Project as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.

Written Notice:

Will be deemed to have been duly served for purposes of these General Provisions and any Contract of which they are a part if delivered in person to the individual or to a member of the firm or to any office of the corporation for whom the notice is intended, or if sent by registered or certified mail to the last known business address known to the party giving notice. Unless otherwise specified in the Contract Documents, the last known address of the Contractor will be that listed in the Contractor’s completed Proposal.

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SECTION 2: SCOPE OF WORK

2.1 DOCUMENTS FURNISHED BY CITY
The City will furnish to the Contractor, free of charge, five (5) sets of prints of the Project Plans and Technical Specifications for execution of the Work. Throughout the performance of the Work the Contractor must keep one copy of the Project Plans and Technical Specifications in good order and available for review by the Engineer, the Architect, and any other City contractors or representatives. Electronic PDF documents may be available if requested.

2.2 OWNERSHIP OF DOCUMENTS FURNISHED BY CITY
All documents furnished by the City, including, but not limited to, the Technical Specifications, Project Plans, and any copies, are the property of the City. Documents furnished by the City may not be used on any other work.

2.3 TECHNICAL SPECIFICATIONS AND PROJECT PLANS.

A. The Technical Specifications and Project Plans are complementary and intended to mutually describe the Work necessary to complete the Project in accordance with the Contract Documents.

B. In general, the Project Plans indicate dimensions, position and kind of construction, and the Technical Specifications indicate qualities and methods. Any Work indicated on the Project Plans and not mentioned in the Technical Specifications or vice versa must be furnished as though fully set forth in both. Work that is not particularly detailed, marked or specified will be the same as similar Work that is detailed, marked or specified. The Contractor must furnish items necessary for the operation of equipment depicted in the Project Plans or specified in the Technical Specifications that are suitable to allow such equipment to function properly at no extra charge.

C. The Contractor must notify the Engineer as soon as possible of any apparent errors or inconsistencies, including, but not limited to, typographical or notational errors in the Project Plans, Technical Specifications, and/or in work done by others affecting the Work. The Engineer will issue instructions concerning any such apparent errors or inconsistencies. If the Contractor proceeds with Work impacted by apparent errors or inconsistencies without instructions from the Engineer, the Contractor does so at its sole risk and will have all of the obligations and the City will have all of the rights and remedies specified in Section 11 concerning any resulting damage or defect.

D. These General Provisions apply with equal force to all of the Work, including extra work authorized by the Engineer in accordance with the Contract Documents. The Contractor must submit any required shop diagrams and/or drawings by the times and in the quantities indicated in the Technical Specifications. Any such shop diagrams and/or drawings must show completely the Work to be done, expanding on the Project Plans concerning details not previously shown, field conditions and the condition of the Work. Engineer review of such shop diagrams and/or drawings will concern conformance with the requirements of the Contract Documents only.

The Engineer assumes no responsibility for the correctness or accuracy of the dimensions or any other contents of any shop diagrams and/or drawings submitted by the Contractor. The Contractor must check all dimensions at the Work site.

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Shop diagrams and/or drawings must be clearly marked with the name of the Project and the name of the Contractor, subcontractor or supplier making the submittal, and must be stamped and signed by the Contractor and submitted under a signed transmittal letter from the Contractor certifying that all dimensions have been checked at the Work site. These requirements are mandatory. The Engineer will not review shop diagrams and/or drawings that do not satisfy these requirements. The Contractor will be responsible for any and all discrepancies between dimensions of the actual Project site and/or Work and those shown on shop diagram and/or drawings submitted by the Contractor, and for any other errors contained in or resulting from such shop diagrams and/or drawings, including, but not limited to, errors in material and/or equipment quantities and any resulting errors, delays or additional cost in the performance of the Work. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any discrepancies or errors in shop diagrams and/or drawings submitted by the Contractor, and concerning any resulting errors, delays or additional costs in the performance of the Work.

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SECTION 3: CONTROL OF WORK AND MATERIAL

3.1 ENGINEER’S STATUS
The Engineer will administer the Project in accordance with the Contract Documents. After execution of the Contract and issuance of the Notice to Proceed, all correspondence and/or instructions concerning the Project between the Contractor and/or City must be forwarded through the Engineer. Except as otherwise provided in the Contract Documents, the Engineer will not be responsible for and will not have control or charge of construction means, methods, techniques, or procedures or for safety precautions in connection with the Work. The Engineer, however, will have authority to reject materials and/or workmanship that do not conform to the requirements of the Contract Documents.

The Engineer will also have the authority to require inspection or testing of the Work.

3.2 ARCHITECT’S STATUS
The Architect will advise the Engineer concerning decisions on all claims of the Contractor and all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Architect will also advise the Engineer concerning Work that does not conform to the Contract Documents. Whenever, in the Architect's opinion, it is necessary or advisable in accordance with the Contract Documents, the Architect may recommend to the Engineer inspection or testing of the Work, whether or not such Work is then fabricated, installed or completed.

Architect has no authority over the contractor and reports directly to the Engineer.

3.3 INSPECTION AND TESTING OF WORK AND MATERIAL
A. The City, the Engineer, the Architect and their representatives will have access to the Work at all times wherever it is in preparation or progress. The Contractor must provide proper facilities for such access and for inspection.

B. The Contractor must inspect all materials as delivered and promptly return all defective materials without waiting for their rejection by the Architect or Engineer.

C. If the Engineer, the Technical Specifications, or any laws, ordinances, or any public authority require any Work to be tested or approved, the Contractor must give the Engineer timely notice of the Contractor’s readiness for inspection. Inspections will be promptly made, and where practicable, at the source of supply. Any Work subject to such testing that is covered up without timely notice to the Engineer or without the approval or consent of the Engineer must, if required by the Engineer, be uncovered for examination at the Contractor's expense. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any Work subject to testing that is covered up or otherwise rendered inaccessible for inspection without timely notice to the Engineer and that is not uncovered for examination at the Contractor’s expense if required by the Engineer.

D. Tests of materials or qualification tests required by the Contract Documents must be made in accordance with the Technical Specifications and the requirements of the California Building Standards Code as adopted by the City and other applicable law. Copies of all testing reports will be distributed as required in the Technical Specifications.

E. The City or its representatives may order re-examination of questioned Work. If ordered to do so, the Contractor must uncover such Work. If such Work is found G- 6
to be according to the Contract Documents, the City will pay the cost of uncovering and restoring the Work, unless such Work was subject to testing and covered up without timely notice to or approval of the Engineer. If re-examined Work is found not in accordance with the Contract Documents, the Contractor must pay the cost of uncovering and restoring the Work. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any re-examined Work not in accordance with the Contract Documents that the Contractor fails to uncover and restore at the Contractor’s expense.

F. The Contractor must replace or correct without charge any material or workmanship found not to conform to the requirements of the Contract Documents, unless the City consents to accept such material or workmanship with an appropriate adjustment in the Contract Price. The Contractor must promptly segregate and remove non-conforming material from the Work site. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any failure by the Contractor to replace or correct without charge any material or workmanship that does not conform to the requirements of the Contract Documents and that the City has not consented to accept.

3.4 SAMPLES FURNISHED BY THE CONTRACTOR
The Contractor must furnish all samples for approval as directed in sufficient time to permit the Architect or Engineer to examine, approve and select samples before they are required by the progress of the Work. Portions of the Work for which samples are required and for which the Architect or Engineer has selected samples must be in accordance with such approved samples. Samples must be sent prepaid to the office of the Engineer or to such place as the Engineer may direct.

3.5 MATERIALS AND SUBSTITUTIONS.

A. Materials used for the Work must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials.

B. If the Contractor submitted complete information to the Public Works Department for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or furnish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer’s name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by manufacturer’s name, brand or model number, or otherwise.

C. During the performance of the Work, all materials must be neatly stacked, properly G- 7
protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public. Materials may not be stored in a manner that presents a safety hazard or a nuisance. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work.

Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for damage or loss of materials delivered to and/or stored at the Work site due to weather or other causes. The Contractor must promptly remove from the Work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non-conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re-execute Work performed by the Contractor and order the replacement and re-execution of Work performed by subcontractors using non-conforming materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all Work destroyed or damaged by such removal. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any failure by the Contractor to replace or re-execute Work using non- conforming materials, and/or to make good all Work destroyed or damaged by such removal and/or execution.

D. If any portion of the Work done or material furnished under the Contract proves defective and not in accordance with the Project Plans or Technical Specifications, and if the Engineer determines that the imperfection of the same is not of sufficient magnitude or importance to make the Work dangerous or undesirable, or if the removal of such Work is impractical or will create conditions which are dangerous or undesirable, the Engineer may retain such Work, instead of requiring the imperfect Work to be removed and reconstructed, and make such deductions therefore in the payments due or to become due the Contractor as are just and reasonable.

3.6 AUDIT AND EXAMINATION OF RECORDS
The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other Project related data of the Contractor, Subcontractors, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or Contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor’s business office at or near the Work site, and at any other location where such Project related data may be kept until three years after final payment under the Contract. Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of $10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as part of any audit of the City, for a period of three (3) years after final payment under the Contract.

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3.7 ADVERTISING
No advertising signs of any kind may be displayed on the Work site, or on fences, offices or elsewhere adjacent to the Work site.

3.8 PROJECT SCHEDULE
Within ten (10) days after execution and delivery of the Contract, and prior to the issuance of the notice to proceed, the Contractor must deliver to the Engineer a bar chart and critical path (CPM) schedule detailing the Contractor’s intended schedule of Work for the entire Project. The schedules must be detailed to clearly show the relative sequence of the items of Work, their inter-relationships, start and completion dates, float, the critical path, and any other item deemed necessary by the Engineer. The schedule must allow for the completion of the entire Work within the Time for Completion.

A. City Review of Schedule. The City may review the Contractor’s submitted schedule and may note any exceptions. The Contractor must correct any exceptions noted by the City within five (5) working days of being notified of the exceptions.

B. Update of Schedule. After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of Work as of the date specified in the updated schedule.

C. Float. The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as “Float”. The Float will be designated to the Project and will be available to both the City and the Contractor as needed to complete the Work in accordance with this Contract.

D. Failure to Submit Schedule. If the Contractor fails to submit schedules within the time periods specified in this Section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents.

E. Responsibility for Schedule. The Contractor will be solely and exclusively responsibility for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City’s review of the schedule will not create scheduling obligations of the City.

3.9 CONSTRUCTION STAKING
Unless otherwise stated in the contract documents, all work done under the Contract must be in conformance with the Project Plans and staked by the Engineer in the field. The Contractor must inform the Engineer, forty-eight (48) hours in advance, of the time and places at which he or she wishes to do work, in order that lines and grades may be furnished and necessary measurements for record and payment made, with the minimum of inconvenience to the Engineer and delay to the Contractor.

3.10 MATERIALS TESTING
Materials will be tested by the City of Newark or its authorized agent, following State of California Test Methods. Statistical testing may not be used. All individual samples must meet the specified test results. Each material used must meet the specified requirements.

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The Contractor must request and coordinate all testing. All tests must occur in the presence of the Project inspector. The City will, at its sole discretion, have the right to reject any and/or all test results, that do not meet this requirement, and to order a retest in the presence of the Project inspector. The costs for all retests so ordered will be the responsibility of the Contractor. The cost of all retests will be charged to the Contractor at the actual cost plus 30 percent, with a minimum charge of $150.00 per test to cover staff and administrative costs.

The City, at its sole expense, will provide all initial material and compaction tests.

Sampling and testing will comply with Chapter 6 of the Caltrans Construction Manual at a minimum. Where conditions vary, the City may perform additional testing. Cost for testing of materials offered in lieu of the specified materials will be the responsibility of the Contractor. Cost for R-value tests when required by the Caltrans Standard Specifications will be the responsibility of the Contractor.

Testing will only be performed on normal City working days between the hours of 8:00 a.m. and 4:00 p.m. unless other arrangements are made in advance. Tests performed outside of these hours may be subject to increased charges.

The Contractor must request all tests in writing a minimum of 2 working days in advance of the time desired. A minimum of one working day must be allowed for compilation and reporting of data and test results after tests have been performed. No subsequent layer of material may be placed until a passing test is obtained and acknowledged by the City.

Concrete and asphalt may be supplied only from suppliers approved and certified by the State Department of Transportation. Proposed mix designs for all concrete and asphalt concrete to be placed within the City of Newark must be provided to and approved by the City, prior to placement.

The Contractor must coordinate with the City concerning any additional testing as required.

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SECTION 4: CHANGES IN WORK

4.1 CITY DIRECTED CHANGE ORDERS
The City may at any time during the progress of the Work direct any amendments to the Work or any of the Contract Documents, including, but not limited to the Technical Specifications, or Project Plans. Such amendments will in no way void the Contract, but will be applied to amend the Contract Price, if such amendments affect the Contract Price, the Project schedule, if such amendments affect the Project schedule, or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section 4.

4.2 WRITING REQUIREMENT
Change orders and other amendments to the Technical Specifications, the Project Plans, or other Contract Documents may be made only upon prior written approval of the Engineer and as evidenced by a writing executed by authorized representatives of the City and the Contractor.

4.3 CONTRACTOR PROPOSED CHANGE ORDERS
Unless the Engineer otherwise authorizes or the City and the Contractor otherwise agree, change order proposals submitted by the Contractor must be submitted to the Engineer no later than the time of the proposed change.

4.4 ALL CHANGE ORDERS
All change order proposals must be submitted on completed City Change Order forms.

All such change order proposals must itemize all cost impacts of the proposed change order and include a total price for that change order and the amended Contract Price that would become effective upon execution of the change order. All change order proposals must specify any change in the Project schedule, or in any project milestone including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect.

4.5 CHANGE ORDER PRICING
Change order pricing for all change orders, whether additive, deductive, or both, will be governed by the following:

A. Prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Documents specify prices.

B. Cost impacts involving items for which the Contract Documents do not specify prices may be paid on a lump sum basis as approved by the City.

C. For cost impacts involving items for which the Contract Documents do not specify prices, and for which no lump sum amount has been approved by the City, charges or credits for the Work will be paid on a time and materials basis in accordance with the following and subject to Caltrans Standard Specifications, provision 9-1.03 entitled ‘Payment Scope’ concerning allowable direct charges. The time and materials payment will be the sum of and limited to the direct and indirect costs for labor, materials, equipment and overhead calculated as follows:

1. Labor: The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual G- 12
and direct performance of the Work. The cost of labor utilized in performing the Work, whether the employer is the Contractor, a subcontractor or other entity engaged in the performance of the Work, will be the sum of the following:
a. Actual Wages: The actual wages paid will include any employer fringe benefit payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. The actual wages and fringe benefits paid must be at the rates shown on the certified payroll documents submitted by the Contractor.
b. Labor Surcharge: The labor surcharge will be as set forth in the latest edition of the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”. The labor surcharge will constitute full compensation for all payments imposed by State or Federal laws and for all other payments made to, or on behalf of, workers engaged in the performance of the Work, excluding the Actual Wages as defined above.
c. Fixed Markup: A fixed markup of 15% of the sum of the actual wages paid and the labor surcharge applicable to such actual wages, together with the actual wage and labor surcharge costs described in this provision will constitute full and complete compensation for all overhead, profit, incidentals, and any and all other direct or indirect expenses associated with furnishing all labor for the Work.

2. Materials: Materials costs will be the direct costs for materials actually exhausted, consumed or entering permanently into the Work, plus a fixed markup of 15% of such direct materials costs, which, together with the direct cost of materials as described in this provision will constitute full and complete compensation for all overhead, profit, incidentals, and any and all other direct or indirect expenses associated with furnishing all materials for the Work.

3. Equipment: All equipment used will be paid in accordance with the rates in subsection 9-1.04D entitled “Equipment Rental" of the Caltrans Standard Specifications, which subsection 9-1.04D is made a part of this Contact as described in this provision will constitute full and complete compensation for all overhead, profit, incidentals, and any and all other direct or indirect expenses associated with furnishing all equipment for the Work.

4. Unless approved in writing in accordance with provision 4.2 of these General Provisions in advance of performance of the Work, any and all other cost impacts (including, but not limited to profit, bond premiums or fees, insurance premiums or fees, superintendent or management labor, their office or engineering staffs, clerical expenses, vehicles, home office expenses, Work site office expenses, small tools and supplies, utility costs, permit costs, and licensing costs) involving items for which the Contract Documents do not specify prices, and for which no lump sum amount has been approved by the City, will constitute incidentals, full compensation for which will be deemed included in the markups for labor, material, and equipment specified above, and no additional compensation for such cost impacts will be allowed.

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4.6 LIABILITY UNDER UNAPPROVED CHANGE ORDERS
The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment for the Work or any third party that are incurred pursuant to Contractor-proposed change orders prior to issuance of an approved change order executed in accordance with this Section 4. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 11 concerning any work or resulting losses, costs, or liabilities pursuant to a Contractor proposed change order before issuance of an approved change order executed in accordance with this Section 4.

4.7 CHANGES SUBJECT TO CONTRACT DOCUMENTS
Any changes in the Work and/or the Contract Documents pursuant to change orders and any other amendments issued in accordance with the Contract Documents, including this Section 4, will in all respects be subject to all provisions of the Contract Documents, including, but not limited to, the Technical Specifications and the Project Plans, except as modified by such change orders or amendments.

4.8 CHANGE ORDER DISPUTES
A. Disputed City-Directed Change Orders. If the Contractor disputes a City directed change order following a reasonable effort by the City and the Contractor to resolve the dispute including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City directed change order, whichever is later. In performing Work consistent with a disputed City-directed change order pursuant to this provision the Contractor will have all of the Contractor’s rights concerning claims pursuant to the Contract Documents and applicable law.

B. Disputed Contractor Proposed Change Orders. If the City disputes a Contractor proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute the Contractor must continue performing the Work irrespective of and unmodified by the disputed change order.

In continuing to perform the Work, the Contractor will retain all of the Contractor’s rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor-proposed change order or other amendment do not excuse the Contractor’s obligation to perform the Work in accordance with the Contract Documents excluding such Contractor-proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents.

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SECTION 5: TRENCHING AND UTILITIES

5.1 EXCAVATION MORE THAN FOUR FEET DEEP
In accordance with California Public Contract Code Section 7104, if the Work involves excavation more than four feet deep the Contractor must promptly notify the City in writing before disturbing: any material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; any subsurface or latent physical conditions at the Work site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or any unknown physical conditions at the Work site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City will promptly investigate any such conditions for which notice is given. If the City finds that the conditions do materially differ, or involve hazardous waste, and would cause a decrease or increase in the cost or time of performance of the Work, the City will issue a change order pursuant to Section 4 of these General Provisions. If a dispute arises between the City and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease of increase in the cost or time of performance, the Contractor will not be excused from any completion date provided in the Contract Documents but will proceed with all Work to be performed. The Contractor will retain all rights under contract or law pertaining to resolution of disputes and protests between contracting parties.

5.2 EXCAVATION OF FIVE FEET OR MORE
In accordance with California Labor Code Section 6705, contractors performing contracts exceeding $25,000 in cost and involving excavation five or more feet deep must submit for the City’s acceptance, prior to excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer.

5.3 UTILITY RELOCATION COSTS
A. In accordance with California Government Code Section 4215, the City assumes the responsibility for the timely removal, relocation or protection of existing main or trunkline utility facilities located on the Work site if such utilities are not identified by the City in the Technical Specifications and/or Project Plans. The City will compensate the Contractor for the costs of locating, repairing damage not due to the Contractor’s failure to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities located at the Work site and not identified with reasonable accuracy in the Technical Specifications and/or Project Plans. The City will also compensate the Contractor for the cost of equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for Work completion delays caused by the City’s failure to provide for removal or relocation of such main or trunkline utility facilities.

B. Nothing in this provision or the Contract Documents will be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, G- 16
cleanouts, on or adjacent to the Work site; provided, however, that nothing in this provision or the Contract Documents will relieve the City from identifying main or trunklines in the Technical Specifications and/or Project Plans.

C. Nothing in this provision or the Contract Documents will preclude the City from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.

D. Nothing in this provision or the Contract Documents will be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.

E. If the Contractor while performing the Work discovers utility facilities not identified by the City in the Technical Specifications and/or Project Plans, the Contractor must immediately notify the City and utility in writing.

F. Either the City or the utility, whichever owns existing main or trunkline utility facilities located on the Work site, will have sole discretion to effect repairs or relocation work or to permit the Contractor to perform such repairs or relocation work at a reasonable price.

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SECTION 6: PROJECT FACILITIES

6.1 WORK SITE OFFICES
Any Work site office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations. The cost of such Work site office facilities will be paid under mobilization or otherwise specified.

6.2 CITY RIGHTS OF ACCESS AND OWNERSHIP
The City and its authorized representatives will at all reasonable times while such office facilities are located at the Work site (including, at a minimum, all times during which the Work is performed), have access to any such Work site office facilities used by the Contractor and/or its privities. With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities will have a reasonable expectation of privacy pursuant to the Fourth Amendment to the Unites States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such Work site facilities will be deemed at all times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the Work site (including, at a minimum, all times during which the Work is performed). Any interference by the Contractor or its privities with the City’s rights of access and/or ownership pursuant to this Section 6 will constitute a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity.

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SECTION 7: PROSECUTION AND PROGRESS OF THE WORK

7.1 LIQUIDATED DAMAGES
It is agreed by the parties to the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City of Newark, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Newark the sum of Five Hundred Dollars ($500) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City of Newark may deduct the amount thereof from any money due or that may become due the Contractor under the Contract. For the purposes of the calculation of the start of the liquidated damages, the Work herein contracted for shall be deemed to be completed when the same has been actually completed in accordance with the Project Plans and Technical Specifications and to the satisfaction of the Engineer, and the Project has been accepted by the City in accordance with Section 10.3 of these General Provisions.

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 time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigned, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of 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, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.

The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any unavoidable delays, as that term is defined in Section 7.3.

The City and the Contractor further agree in accordance with California Government Code Section 53069.85 that the liquidated damage sums specified in this provision are not manifestly unreasonable under the circumstances existing at the time the Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor under the Contract.

7.2 NO DAMAGE FOR AVOIDABLE DELAYS
All delays in the Work that might have been avoided by the exercise of care, prudence, foresight and diligence of the Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the Work that may be unavoidable but that do not necessarily affect other portions of the Work or prevent completion of all Work within the Time for Completion, including, but not limited to, reasonable delays in Engineer approval of shop drawings, placement of construction survey stakes, measurements and inspection, and such interruption as may occur in prosecution of the Work due to reasonable interference of other contractors of the City, will be deemed avoidable delays. The Contractor will not be awarded a change in the Project schedule or the Time for Completion, and/or additional compensation in excess of the contract price, for avoidable delays.

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7.3 UNAVOIDABLE DELAYS
All delays in the Work that result from causes beyond the control of the Contractor and that the Contractor could not have avoided through exercise of care, prudence, foresight, and diligence will be deemed unavoidable delays. Orders issued by the City changing the amount of Work to be done, the quantity of materials to be furnished, or the manner in which the work is to be prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond the Contractor’s control, such as strikes, lockouts, labor disturbances, fires, epidemics, earthquakes, acts of God, neglect by utility owners or other contractors that are not privities of the Contractor will be deemed unavoidable delays to the extent they actually delay the Contractor’s completion of the Work. The Contractor shall within ten (10) days from the beginning of any such delay notify the City Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive. The Contractor will be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for unavoidable delays to the extent such delays actually delay the Contractor’s completion of the Work and/or result in the Contractor incurring additional costs in excess of the Contract Price.

Delay due to normal, adverse weather conditions will not be deemed unavoidable. The Contractor should understand that normal adverse weather conditions are to be expected and plan the Work accordingly, such as by incorporating into the Project Schedule normal, adverse weather delays as reflected in historical data of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the weather station most applicable to the Work site.

7.4 NO DAMAGE FOR CONTRACTOR CAUSED DELAY
Contractor will not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any Subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents.

7.5 NO DAMAGE FOR DELAY NOT CAUSED BY THE CITY, DELAY CONTEMPLATED BY

THE PARTIES, OR OTHER REASONABLE DELAY
Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Contract Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances:

A. Exercise of the City’s right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any Subcontractor or other entity engaged in the performance of the Work to perform the Work in accordance with the Contract Documents, enforcement by the City or any other governmental agency of competent jurisdiction of any government act or regulation, or enforcement by the City of any provisions of this Contract.

B. Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such clarifications or information or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract G- 21
Documents.

7.6 DELAYS CAUSED BY THE CITY AND/OR ITS PRIVITIES
Delay caused by the City and/or other contractors of the City will be deemed unavoidable delays. Either the City or the Contractor may propose a change in the Time for Completion and/or the Project Schedule for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute change order proposals subject to Section 4. In accordance with Section 4, the City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing and/or changes in the Time for Completion and/or the Project Schedule are in anticipation of impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts or to award a change in the Time for Completion and/or the Project Schedule in accordance with the Contract and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated impacts. Notwithstanding anything to the contrary in Section 4, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts.

7.7 DELAY CLAIMS
Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay.

7.8 CONTRACTOR COORDINATION OF THE WORK
A. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor must at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the Work site. The Contractor will adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the Work site.

B. If any part of the Work depends for proper execution or results upon the work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other Work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City’s or other contractor's Work as fit and proper.

C. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade will be part of the Work except where stated otherwise.

D. The Contractor will provide proper facilities at all times for access of the City, the Engineer, Architect, and other authorized City representatives to conveniently examine and inspect the Work.

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SECTION 8: CONTRACTOR RESPONSIBILITIES

8.1 ELIGIBILITY
By executing the Contract, the Contractor certifies that the Contractor is not ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109(a), contractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform the Work. To the full extent permitted by law the Contractor will hold harmless, indemnify and defend the City from and against any and all damages, costs, and liability arising from or as a consequence of any violation of Public Contract Code Section 6109.

8.2 SUPERVISION OF THE WORK
The Contractor will be solely responsible for the performance of the Work, including portions of the Work to be performed by Subcontractors. The Contractor is charged with ensuring that all orders or instructions from the City, Engineer or Architect are disseminated to and followed by all Subcontractors engaged in performance of the Work.

The Contractor will supervise the Work using the Contractor’s best skill and attention. At any time during the progress of the Work, the City, the Engineer, or the Architect may require the Contractor and/or Subcontractors engaged in performance of the Work to attend a project meeting and the Contractor will attend, and ensure the attendance of any Subcontractors whose attendance is required by the City and/or advisable in light of the matters to be addressed at the meeting.

8.3 CONTRACTOR'S SUPERINTENDENT
The Contractor will keep on the Work, throughout its progress, a competent superintendent and any necessary assistants, all satisfactory to the City. The superintendent may not be changed without the consent of the City. The superintendent will represent the Contractor and all directions given by the City to the superintendent will bind the Contractor in accordance with this Contract. Superintendent time included in Contractor’s completed bid schedule and/or in approved change orders, if any, must be included in Contractor’s approved overhead rate and may not be charged as a direct cost.

8.4 COMPETENT EMPLOYEES
The Contractor must at all times enforce strict discipline and good order among the Contractor’s employees and may not employ on the Work any unfit person or anyone not skilled in the Work assigned, or anyone incompetent or unfit for the duties of that person.

When the City determines that a Contractor employee does not satisfy the requirements of this provision, upon notice from the City, the Contractor must ensure that employee performs no further Work and is no longer present at the Work site. Any such Contractor employee may not again be employed on the Work without City approval.

8.5 ITEMS NECESSARY FOR PROPER COMPLETION OF THE WORK
Except as otherwise noted in the Contract Documents, the Contractor will provide and pay for all labor, materials, equipment, permits, fees, licenses, facilities and services necessary for the proper execution and timely completion of the Work in accordance with the Contract Documents

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8.6 SUBCONTRACTING
A. The Contractor must perform with his or her own organization, a value of work amounting to not less than fifty percent (50%) of the contract amount, except that the bid amount for subcontracted “Specialty Items” so designated in the Technical Specifications may be eliminated from the contract amount and not considered as sub-contracted for the purposes of calculating the value of work to be performed by the Contractor. For the purposes of determining the value of work to be performed by the Contractor pursuant to this provision, materials, equipment, incidentals, etc., shall be considered to have been purchased by the Contractor or Subcontractor that is to install them. Where a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated cost of such portion of the subcontracted item, as determined from information submitted by the Contractor, subject to approval by the Engineer.

B. By executing the Contract, the Contractor certifies that no subcontractor included on the list of proposed subcontractors submitted with the Contractor’s bid is ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109(a), subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on the Work. In accordance with California Public Contract Code Section 6109(b), any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. The Contractor will ensure that no debarred subcontractor receives any public money for performing the Work, and any public money that may have been paid to a debarred subcontractor for the Work is returned to the City. The Contractor will be responsible for payment of wages to workers of a debarred subcontractor who has been allowed to perform the Work.

C. The Contract and the performance of the Work are subject to the requirements of the Subletting and Subcontracting Fair Practices Act codified at California Public Contract Code Section 4100 and following. If the Contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the Work in excess of one-half of 1 percent of the Contractor’s total bid, the Contractor agrees that the Contractor is fully qualified to perform that portion of the Work with the Contractor’s own forces, and that the Contractor will perform that portion of the Work with the Contractor’s own forces. If after award of the Contract the Contractor subcontracts, except as provided for in California Public Contract Code Sections 4107 or 4109, any such portion of the Work, the Contractor will be subject to the penalties set forth in California Public Contract Code Sections 4110 and 4111, including cancellation of the Contract, assessment of a penalty of up to 10 percent of the amount of the subcontract, and disciplinary action by the Contractors State License Board.

D. No contractual relationship exists between the City and any Subcontractor engaged in performance of the Work.

E. Incorporation of Contract Documents. The Contractor must incorporate the Contract Documents in each contract with a Subcontractor engaged in the performance of the Work. The Contractor will be solely responsible for any delay or additional costs incurred as a result of its failure to provide adequate or accurate Project information to a Subcontractor that results in improper submittals and/or Work, or time or other impacts. The Contractor will have all of the obligations and G- 25
the City will have all of the remedies that are specified in Section 11 concerning any delay or additional costs incurred due to failure of the Contractor to provide adequate and accurate Project information to Subcontractors.

F. Coordination of Subcontract Work: The Contractor is responsible for scheduling the Work of subcontractors so as to avoid delay or injury to either Work or materials.

8.7 INSURANCE
A. All required insurance must be provided in the form of “occurrence”-type policies underwritten by admitted insurers in the State of California with a rating of A- or better and a Financial Class VII or higher from the current year Best Rating Guide.

All policies must be issued at the expense of the Contractor and must be maintained at the Contractor’s expense throughout the performance of the Work.

B. The Contractor and any subcontractors engaged in performance of the Work must secure payment of workers compensation in accordance with California Labor Code Section 3700 and other applicable law. The Contractor must verify that all Subcontractors comply with this requirement.

C. Within ten working days following notice concerning the award the Contractor must submit to the City along with executed copies of all other documents specified in the Contract Check List certificates of insurance with original endorsements, both of which reference the same policy number, evidencing that the Contractor has in effect and will maintain throughout the performance of the Work the following kinds and amounts of insurance:

1. Workers’ Compensation Insurance. Workers Compensation and Employers Liability insurance as required by any applicable law, regulation or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it. Such insurance must cover the full liability of the Contractor. The Contractor’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per claim.

The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

2. Commercial General Liability and Automobile Liability Insurance. Coverage for liability because of Bodily Injury and property Damage including, but not limited to the following coverage:
a. Completed Operations and Products Liability
b. Bodily Injury
c. Personal Injury
d. Broad Form Property Damage Liability
e. Contractual Liability insuring the obligations assumed by the Contractor under the Contract Documents
Automobile Liability, including owned, non-owned and hired automobiles Coverage for the XCU hazards of Explosion, Collapse and Underground G- 26

3. Commercial Umbrella Policy. The Commercial policy is to insure losses above General liability, Employers liability, and auto liability limits.

D. The insurance furnished by the Contractor must be primary in the amount of any loss.

1. The limits of the insurance required above will be at least:

Comprehensive General Liability
Bodily Injury Liability $3,000,000 each occurrence
$6,000,000 each aggregate
(Assigned aggregate with separate limits for
this project)
Property Damage Liability $3,000,000 each occurrence
$6,000,000 each aggregate
(Assigned aggregate with separate limits for
this project)
Comprehensive Automobile Liability
Bodily Injury Liability $1,000,000 each person
$1,000,000 each occurrence
Property Damage Liability $1,000,000 each occurrence
Commercial Umbrella Policy $10,000,000 as required by project Builder’s Risk (Course of construction) Value of Contract

2. For each insurance policy required under the Contract (except for the required workers compensation insurance policy) the Contractor must provide endorsements, in a form acceptable to the City Attorney, that add the City as an additional insured. Such endorsements must: provide that the insurance required to be furnished by the Contractor will be primary as regards the City, and that the City’s insurance will be excess of and not contribute to the insurance required to be furnished by the Contractor; that the City will receive 30 day written notice of any reduction or cancellation of such insurance required to be furnished by the Contractor; and include a severability of interest clause acceptable to the City.

E. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

8.8 INDEMNITIES
A. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City G- 27
agents serving as independent contractors in the role of City representative), the Engineer and Architect, successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.

B. Nothing in this Section 8-1.08 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

C. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

D. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.

E. The provisions of this Section 8-1.08 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

F. The Contractor will indemnify, defend and hold harmless the Indemnitees for all liability on account of any patent rights, copyrights, trade names or other G- 28
intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.

G. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims, including any fines or other penalties, related to failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP. The City may withhold from amounts due or that may become due the Contractor under the Contract amounts that equal or are estimated to equal the amount of Claims, including fines, resulting from failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP in accordance with provision 12.4 of these General Provisions.

H. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indemnity requirements of the Contract Documents, which are material elements of consideration.

8.9 LICENSES/PERMITS
The Contractor must, without additional expense to the City, obtain all licenses, permits and other approvals required for the performance of the Work.

8.10 CALIFORNIA LABOR CODE REQUIREMENTS
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work will constitute a legal day’s work under the Contract B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Work is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Contractor and its subcontractors will forfeit as a penalty to the City $100 for each worker employed in the performance of the Work for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 et seq.

D. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Work is to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Public Works Department and will be made available on request. The Contractor and subcontractors engaged in the performance of the Work must pay no less than these rates to all persons engaged in performance of the Work.

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E. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the Work must with comply Labor Code Section 1775 which establishes a penalty of up to $200 per day for each worker engaged in the performance of the Work that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty will be determined by the Labor Commissioner. The Contractor or subcontractor must pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the Work is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the subcontractor for the performance of part of the Work must include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Contractor must monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Contractor must diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the Work.

4. Prior to making final payment to the subcontractor, the Contractor must obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Work and any amounts due pursuant to California Labor Code Section 1813.

5. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the Work, must keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work, and must otherwise comply with Section 1776. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 must be certified and must be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations and must otherwise be available for inspection in accordance with California Labor Code Section 1776.

F. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the G- 30
Work, will be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

G. Attention is directed to the provisions of Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The Contractor and all subcontractors on the Project shall comply with the requirements of Sections 1777.5 and Section 1777.6 of the Labor Code in the employment of apprentices. Violation of these requirements shall subject the Contractor and/or subcontractor to the penalties set forth in Section 1777.7 of the Labor Code and/or otherwise provided by law or Contract. Information relative to apprentice standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, from the Division of Apprenticeship Standards or its branch offices, and/or on the DLSR website. Apprentices employed on the Project must at all times Work with or be under the direct supervision of a journeyman or journeymen.

8.11 LAWS AND ORDINANCES
The Contractor and all subcontractors engaged in the performance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the Technical Specifications or Project Plans is to be construed to permit Work not conforming to these codes:

A. National Electrical Safety Code, U. S. Department of Commerce B. National Board of Fire Underwriters' Regulations
C. California Building Standards Code as adopted by the City D. Manual of Accident Prevention in Construction, latest edition, published by A.G.C. of America
E. Industrial Accident Commission's Safety Orders, State of California F. Regulations of the State Fire Marshall (Title 19, California Code of Regulations) and Applicable Local Fire Safety Codes
G. Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies.

8.12 GUARANTY
A. The Contractor guarantees all of the Work for one year from the date the City accepts the Work, which is when the City Council directs staff to file a Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work herein contracted for shall be deemed to be completed upon the date of the City Engineer’s acceptance of the final item(s) on that punchlist.

B. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City.

Additionally, Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

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C. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the Contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor’s maintenance bond for the cost of making good such defects and for the City’s reasonable legal costs, if any, of recovering against the bond. The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the guaranty herein. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City.

D. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of this Contract.

8.13 SAFETY
A. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work.

This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work.

Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work. The Contractor agrees that neither the City, nor the Engineer will be responsible for having hazards corrected and/or removed at the Work site. The Contractor agrees that the City will not be responsible for taking steps to protect the Contractor’s employees from such hazards, or for instructing the Contractor’s employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees with respect to the Work and the Work site, the Contractor will be responsible for not creating hazards and for having hazards corrected and/or removed, for taking appropriate, feasible steps to protect the Contractor’s employees from such hazards and that the Contractor has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers.

B. Review and inspection by the City, the Architect or Engineer, and/or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor’s obligations under the Contract Documents and applicable law to ensure that the Work site is maintained and the Work is performed in a safe G- 32
manner.

C. The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law.

D. Within ten (10) working days following notice of award the Contractor must submit to the City a copy of the Contractor’s Safety Plan.

E. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the Work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property.

8.14 ASSIGNMENT OF UNFAIR BUSINESS PRACTICE CLAIMS
In accordance with California Public Contract Code Section 7103.5, the Contractor and any subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action the Contractor or any subcontractors may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Contract. This assignment will be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

8.15 REAL TIME KINETICS (RTK)
The Contractor shall provide a RTK Survey of all new City-owned utilities (water, sewer, storm drain, etc.) installed. The survey shall incorporate horizontal and vertical Global Positioning System (GPS) readings taken at the following locations:

A. At every fifty (50) foot interval along each new utility, B. Every horizontal and vertical bend,
C. Every utility line crossing, and;
D. Every utility appurtenance (valves, manholes, inlets, etc.).

Each reading shall include two (2) shots; one measuring top of pipe and the other measuring elevation the final grade surface elevation directly on top of the pipe. The reading output for each shot shall be in rectangular coordinates (latitude and longitude in feet) and shall be referenced to stationing along the utility.

The RTK data shall be listed in a summary table (using Microsoft Excel, Version 2007) with the following column headers:

A. Pipe stationing,
B. Latitude coordinate,
C. Longitudinal coordinate, and;
D. General location comment (bend, crossing, etc.).

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The data shall be formatted to print in a portrait view. The coordinate system shall be in accordance with NAD 83 State Plan California Zone II in feet. The RTK Survey data summary shall be updated weekly and submitted in hard copy. An updated electronic copy shall be made available to the City Engineer at any time during the project. Final hard and electronic copies shall be provided to the City Engineer prior to City acceptance.

The Contractor shall provide rectangular coordinates for any new street light, street sign, and accessible ramp following the same format as shown in this section.

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SECTION 9: MEASUREMENT AND PAYMENT

9.1 F.O.B.

All shipments must be F.O.B. destination to the Work site and/or other sites indicated in the Contract Documents. The Contract Price is all-inclusive (including sales tax). There will be no additional compensation paid for containers, packing, unpacking, drayage or insurance.

9.2 PAYMENT
A. The Contractor must submit to the Engineer his or her partial payment estimate on the 15th day of the month. When the 15th falls on a weekend or holiday submittal must be on the first workday prior to the 15th. The partial payment estimate must be a verified application for payment and schedule of values supported by a statement showing all materials actually installed during the preceding month and the cost of labor actually expended in the performance of the Work. Unless otherwise provided in the Contract Documents, no allowances or payments will be made for material or equipment not placed at the Work site.

B. Within ten (10) days after the issuance of the Notice to Proceed, the Contractor shall furnish to the City a detailed Schedule of Values giving a complete breakdown of large lump sum prices and items which include numerous subdivisions of work.

The Contractor and City shall jointly review the Schedule of Values and make any adjustments in value allocations if, in the opinion of the City, changes are necessary to establish fair and reasonable allocation of values for the Work components. Front end loading will not be permitted. If, in the City's judgment, more detail (i.e. more items of work) is necessary, the Contractor shall add the additional items identified by the City. The City may also require reallocation of Work components from items in the preliminary schedule if such are allocation is necessary. The Contractor shall submit any necessary revisions for the completed Schedule of Values within 15 days from the Notice to Proceed. The costs indicated in making up this breakdown will be used as a basis for partial payments and shall not be considered as fixing a basis of additions or deductions from the contract.

C. To be eligible for payment the Contractor’s applications for payment must be accompanied by certified payroll reports, including “Statement of NonPerformance” for periods where no Work was performed. Certified payroll shall be prepared in accordance with California Labor Code Section 1776 and the Contract for each employee of the Contractor and any subcontractors engaged in the performance of the Work during the preceding months. Applications for payment will not be processed without certified payroll reports.

D. In accordance with California Public Contract Code Section 20104.50, the City will review applications for payment as soon as practicable after receipt. Any application or part of an application that is determined to be improper will be returned to the Contractor as soon as practicable, but no later than seven days after receipt by the City, along with a written description of the reasons why the application is improper. The Contractor’s failure to submit a schedule by the time specified in Section 3-1.08, or its submission of a schedule to which the City has taken any uncorrected exception, will serve as a basis for returning an application for payment in its entirety.

E. Unless the Contractor has elected to post securities in lieu of retention in accordance with California Public Contract Code Section 22300 and the Contract, G- 36
and the Contractor and the City have executed an escrow agreement in accordance with the Public Contract Code and the Contract, the City will make progress payments to the Contractor in accordance with applicable law in the amount of ninety five (95) percent of the value of the labor actually performed and the material incorporated in the Work as specified in Contractor’s verified application for payment upon approval by the City’s authorized representative(s).

Payment of progress payments will not be construed as acceptance of the Work performed. If the Contractor has elected to post securities in lieu of retention in accordance with Public Contract Code Section 22300 and the Contract and the Contractor and the City have executed an escrow agreement in accordance with the Public Contract Code and the Contract, the City will make payments to the Contractor or the Contractor’s escrow agent in accordance with such escrow agreement.

F. Wherever the estimated quantities of Work to be done and materials to be furnished on a unit price basis under the Contract are specified in any of the Contract Documents, including the proposal, such quantities are specified for purposes of comparing bids, and the right is expressly reserved, except as otherwise expressly provided, to increase or diminish such quantities as may be deemed reasonably necessary or desirable by the Engineer to complete the Work.

No such increase or diminution will be a basis for claims for adjustments in the Contract Price other than adjustments necessary to reflect the impacts of such changes in quantities based on the applicable contract prices and/or pursuant to Section 4 of these General Provisions.

G. In accordance with California Public Contract Code Section 20104.50, if the City fails to make a progress payment within thirty (30) days of receipt of an undisputed, properly submitted application for payment, the City will pay the Contractor interest equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of days available to the City to make a payment without incurring an interest obligation pursuant to this provision and California Public Contract Code Section 20104.50 will be reduced by the number of days, if any, by which the City has delayed return of an application for payment beyond the seven day return requirement set forth in Section 9-1.02(d).

H. The City will pay the Contractor’s final invoice in accordance with applicable law and this Section 9 following acceptance of the Work provided that:

1. The Contractor has furnished evidence satisfactory to the City that all claims for labor and material have been paid, or the time for filing valid stop notices has passed and no stop notices have been filed, or all stop notices filed have been released by valid release or release bond acceptable to the City.

2. No claim has been presented to the City by any person based upon any acts or omissions of the Contractor or any subcontractor engaged in the performance of the Work.

3. No other claim or dispute exists under the Contract or applicable law concerning payment of the Contractor’s final invoice and/or release of the Contract retention.

4. The Contractor has filed with the City the Maintenance Bond provided in the Contract Documents with duly notarized signatures of an authorized representative of the Contractor and an attorney-in-fact of an admitted surety insurer acceptable to the City and such Maintenance Bond binds the G- 37
Contractor as Principal and the Surety in accordance with its terms in the amount of 10% of the final Contract Price.

9.3 NON-ALLOWABLE DIRECT CHARGES
The following costs are not allowable direct charges under the Contract. The following costs may only be paid under the Contract, if at all, as part of any allowance for contractor overhead and/or profit established under the Contract.

A. Labor costs in excess of applicable prevailing wages pursuant to the Contract and applicable law, liability and workers compensation insurance, social security, retirement and unemployment insurance and other employee compensation and benefits pursuant to bona fide compensation plans in effect at the time specified for the opening of Project bids for contractor and subcontractor employees engaged in the performance of the Work, or in excess of the labor costs specified in Section 4.5 of these General Provisions in the case of cost impacts involving items for which the Contract Documents do not specify prices, and for which no lump sum amount has been approved by the City. However, in no event will allowable direct labor charges under the Contract include employee bonuses, employee vehicles or vehicle allowances, employee telephones or telephone allowances, or employee housing or housing allowances, whether or not such benefits are part of a bona fide compensation plan in effect at the time specified for the opening of Project bids.

B. Superintendent labor and clerical labor.

C. Bond premiums
D. Insurance in excess of that required under Section 8.7 E. Utility costs
F. Work Site office expenses
G. Home office expenses
H. Permit or license costs

9.4 RETENTION
The City or its agent may, in accordance with the Contract Documents and applicable law, withhold any payment of monies due or that may become due the Contractor because of:

A. Defective work not remedied or uncompleted work.

B. Claims filed or reasonable evidence indicating probable filing of claims.

C. Failure to properly pay subcontractors or to pay for material or labor.

D. Reasonable doubt that the Work can be completed for the balance then unpaid.

E. Damage to another contractor.

F. Damage to the City.

G. Damage to a third party.

H. Delay in the progress of the Work, which, in the City’s judgment, is due to the failure of the Contractor to properly expedite the Work.

I. Liquidated damages or other charges that apply to the Contractor under the Contract.

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J. Any other lawful basis for withholding payment under the Contract.

9.5 SECURITIES IN LIEU OF RETENTION
In accordance with Public Contract Code Section 22300, except where federal regulations or polices do not permit substitution of securities, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at Contractor’s expense. If the Contractor selects either one of these alternatives, the provisions of this Section 9-1.05 shall control.

A. Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, and at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or Contractor otherwise becomes entitled to receive an amount more than the Contract amount at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor.

The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments which could otherwise be held by the City if the Contractor had not elected to substitute same with securities.

B. Deposit of Retention Proceeds with an Escrow Agent
As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in paragraph (a) above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in paragraph (c) below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by Contractor.

Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into G- 39
escrow, Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section.

The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to insure performance of the Contractor.

C. Subcontractor Entitlement to Interest
Any Contractor who elects to receive interest on moneys withheld in retention by the City shall, at the request of any Subcontractor performing more than five percent (5%) of the Contractor’s total Bid, make that option available to the Subcontractor regarding any moneys withheld in retention by the Contractor from the Subcontractor. If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to insure performance of the Subcontractor.

D. Securities Eligible for Investment
Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.

E. Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in California Public Contract Code Section 22300(f).

F. Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

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SECTION 10: PROJECT ACCEPTANCE AND CLOSEOUT

10.1 OCCUPANCY
The City reserves the right to occupy or use any part or parts or the entire of the Work before the Work is fully completed. Subject to applicable law, exercising this right will in no way constitute acceptance of any part of the Work so occupied or used or acceptance of the entire Work, nor will such occupancy or use in any way affect the times when payments will become due the Contractor, nor will such occupancy or use in any way prejudice the City’s rights under the Contract, any Contract bonds, or at law or equity.

Occupancy or use will not waive the City’s rights to assess liquidated damages in accordance with Section 7 after the date of such occupancy or use.

10.2 WORK COMPLETION AND FINAL INSPECTION
When the Contractor considers the Work is completed, the Contractor will submit written certification to the Engineer specifying that: the Contract Documents have been reviewed; the Work has been inspected for compliance with the Contract Documents; the Work has been completed in accordance with the Contract Documents; and that equipment and systems have been tested in the presence of the City’s representative and are operational. The City and/or the City’s authorized representatives will make an inspection to verify that the Work is complete and will notify the Contractor in writing of any incomplete or deficient Work. The Contractor will take immediate steps to remedy the stated deficiencies and give notice of correction to the Engineer. Upon receiving a notice of correction, the City or the City’s authorized representatives will re-inspect the Work. The Contractor must correct all punch list items within 30 working days after the issuance of the punch list.

10.3 WORK ACCEPTANCE
A. All finished Work will be subject to inspection and acceptance or rejection by the City, the Engineer, and the Architect or other government agencies having jurisdiction over the Work. Final acceptance of the Work, which is when the City Council directs staff to file a Notice of Completion, will be at the discretion of the City.

B. The City will accept the Work in writing only when the Work has been completed to the City’s reasonable satisfaction. Progress payments will in no way be construed as acceptance of any part of the Work.

C. In evaluating the Work, no allowance will be made for deviations from the Technical Specifications, Project Plans or other Contract Documents unless already approved in writing in accordance with the requirements of Section 4, above.

D. The fact that the Work and materials have been inspected from time to time and that progress payments have been made does not relieve the Contractor of the responsibility of replacing and making good any defective or omitted work or materials in accordance with the requirements of the Contract Documents.

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SECTION 11: REMEDIES AND DISPUTES

11.1 FAILURE TO CORRECT WORK
Within ten (10) working days of receiving written notice from the City describing Work that is defective or that is otherwise not in accordance with the requirements of the Contract and/or applicable law and directing that such Work be corrected, the Contractor and/or the Contractor’s sureties must give the City written notice of the intent of the Contractor and/or the Contractor’s sureties to correct such Work and commence correction of such Work in accordance with the City’s notice and the Contract. If the Contractor and/or the Contractor’s sureties do not give the City written notice of intent to correct such Work and commence correction of such Work within ten (10) working days of receipt of the City’s notice, then the City may correct such work and/or have such work corrected for the account and at the expense of the Contractor and/or its sureties, and the Contractor and/or its sureties will be liable to the City for any resulting excess cost. The City may, in addition to all other remedies that the City may have under the Contract and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the contractor.

11.2 TERMINATION
A. In accordance with California Public Contract Code Section 7105, in addition to all other available remedies that the City may have under the Contract, and at law or equity, the City may terminate the Contract:

1. If the Contractor or any of its subcontractors engaged in the performance of the Work fails to timely perform the Work and/or any of the Contractor’s material obligations under the Contract Documents, including but not limited to submission of an acceptable schedule, that have accrued except for due to reasons beyond the control of the Contractor pursuant to the Contract Documents.

2. If the Contractor is adjudged bankrupt, or if it should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of its creditors.

3. If the Contractor or any of the subcontractors engaged in the performance of the Work persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials for the timely completion of the Work.

4. If the Contractor fails to make prompt payment to subcontractors engaged in the performance of the Work or for material or labor used in the performance of the Work in accordance with the Contract Documents and applicable law.

5. If the Contractor or any subcontractors engaged in the performance of the Work persistently disregards laws or ordinances applicable to the performance of the Work, or the instructions of the City, the Engineer, the Architect, or other authorized representatives of the City.

6. For any reason or for no reason, at the City’s sole discretion.

B. If the City intends to terminate the Contractor’s control of the Work for any of the reasons specified in Section 11-1.102(a) 1 through 5, above, the City will immediately serve written notice to the Contractor and its sureties in accordance with the Contract Documents. Notice of the City’s intent to terminate the Contract G- 44
will be given by registered or certified mail and specify the grounds for termination, the required cure and the time by which the cure must be effected. Upon receipt of notice of the City’s intent to terminate the Contract for any of the reasons specified in Section 11-1.102(a) 1 through 5, the Contractor will have ten (10) days from receipt of the notice or a longer time specified in the notice to cure its default.

If the Contractor does not affect the required cure by the time specified in the notice, the City will issue a written notice of termination to the Contractor and its sureties by registered or certified mail. The notice of termination will specify: that upon receipt of the notice the Contractor’s right to perform or complete the Work, including on behalf of the Contractor’s sureties, is terminated; that the Contractor’s sureties will have the right to take over and complete the Work and perform all of the Contractor’s remaining obligations that have accrued under the Contract; and that if the Contractor’s sureties do not both give the City written notice of their intention to take over and perform the Contract and commence completion of the Work and performance of all of the Contractor’s remaining obligations that have accrued under the Contract within ten (10) days after receipt of notice of termination that the City may declare the Contractor’s sureties in default and take over the completion of the Work or have the Work completed for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties will be liable to the City for any resulting excess cost. The City may, in addition to all other available remedies that the City may have under the Contract Documents and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the Contactor.

C. Upon termination of the Contractor’s control of the Work for any of the reasons specified in Section 11-1.102(a) 1 through 5, the Contractor will, if so directed by the City, immediately remove from the Work site any and all materials and personal property belonging to the Contractor which have not been incorporated in the Work and the Contractor and its sureties will be liable upon their bond for all damages caused the City by reason of the Contractor's failure to complete the Work.

D. Upon termination of the Contractor’s control of the Work for any of the reasons specified in Section 11-1.102(a) 1 through 5, above, the City reserves the right to refuse tender of the Contractor by any surety to complete the Work.

E. If the City completes or has completed any portion of, or the whole of the Work, following termination of the Contractor’s control of the Work for any of the reasons specified in Section 11-1.102(a) 1 through 5, above, the City will neither be liable for nor account to the Contractor or the Contractor’s sureties in any way for the time within which, or the manner in which such Work is performed, or for any changes made in such Work or for the money expended in satisfying claims and/or suits and/or other obligations in connection with completing the Work. If, following termination of the Contractor’s control of the Work for any of the reasons specified in Sections Section 11-1.102(a) 1 through 5, above, the unpaid balance of the Contract Price exceeds the expense of completing the Work, including compensation for additional legal, managerial and administrative services and all other amounts due for the completion of the Work and/or satisfaction of claims of the City and/or others arising out of the Contract and any other charges that apply to the Contractor under the Contract, the difference will be paid to the Contractor.

If such expenses of completing the Work exceed the unpaid balance of the Contract Price, the Contractor or its sureties will pay the difference to the City.

F. If the Contract or Contractor’s control of the Work is terminated for any reason, no allowances or compensation will be granted for the loss of any anticipated profit by G- 45
the Contractor.

G. In accordance with California Government Code Section 4410, in the event a national emergency occurs, and public work being performed by contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of an order or a proclamation of the President of the United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work, then the City and the Contractor may, by written agreement, terminate this Contract. In accordance with California Government Code Section 4411, such an agreement will include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any, which either party will pay to the other or any other person, under the facts and circumstances in the case. Compensation to the Contractor will be determined on the basis of the reasonable value of the work done, including preparatory work. As an exception to the foregoing, in the case of any fully completed separate item or portion of the Work for which there is a separate contract price, the Contract price will control. The parties may in any other case adopt the Contract price as the reasonable value of the work or any portion of the work done.

11.3 CONTRACT DISPUTE RESOLUTION PROCESS
In accordance with Public Contract Code Section 9204, this section shall apply to any claim by a Contractor in connection with the Project.

For purposes of this section:

A. “Claim” means a separate demand by a Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City Engineer under a contract for the Project.

2. Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the contract for the Project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

3. Payment of an amount that is disputed by the City Engineer.

Upon receipt of a claim pursuant to this section, the City Engineer to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City Engineer and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim.

If the City Engineer needs approval from City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City Engineer shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or G- 46
extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City Engineer issues its written statement.

If the Contractor disputes the City Engineer’s written response, or if the City Engineer fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City Engineer shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City Engineer shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City Engineer issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City Engineer and the Contractor sharing the associated costs equally. The City Engineer and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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

Unless otherwise agreed to by the City Engineer and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

This section does not preclude a City Engineer from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

Failure by the City Engineer to respond to a claim from a Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City Engineer’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a City Engineer because privity of contract does not exist, the Contractor may present to the City Engineer a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which G- 47
was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City Engineer shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City Engineer and, if the original Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a City Engineer may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a City Engineer that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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SECTION 12: CONTROLS AND RESTRAINTS

12.1 DESCRIPTION OF WORK
The Work in general consists of the construction of such items of work as required to complete the project in accordance with this Contract, the Project Plans and Technical Specifications.

The estimate of the quantities of work to be done is approximate only, being as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount or any portion of the work as directed by the Engineer.

Incidental items of construction necessary to complete the whole work in a satisfactory and acceptable manner as shown on the Project Plans and as provided for in the Technical Specifications and not specifically referred to in this section, will be understood to be furnished by the Contractor.

12.2 CONSTRUCTION LIMITATIONS
The Contractor will be expected to conduct his or her operations in a manner that creates minimum damage to the natural vegetation and landscape. Care must be exercised to avoid hazards that may cause injury to persons, animals or property either during working hours of after work hours, which will include dust control, backfilling trenches immediately following pipe laying and temporary fencing as required. Excavation made under the Contract must be backfilled before leaving the work for the night.

The Contractor will be responsible for obtaining permission from the property owners for any construction outside of the Work site or easements as shown on the plans.

Equipment will be restricted to the immediate area of construction, pipe trenches will be backfilled as soon as possible.

Receptacles for construction residue, including oil, cleaning fluids, and litter, must be covered. Such residues must be disposed of in a proper manner.

Construction activity within the existing right-of-way must be scheduled to minimize traffic inconvenience and safety hazards to motorists, pedestrians and cyclists.

12.3 ORDER OF WORK
When required by the special provisions or plans, the Contractor shall follow the sequence of operations as set forth therein. Full compensation for conforming to those requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

12.4 STORM WATER POLLUTION PREVENTION
Unless otherwise stated in the project documents, the Contractor must perform the Work in compliance with all applicable requirements of the California State Water Resources Control Board pursuant to Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 (“General Permit”) adopted pursuant to regulations adopted by the U.S. Environmental Protection Agency (USEPA) on November 16, 1990 and codified in 40 Code of Federal Regulations Parts 122, 123, 124. The General Permit applies to storm water discharges from construction sites that disturb land equal to or greater than one acre, and as such is required for this project. The Contractor shall develop and implement a storm Water Pollution Prevention Plan (“SWPPP”) that specifies Best Management Practices (“BMPs”) which will prevent all construction pollutants from contacting storm water and G- 50
with the intent of keeping all products of erosion from moving off site into receiving waters. At a minimum, the SWPPP shall include the following Best Management Practices (BMP’s):

A. Pollution Prevention BMPs: The SWPPP shall identify all construction sites and staging activities; work schedules; temporary storage and borrow areas; construction materials handling and disposal; dewatering and treatment and disposal of groundwater removed from excavations; discharge locations and methods; and final stabilization and cleanup measures.

B. Erosion Control: BMPs shall be included to stabilize exposed soils, minimize offsite runoff, remove sediment from onsite runoff before it leaves the site, slow runoff rates across construction sites, and identify post construction soil stabilization BMPs. Appropriate temporary and long-term seeding, mulching, and other erosion control measures shall be identified.

C. Good Housekeeping Measures: BMPs shall be included to reduce exposure of construction sites and materials storage to storm water runoff, including tracking control facilities, equipment washing, litter and construction debris, designated refueling and equipment inspection/maintenance practices, and hazardous material spill control and response measures.

D. BMP Inspection and Monitoring: The SWPPP shall describe clear objectives for evaluating environmental compliance. Inspection and monitoring protocols, environmental awareness training, contractor and agency roles and responsibilities, reporting procedures, and communication protocols shall be identified.

Portions of the Work that may be subject to the General Permit include, but are not limited to clearing, grading, stockpiling and excavation.

Prior to commencing performance of the Work, the Contractor must prepare and file a Notice of Intent to obtain coverage under the General Permit, a vicinity map, and the applicable fee, with the California State Water resources Control Board, Division of Water Quality, Storm Water Permit Unit, P.O. Box 1977, Sacramento, California 95812- 1977.

Prior to commencing performance of the Work the Contractor must also prepare a SWPPP in accordance with all applicable requirements of the General Permit and submit the SWPPP to the Engineer for approval.

The SWPPP must include a Project site map. Geometric equations, notes, details, and all data not related to water pollution control work shall be removed to provide clarity. A copy of the Project Plans must be used as a base plan, with the pertinent stage of construction shown as an overlay to accurately reflect Project Site conditions at various phases of construction.

The Contractor must revise and update the SWPPP, and submit the revisions to the Engineer for approval, whenever there is a change in construction operations that may affect the site drainage patterns or discharge of pollutants to surface waters, groundwaters, or a separate municipal storm sewer system.

Any fines, damages, Work delays or other impacts that result from failure of the Contractor or privities or agents of the Contractor to fully comply with the requirements of the General Permit or to fully implement the SWPPP will be solely the responsibility of the Contractor.

The Contractor must keep a copy of the General Permit, together with updates and revisions, at the Project Site and provide copies of the SWPPP at the request of the City.

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12.5 MAINTAINING TRAFFIC AND PEDESTRIAN OPERATIONS
The Contractor must so conduct his or her operations so as to cause the least possible obstruction and inconvenience to public traffic. Unless otherwise approved by the Engineer, all traffic must be permitted to pass through the Work.

Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the Work area with an absolute minimum of interruption or impedance unless otherwise provided for in the Special Provisions or approved in writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of Work at all times.

Residents affected by construction must be provided passage and access through the Work area to the maximum extent possible. Where existing driveways occur on the street, the Contractor must make provisions for the trench crossings at these points, either by means of backfill or by temporary bridges acceptable to the Engineer, so that the length of shut-down of any driveway is kept to a minimum. In addition, all driveways must be accessible at the end of each workday, and no driveway or property access may be closed for more than four (4) hours during the workday or as allowed by the City.

Access to driveways, houses, and buildings along the road or street must be as convenient as possible and well maintained, and all temporary crossings must be maintained in good condition. To minimize the need for and complexity of detours, not more than one crossing or street intersection or road may be closed at any one time without the written approval of the Engineer. All detour signs must have name of streets that direct the motorist.

The Contractor must provide multiple, advance written notices of closures to all affected property owners in a form approved by the Engineer.

Except as otherwise approved by the Engineer, the stockpiling or storing of material in City streets or right of way shall be prohibited. Where this is unavoidable, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage.

Where approved in advance by the Engineer, the Contractor must construct and maintain detours for the use of public traffic at his or her own expense. Failure or refusal of the Contractor to construct and maintain detours so approved at the proper time will be a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity. Such remedies include, but are not limited to, termination pursuant to Section 11.

Throughout performance of the Work the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays and holidays.

The Contractor will be responsible for keeping all emergency services, including the Newark police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of his or her operations.

The Contractor must comply with the State of California, Department of Transportation Manual of warning signs, lights, and devices for use and performance of work within the job site.

The fact that rain or other causes, either within or beyond the control of the Contractor, may force suspension or delay of the Work, shall in no way relieve the Contractor of his G- 52
or her responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Contractor must, at all times, keep on the job such materials, force and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary.

Full compensation for conforming to the requirements of this section will be deemed included in the prices paid or the various Contract items of Work and no additional allowances will be made therefore.

12.6 PUBLIC SAFETY
The Contractor must at all times conduct the Work in accordance with Construction Safety Orders of the Division of Industrial Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.

No pedestrian or vehicle access way may be closed to the public without first obtaining permission of the Engineer.

Should the Contractor fail to provide public safety as specified or if, in the opinion of the Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor’s operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to, administrative costs.

Nothing in this section will be construed to impose tort liability on the City or Engineer.

12.7 PROTECTION OF EXISTING FACILITIES AND PROPERTY
The Contractor must notify Underground Service Alert (USA) for marking the locations of existing underground facilities.

Subject to Section 5 of these General Provisions, the Contractor must take all necessary measures to avoid injury to existing surface and underground utility facilities in and near the Work site. Subject to Section 5 of these General Provisions, no error or omission of utility markouts will be construed to relieve the Contractor from his responsibility to protect all underground pipes, conduits, cables or other structures affected by the work.

The existing underground facilities in the area of Work may include telephone, television and electrical cables, gas mains, water mains, sewer pipe and drainage pipe. The various utility companies must be notified before trenching begins and at such other times as required to protect their facilities. Subject to Section 5 of these General Provisions, all underground facilities must be located and exposed ahead of trenching to prevent damage to the facilities, and to determine the depth and character of all facilities that cross or infringe on the trench prism. The Contractor must immediately notify the Engineer of any facilities found. If damage should occur to the existing facilities, the utility company and the City must be notified immediately and, subject to Section 5 of these General Provisions, repairs acceptable to the utility company must be made at the Contractor’s expense.

The Project Plans show the underground utilities on the site of the construction insofar as they are known to the City. The drawings may not show facilities apparent from visual inspection of the site or service laterals or appurtenances, the existence of which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc. on or adjacent to the construction site.

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If in the performance of the Work an existing utility is encountered that is not shown on the Project Plans and is not apparent or inferable from visual inspection of the Project site, the Inspector must be notified immediately. The Engineer will determine, subject to Section 5 of these General Provisions, whether the Project Plans or Technical Specifications should be modified, or whether the existing utility should be relocated or whether the Contractor must work around the existing utility. Subject to Section 5 of these General Provisions, the Contractor must replace, at his or her own expense, in as good condition as they were prior to the start of construction, all existing improvements and surroundings damaged by his or her operation. Reconstruction of all existing improvements must conform to the City Standards under the direction of and subject to the acceptance by the Engineer.

Subject to Section 5 of these General Provisions, should the Contractor fail to take adequate measures to avoid injury or damage to the facilities described above, the City may take any actions necessary to protect such facilities from the Contractor’s operations. Subject to Section 5 of these General Provisions, the City may withhold the cost of injury to existing surface and underground utility facilities in and near the Work site from amounts due or that may become due the Contractor.

12.8 PRECONSTRUCTION CONFERENCE
A pre-construction conference will be scheduled, at which time the Contractor must present his or her proposed work schedule in accordance with Section 3.8 of these General Provisions, information concerning offsite yards, subcontractors, location of disposal and stock pile areas, and traffic control plans. All such schedules will be subject to the approval of the Engineer and the applicable agencies

12.9 OWNER NOTIFICATION
The Contractor must notify all property owners and businesses affected by the Work at least 48 hours before Work is to begin. The notice must be in writing in the form of a door hanger, and must indicate the Contractor’s name and phone number, type of work, day(s) and time when Work will occur. Notices must be reviewed in advance and approved by the City.

12.10 EMERGENCY SERVICE PROVIDERS NOTIFICATIONS
The Contractor must furnish the name and phone number of a representative that can be contacted in the event of an emergency. Said information must be reported to the City Police Department dispatcher, and updated as required to provide 24-hour phone access.

12.11 CLEAN UP
Attention is directed to Section 4-1.13 of the Caltrans Standard Specifications, which section is made a part of this Contract.

Before final inspection of the work, the Contractor must clean the construction site and all ground occupied by him in connection with the work, of all rubbish, excess material, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition.

Nothing herein shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the Engineer.

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12.12 PAYMENT
Unless otherwise noted, payment for all work and work requirements specified in these Special Provisions shall be considered as included in the Contract Price and no additional allowances shall be made therefore.

12.13 CONSTRUCTION STAKING
Attention is directed to Section 3.9 of these General Provisions for information on Construction Staking.

12.14 MATERIALS TESTING ALLOWANCE
Attention is directed to Section 3.10 of these General Provisions for information on Materials Testing Allowance.

12.15 OBSTRUCTIONS
Attention is directed to Section 15, “Existing Facilities”, of the Caltrans Standard Specifications, which section is made a part of this Contract; except that, references to the following section of the Caltrans Standard Specifications are hereby deleted; this section is not a part of this Contract: 9-1.04, “Force Account.” Attention is directed to the existence of overhead and underground power, telephone, and television cable poles, underground sewer mains and laterals, underground gas mains, and underground water mains and laterals within the area in which construction is to be performed.

Prior to starting work, the Contractor must (a minimum of 2 working days in advance) call Underground Service Alert (USA), toll free, at (800) 642-2444 and provide USA with all necessary data relative to the proposed work. USA will accept calls and process information to participating agencies who have underground facilities in the area between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays. Between the hours of 5:00 p.m. and 8:00 a.m. calls will be recorded and then processed after 8:00 a.m. For emergency situations, after hours and on Saturdays, Sundays and holidays, the Contractor shall contact the organization owning the affected facility. Upon notification, agencies having facilities in the area of the proposed excavation will mark their locations in the field using USA standard colors and codes to identify the facility.

The Contractor will be required to work around public and private utility facilities and other improvements that are to remain in place within the construction area and he will be held liable to the owners of such facilities or interference with service resulting from his operations.

12.16 HOURS OF WORK
Unless otherwise specified herein, all construction activity, except for emergency situations, will be confined to Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., to minimize nuisances to local residents. Mufflers and/or baffles will be required on all construction equipment to control and minimize noise. The Contractor must comply with all applicable noise regulations in the City’s Zoning Ordinance.

Saturday, Sunday, holidays and overtime shall not be regarded as working days. Work shall not be allowed on non-working days without the expressed approval of the Engineer. The Contractor shall make a request for approval in writing with the stipulation (implied or expressed) that the Contractor shall pay for all overtime labor charges at the rate of $65 per hour per inspector and/or resident engineer. The Contractor shall be responsible for overtime after an eight hour day for City staff (8:00 a.m. to 4:30 p.m.).

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All overtime labor charges shall be deducted from the final payment along with any liquidated damages. The City retains the right to invoice during the project.

Work necessary for the proper care and protection of work already performed or in case of emergency may be allowed without permission of the Engineer.

12.17 DUST CONTROL
The Contractor must furnish all labor, equipment, and means required and carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance. The Contractor will be responsible for any damage resulting from any dust originating from the performance of the Work. The use of water resulting in mud on streets, sidewalks, or driveways, will not be permitted as a substitute for sweeping or other methods of dust control. The Contractor may not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.

Dust control must conform to the provisions in Section 18, “Dust Palliatives”, of the Caltrans Standard Specifications, which section is made a part of this Contract No separate payment will be made to the Contractor for controlling dust, whether caused by construction traffic or by public traffic only. Full compensation for dust control will be considered as included in the Contract Price and no additional compensation will be allowed therefore.

12.18 SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 7-1.01I, “Sound Control Requirements,” of the Standard Specifications and these Specifications.

The noise level from the Contractor’s operations, between the hours of 7:00 a.m. and 5:00 p.m., shall not exceed 70 dBA at a distance of 50'. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings, except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed.

12.19 PUBLIC CONVENIENCE
Section 7-1.08, "Public Convenience," of the Standard Specifications is hereby modified regarding responsibility for damage by public traffic on any section of roadway open to public traffic. The Contractor shall be fully responsible for any damage to temporary or permanent facilities caused by public traffic and shall repair such damage to the satisfaction of the Engineer within the limits of the project. Such responsibility shall remain with the Contractor until all work, including punch list deficiencies, is complete and ready for acceptance by the Engineer.

12.20 PUBLIC SAFETY
The Contractor shall comply with the provisions of Section 7-1.09, “Public Safety,” of the Standard Specifications.

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12.21 HIGHWAY CONSTRUCTION EQUIPMENT
Attention is directed to Sections 7-1.01D, "Vehicle Code," and 7-1.02, “Load Limitations,” of the Standard Specifications and these Specifications.

Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him/her or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.

12.22 CONSTRUCTION UTILITIES
Power, sewer and water for construction purposes is the responsibility of the Contractor. The Contractor may obtain a construction water meter permit from the City.

No separate payment will be made to the Contractor for construction utilities, and full compensation for construction utilities will be considered as included in the Contract Price and no additional compensation will be allowed therefore.

12.23 SANITARY PROVISIONS
The Contractor must provide all sanitation facilities for the use of its labor forces.

No separate payment will be made to the Contractor for sanitation needs and provisions.

Full compensation will be considered as included in the Contract Price and no additional compensation will be allowed therefore.

12.24 PROTECTION AND RESTORATION OF VEGETATION
Trees, lawns, shrubbery and vegetation that are not to be removed must be protected from damage or injury. Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor’s operations, must be replaced by the Contractor in accordance with the requirements in Section 20-4.03F, “Replacement Plants”, of the Caltrans Standard Specifications. Section 20-4.03F of the Caltrans Standard Specifications is made a part of this Agreement.

When it is necessary to excavate adjacent to existing trees, shrubs, or hedges, the Contractor must use all possible care to avoid injury to the trees, shrubs, or hedges and their roots. No roots or limbs two inches (2") or larger in diameter may be cut without the express approval of the Engineer.

All roots two inches (2") in diameter and larger left in place must be wrapped with burlap to prevent scarring or excessive drying. When it is necessary to cut limbs and branches of trees to provide clearance for equipment used in construction, the Contractor must repair the damaged areas by properly painting with an emulsified asphalt type seal. All cuts through 1/2" or larger roots and limbs must be hand trimmed and cleanly cut before being repaired.

12.25 CULTURAL RESOURCES
In accordance with the National Historic Preservation Act of 1966 (U.S.C. 470), the procedures in Sections 12.21.2, 12.21.3, 12.21.4, and 12.21.5 are implemented to insure the protection of cultural resources and fair compensation to the Contractor for delays attendant to the cultural resources investigation. Contractor hereby agrees to comply with these procedures.

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12.25.1 SURPLUS MATERIAL
All material removed or excavated during the course of construction will be surplus. All surplus material will be the property of the Contractor and be disposed of outside the right-of-way, unless the City elects to salvage certain objects that are determined to be of historical interest. The City reserves the right of ownership of all objects that it elects to salvage, and the Contractor must protect such objects from subsequent damage until delivered unto the care of the owner.

12.25.2 HISTORICAL FINDS
In the event potential historical, architectural, archeological, or cultural resources (hereinafter called cultural resources) are discovered during subsurface excavations at the site of construction, the following procedures will apply:

A. The Contractor must immediately notify the Engineer and stop any Work which may jeopardize the find pending an investigation of its significance;
B. The Engineer will select a qualified archeologist (such as through the Northwest Information Center at Sonoma State University or other official contact) and wait for an archaeologist to complete an evaluation of significance before continuing Work in that area.

C. The Engineer will supply the Contractor with a “Stop Work Order” directing the Contractor to cease all portions of the Work that the Engineer determines may impact the find. The “Stop Work Order” will be effective until a qualified archaeologist assesses the value of the potential cultural resources. The “Stop Work Order” will contain the following:

1. A clear description of the Work to be suspended;

2. Any instructions regarding issuance of further orders by the Contractor for materials services;

3. Guidance as to action to be taken regarding subcontractors;

4. Any direction to the Contractor to minimize costs; and

5. Estimated duration of the temporary suspension.

D. If the archaeologist determines the potential find is a bonafide cultural resource, the Engineer may extend the duration of the “Stop Work Order” in writing, and if so the “Stop Work Order” will remain in effect and Work subject to the “Stop Work Order” may not resume work until authorized by the Engineer.

12.25.3 CULTURAL RESOURCES INDICATORS
Possible indicators that a cultural resource has been found include, but are not limited to the following:

A. Prehistoric-era archaeological site indicators: obsidian tools, tool manufacture waste flakes, grinding and other implements, dwelling sites, animal or human bones, fossils, and/or locally darkened soil containing dietary debris such as bone fragments and shellfish remains;
B. Historic-era site indicators; ceramic, glass, and/or metal.

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12.25.4 ENGINEER’S DISCRETION
Once possible cultural resources are found at the Work site, the Engineer may use discretion to continue the work, regardless of the cultural resource find, if the Engineer determines that there are overriding considerations such as the instability of the excavation site, that there are weather or other conditions which would preclude leaving the site exposed, or if the site would be unsafe to workers who would retrieve cultural resource items from therein.

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SECTION 15: CONSTRUCTION & DEMOLITION WASTE COLLECTION & RECYCLING

15.44.030 CONSTRUCTION & DEMOLITION DEBRIS RECYCLING
All covered projects identified in Section 15.44.040 shall meet the mandatory construction waste management requirements in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. (Ord. 422 (part), 2007) (Ord. No. 540, § 2(Exh. A), 5-25-2023)

15.44.040 COVERED PROJECTS SUBJECT TO CONSTRUCTION AND DEMOLITION

DEBRIS RECYCLING
Covered Projects. Covered projects shall be any construction, addition, alteration, and demolition projects that are subject to the mandatory measures, in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code.

City-Covered Projects. All city construction, alteration, renovation, or demolition projects shall be subject to the non-residential mandatory measures, found in the most current version of the construction waste reduction, disposal and recycling sections of the California Green Building Standards Code. Specific diversion requirements for city projects may also be reflected in the bid specifications by the city. (Ord. 422 (part), 2007) (Ord. No. 540, § 2(Exh. A), 5-25-2023)

15.44.050 WASTE MANAGEMENT PLAN
When required by this chapter, applicants shall complete a waste management plan (WMP) on a form provided by the city which the community development director shall review and approve prior to the issuance of any permit associated with such WMP. At the conclusion of a project which required the submission of a WMP, the city shall review the completed WMP.

CITY OF NEWARK

SILLIMAN AQUATIC CENTER

IMPROVEMENTS
6800 Mowry Avenue
Newark, CA 94560

PROJECT MANUAL
OCTOBER 2025
PREPARED BY:

AQUATIC DESIGN GROUP, INC.
2226 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008
TEL 760-438-8400
FAX 760-438-5251

TABLE OF CONTENTS

CONSTRUCTION SPECIFICATIONS

SILLIMAN AQUATIC CENTER IMPROVEMENTS

INTRODUCTORY INFORMATION
000001 Title Page
000100 Table of Contents

SPECIFICATIONS
DIVISION 1 – GENERAL CONDITIONS
011100 Summary of Work
013300 Submittals and Substitutions
015000 Temporary Facilities and Controls
017700 Project Closeout
DIVISION 2 – SITE WORK
020500 Demolition
DIVISION 3 - CONCRETE
(No Sections Listed)
DIVISION 4 – MASONRY
(No Sections Listed)
DIVISION 5 – METALS
(No Sections Listed)
DIVISION 6 – WOOD AND PLASTICS
(No Sections Listed)
DIVISION 7 – THERMAL AND MOISTURE PROTECTION
(No Sections Listed)
DIVISION 8 – DOORS AND HARDWARE
(No Sections Listed)
DIVISION 9 – FINISHES
(No Sections Listed)
DIVISION 10 – SPECIALTIES
(No Sections Listed)
DIVISION 11 – EQUIPMENT
(No Sections Listed)
DIVISION 12 – FURNISHINGS
(No Sections Listed)
DIVISION 13 – SPECIAL CONSTRUCTION
131100 Swimming Pool General Requirements
131102 Swimming Pool Concrete
131104 Swimming Pool Ceramic Tile
131105 Swimming Pool Plaster
131106 Swimming Pool Equipment
131107 Swimming Pool Mechanical
131108 Swimming Pool Electrical
DIVISION 14 – CONVEYING SYSTEMS
(No Sections Listed)
DIVISION 15 – MECHANICAL
(No Sections Listed)
DIVISION 16 – ELECTRICAL
(No Sections Listed)

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SUMMARY OF WORK
011100 - 1
SECTION 011100

SUMMARY OF WORK
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the contract, the general and supplementary conditions and Division 1 specification sections which apply to work of this section as if printed herein.

1.02 DESCRIPTION
A. Section Includes:

1. Description of the Work (refer to 1.03).

2. Duties of the Contractor (refer to 1.04).

3. Permits and fees (refer to 1.06).

4. Layout of work (refer to 1.07).

1.03 WORK COVERED BY CONTRACT DOCUMENTS
A. This project consists of the removal / demolition of the existing swimming pool finishes, select tile and fittings as noted and other miscellaneous items shown on plans.

Installation of new swimming pool tile and plaster finishes, installation of new UV system, and other items as shown on plans. All other items as required to provide a completely operational aquatic facility. Project is located at Silliman Aquatic Center, 6800 Mowry Avenue, Newark, CA 94560.

B. Work of this contract generally consists of demolition, new construction and such other items not mentioned that are required by the Contract Documents, law and governmental codes and regulations.

C. For convenience, the Specifications are divided into sections as set forth in the Table of Contents, but such segregation shall not be considered as limiting the work of any subcontract or trade, and the Owner will not be responsible for any division of work by subcontracts. Unless otherwise provided, the Contractor shall be solely responsible for all subcontract arrangements of work regardless of the locations of provisions in the Specifications.

D. Compensation for bid items not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the plans or staked in the field.

There shall be no compensation except for bid items specified in the Bidder's Proposal.

The cost of all work in the Contract Documents not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the Contractor by nature of compliance with the Contract Documents except as provided for in the General Conditions of the Contract for Construction, under "Changes in the Work."

1.04 CONTRACTOR DUTIES

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AQUATIC DESIGN GROUP SUMMARY OF WORK
011100 - 2
A. Construct the work under a single prime contract in strict conformity with the Contract Documents.

B. Accept the site and the character of the work as they exist on the first day of work under this Contract.

C. Coordinate work of employees and subcontractors.

D. Expedite the work to assure compliance with schedules.

E. Coordinate the work with that of other contractors and work done by the Owner.

F. Comply with orders and instructions of the Owner's Representative.

1.05 CONTRACTOR FURNISHED PRODUCTS
A. Contractor Responsibilities:

1. Designate needed submittals and delivery date for each product in progress schedule. Coordinate deliveries with Owner's Representative.

2. Receive product(s) at site. Store until incorporated into the work.

3. Inspect deliveries jointly with Owner's Representative, record shortages and damaged or defective items.

4. Protect product(s) from damage, theft and from exposure to the elements.

5. Assemble, install, connect, adjust and/or finish product(s) as required under provisions of the Contract Documents.

6. Repair or replace products damaged or stolen subsequent to receipt, at no cost to the Owner.

1.06 PERMITS AND FEES
A. The Contractor shall obtain and pay for all permits, fees and licenses required by all government agencies and necessary for successful completion of the work. The Contractor shall maintain copies of all required permits on site and shall, upon request, furnish the Owner with copies thereof.

1.07 LAYOUT OF WORK
A. Field surveys for control of all grading and construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made thereof. Bench marks shall be provided by the Owner as shown on Drawings.

PART 2 - PRODUCTS

NOT USED
PART 3 – EXECUTION

NOT USED

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SUMMARY OF WORK
011100 - 3

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SUBMITTALS
013300 - 1
SECTION 013300

SUBMITTALS
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the contract, the general and supplementary conditions and Division 1 specification sections which apply to work of this section as if printed herein.

1.01 DESCRIPTION
A. Section Includes:

1. Submit to the Architect shop drawings, product data and samples required under the various Sections of these Specifications.

2. Prepare and submit with Construction Schedule, a separate schedule, listing dates for submission and dates reviewed shop drawings, product data and samples will be needed for each product.

1.02 PRODUCT HANDLING
A. Make all submittals of Shop Drawings, Samples, and requests for substitution in accordance with the provisions of these Specifications.

PART 2 - PRODUCTS

2.01 SCHEDULE OF SUBMITTALS
A. Compile a complete schedule of all submittals required for the project, complete with major division and subdivision headings and broken into individual trades. Format shall be 8-1/2" x 11". The schedule shall be in such a form as to allow for notations next to each required submittal including, but not necessarily limited to, submission dates, action taken, approvals and re-submittals. Submit such a schedule to the Architect for his comments and approval. The approved Schedule of Submittals shall be kept current at all times and an updated copy shall be kept in the Project Field Office for review.

2.02 SHOP DRAWINGS AND PRODUCT INFORMATION SUBMITTALS
A. Unless otherwise specifically directed by the Architect, make all Shop Drawings accurately to a scale sufficiently large to show all pertinent features of the item and its' method of connection and interface to the Work.

B. Submit all Shop Drawings in the form of four (4) blueline prints of each Shop Drawing. In the case of Product Information, submit no less than four (4) copies for review. Where contents of submitted product information include data not pertinent to the submittal, clearly indicate which portion is being submitted for review.

C. Submittals are required on all items to ensure the latest and most complete manufacturer's data is available. The Contractor assumes full responsibility for problems which could have been noted on valid submittals not furnished.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
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AQUATIC DESIGN GROUP SUBMITTALS
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D. In the event that an item or items specified by the Architect will not be available in time for installation during orderly progress of the Work, so notify the Architect prior to receipt of bids. Verify that all items specified will be available. Costs of delays because of nonavailability of materials will be back-charged as necessary and shall not be borne by the Owner.

E. Of the four (4) bluelines required; two bluelines will be returned to the Contractor upon completion of the Architect’s review, one will be sent to the Owner and the other will be kept on file in the Architect's office.

2.03 SAMPLES
A. Unless otherwise specifically directed by the Architect, all Samples shall be of the precise article proposed to be furnished.

B. Submit all Samples in the quantity which is required to be returned, plus one (1) which will be retained by the Architect.

2.04 CALCULATIONS
A. Where required, the Contractor shall retain a licensed Civil or Structural Engineer to provide structural calculations sufficient to show the adequacy of all members and connections to be reviewed.

2.05 COLORS
A. Unless the precise color and pattern is specifically described in the Contract Documents, whenever a choice of color or pattern is available in a specified product submit accurate color charts and pattern charts to the Architect for his review and selection.

B. Unless all available colors and patterns have identical costs and identical wearing capabilities and are identically suitable for the installation, completely describe the relative costs and capabilities of each.

2.06 MANUALS
A. Where manuals are required to be submitted upon completion of the installation, prepare all such manuals in durable plastic binders approximately 8-1/2" x 11" in size and with at least the following features:

1. Identification readable through the outside of the cover, stating the general nature of the manual and the project to which it pertains.

2. Neatly typewritten Index near the front of the manual, furnishing immediate information as to location in the manual of all data regarding the installation.

3. Complete instruction regarding operation and maintenance of all equipment involved.

4. Complete nomenclature of all replaceable parts, their part numbers, current cost and name and address of the Vendors of the parts.

5. Copy of all guarantees and warranties issued on the installation.

6. Copy of the approved Shop Drawings with all data concerning changes made during construction.

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B. Where contents of manuals include manufacturer's catalog, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturer's data with which this installation is not concerned.

C. Unless otherwise specifically directed by the Architect, deliver two (2) copies of the manual to the Owner and one (1) copy to the Architect.

2.07 RECORD DRAWINGS
A. Where required by the Contract Documents or where changes to the Contract Documents have been made by change order, revision to clarification drawings, or where minor changes to the Contract were required because of unforeseen conditions or as may be required by the Architect, prepare accurate Record Drawings indicating all pertinent data and dimensions necessary to adequately describe the contract deviations to the Owner for his future use.

2.08 SUBSTITUTIONS
A. Reference in the Contract Documents to any material, product, or process by name, make or catalog number shall be interpreted as establishing a standard of quality and design intent and not construed as prohibiting substitutions of any other such material, product, or process, provided such substitution is specifically approved by the Architect prior to receipt of bids. Requests for substitutions shall be submitted no later than ten (10) working days prior to bid date.

B. Acceptance of substitutions will not relieve the Contractor from responsibility for complying with the Contract Documents.

C. At the discretion of the Architect, testing of samples of materials proposed for substitutions may be required. The testing shall be done by an independent testing laboratory selected by the Owner, the costs of which shall be borne by the Contractor.

D. At the discretion of the Architect, the Contractor may be required to furnish a written guarantee, in addition to that already required, ensuring the satisfactory performance of the proposed substitutes.

E. All additional labor and materials which may be required for the proper installation of any substitution, or required as a consequence of any substitution, will be provided at no additional cost to the Owner.

F. Bids shall be based upon the data given in the Contract Documents, or upon previously approved items or techniques as "approved equals" by the Architect. Where calculations or shop drawings are required for approval, allowance shall be made for meeting the requirements of the Contract Documents and all applicable codes and ordinances.

G. Bidders may, in addition, submit separate bids using materials and equipment of other manufacturers, providing the difference in cost is stated for each item proposed to be substituted.

H. Provide to the Architect all information necessary and required to evaluate proposed substitutions. Do not base bid on the assumptions that a material will be approved as

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OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SUBMITTALS
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equal by the Architect unless the item has been specifically approved for this Work by the Architect prior to the receipt of bids.

I. The Contractor assumes full responsibility that substituted items or procedures will meet the job requirements and is responsible for the cost of redesign and of modifications to this and all other parts of the work caused by substituted items.

J. Submittals will be checked for general conformance with the design concept of the project, but acceptance does not guarantee quantities shown and does not supersede requirements to properly install work. Submittals for proposed alternatives will be judged not only for the acceptability of the items themselves, but of the items as they are used under the conditions of this particular project.

PART 3 - EXECUTION

3.01 IDENTIFICATION OF SUBMITTALS OR SUBSTITUTIONS
A. Completely identify each submittal and re-submittal by showing at least the following information:

1. Name and address of entity submitting information, plus name and telephone number of individual who may be contacted for further information.

2. Name of project for this Work.

3. Drawing number and Specification Section number to which the submittal applies.

4. Number of all submittals sequentially, whether this is an original submittal or a resubmittal, and if a re-submittal, what number re-submittal.

3.02 COORDINATION
A. Prior to submittal for Architect's review:

1. Fully coordinate all submittals by determining and verifying all field dimensions and conditions, materials, catalog numbers, and similar data.

2. Coordinate as required with all other trades and with all public agencies involved.

3. Secure all necessary prior approvals and signify by stamp, or other means, that they have been secured.

4. Clearly indicate all deviations from Contract Documents.

3.03 TIMING OF SUBMITTALS
A. Make all submittals within ten (10) days of the date of the award of the contract for the Work, and far enough in advance of scheduled dates of installation to provide adequate time for all required reviews, both by the Architect and his consultants, for securing necessary approvals, for possible revision and re-submittal, and for placing of orders and securing delivery. In scheduling, allow a minimum of ten (10) full working days for the Architect’s review. Cost of delays occasioned by the tardiness of submittals will be backcharged as necessary.

3.04 ARCHITECT’S REVIEW
A. The Architect's review will be only for conformance with the design concept and with the information given in the Contract Documents. The Architect's review and approval of Shop Drawings and Samples shall not relieve the Contractor of responsibility for deviation

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OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SUBMITTALS
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from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation, nor shall the Architect's approval relieve the Contractor from responsibility for errors and omissions in the Shop Drawings and Samples. Should the Architect be required to review any submittal more than three (3) separate times due to the inadequacy of the submittal and due to no fault of the Architect, the Contractor shall render to the Architect the Architect's direct cost for review of all subsequent re-submittals.

3.05 COMPLIANCE WITH APPROVALS
A. Do not commence any portion of the Work requiring approval of Shop Drawings or Samples by the Architect until the submittal has been approved by the Architect. All such portions of the Work shall be in accordance with the approved Shop Drawings and Samples.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP TEMPORARY FACILITIES & CONTROLS
015000 - 1
SECTION 015000

TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the contract, the general and supplementary conditions and Division 1 specification sections which apply to work of this section as if printed herein.

1.01 DESCRIPTION
A. Section Includes: Temporary facilities and controls required for this work include, but are not limited to: temporary utilities such as water, electricity and telephone; field offices and sheds; haul roads; enclosures such as fences, barricades, and canopies; sanitary facilities; scaffolding and safety equipment. All such temporary facilities shall be located for convenience and safety and maintained in a safe and sanitary condition at all times until completion of the Contract, then removed from the site and disposed of as required or as directed.

1.02 COMPLIANCE WITH CODES AND REGULATIONS
A. Compliance with all requirements of pertinent safety regulations is described in the General Conditions of the Contract for Construction and shall include, but not necessarily be limited to: Federal Occupational Health Administration (OSHA) and the 2022 California Building Code (with California Amendments) and ADA (American Disability Act).

1.03 PRODUCT HANDLING
A. Use all means necessary to maintain all temporary facilities and controls in proper and safe condition throughout progress of the work. In the event of damage or loss, immediately make all repairs and replacements necessary and at no additional cost to the Owner.

PART 2 - PRODUCTS

2.01 TEMPORARY UTILITIES
A. General:

1. Provide and pay all costs for all utilities required for performance of the work.

2. Provide safe distribution of required utilities to the job areas for use of all trades.

B. Temporary Water: Furnish and install all necessary temporary piping and, upon completion of the work, remove all such temporary piping.

C. Temporary Electricity: Furnish and install all necessary temporary wiring; furnish and install distribution boxes within 100 feet of each portion of the work so located that the individual trades may use their own construction-type extension cords to obtain adequate power and lighting at all points where required by inspectors and for safety.

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OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP TEMPORARY FACILITIES & CONTROLS
015000 - 2
D. Telephone: Maintain in the Contractor's field office or in a protected location on the job site for the use of the subcontractors; the telephone may be coin operated.

2.02 ACCESS FACILITIES
A. The Contractor shall provide access facilities to the construction area as are necessary and required for carrying out the work and the same shall be kept passable at all times.

Contractor shall be responsible for any damage to streets, curbs and sidewalks due to the use of such facilities, and such damaged portions shall be repaired as required to place them in the same condition as existed prior to the commencement of the work.

Contractors shall comply in every respect with applicable Building Codes regarding the use of public streets and sidewalks and provide the proper barricading and lighting of public thoroughfares surrounding the construction activities.

2.03 ENCLOSURES, FENCES, BARRICADES AND CANOPIES
A. Furnish, install, and maintain for the duration of construction, all required scaffolds, fences, barricades, canopies, warning signs, steps, bridges, platforms and other temporary construction necessary for proper completion of the work in compliance with all pertinent safety regulations. In addition, it is recommended that all existing improvements which are not to be altered or removed be protected by means of temporary barricades or other suitable means.

2.04 PUMPING
A. Keep the site, excavations, and structures free of accumulation of water at all times, whether from underground seepage, rainfall, drainage, or broken utility lines.

2.05 SANITARY FACILITIES
A. Furnish and install all required temporary toilet buildings with sanitary toilets for use of all workmen. Comply with all minimum requirements of the Health Department or other public agency having jurisdiction. Maintain in a sanitary condition at all times.

2.06 FIRE PROTECTION
A. Temporary fire extinguishers shall be provided and available at the job site in accordance with the appropriate NFPA Bulletins and good practice.

PART 3 - EXECUTION

3.01 SPECIAL CONDITIONS OF THE SITE
A. The area to be set aside for the use of the Contractor is indicated on the Drawings as "Limit of Work." Except for sub-surface utility work, curb and gutter, temporary roads and any other work specifically shown or noted, the Contractor shall confine his exterior operations within the limits-of-work so indicated.

B. Work shall not proceed for the site or buildings until all temporary work such as utilities, barricades, field office and sanitary facilities are furnished and installed.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP TEMPORARY FACILITIES & CONTROLS
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C. Parking of vehicles by construction personnel shall be limited to areas outside the limitsof-work in locations as designated by the Owner's Representative.

3.02 MATERIAL STORAGE AND PROTECTION
A. During the progress of the work, products and materials shall be neatly stored in accordance with the appropriate manufacturer's recommendations and shall be properly cared for and protected from weather, vandalism and theft.

B. All installed products and materials shall be adequately protected until such time as the Owner accepts the Project.

3.03 CONDITIONS AT THE SITE
A. The Contractor shall make all necessary inspections of the job site and of the work to be fully aware of the conditions of all temporary facilities and controls at all times.

B. The Contractor shall take all steps necessary to prohibit any part of the premises, the buildings, or structures to be overloaded by setting thereon any material or equipment, or performing thereon any of his work, which could cause any loss, damage, and/or injury to person or property.

C. The Contractor shall make a close inspection of all materials as delivered and shall promptly return all defective materials without waiting for their rejection by the Architect.

3.04 REMOVAL
A. Maintain all temporary facilities and controls as long as needed for the safe and proper completion of the work. Remove all such temporary facilities and controls as rapidly as progress of the work will permit, or as directed by the Architect.

3.05 RESTORATION OF AREAS
A. Upon completion of the project, all temporary facilities shall be removed from the site and all areas not otherwise improved but which were adversely affected by the Contractor's work shall be returned to their original condition to the satisfaction of the Architect.

3.06 FINAL SITE CLEAN-UP
A. Prior to final inspection, thoroughly clean the entire site and restore to a neat, acceptable condition. Remove from the entire site all construction waste and unused materials, dunnage, loose rock and stones, excess earth, roots, weeds, and all debris of any description resulting from the work. Hose down and scrub where necessary all new concrete and asphalt pavement and paved walks, and all existing concrete and asphalt pavement and walks dirtied as a result of the work. Thoroughly remove mortar drippings from concrete walks and other pavements, where they occur.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP CLOSEOUT PROCEDURES
017700 - 1
SECTION 017700

CLOSEOUT PROCEDURES
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the contract, the general and supplementary conditions and Division 1 specification sections which apply to work of this section as if printed herein.

1.01 DESCRIPTION
A. Section Includes: The work includes, but is not necessarily limited to, performing all operations necessary for and properly incidental to closing out the project and assisting in Owner's final inspection as hereinafter specified.

1.02 FINAL COMPLETION
A. When the Contractor considers the work, or a designated portion of the work complete, submit written request to Owner's Representative for inspection. By submittal of request, Contractor certifies that:

1. Contract Documents have been reviewed.

2. Work has been completed in accordance with the Contract Documents and is ready for inspection.

3. Equipment systems have been tested, adjusted, balanced and are fully operational.

B. Submit request a minimum of five (5) working days in advance of requested inspection date. Contractor shall be responsible for allowing sufficient time during contract period to complete inspections and any corrections.

C. Should Owner's Representative inspection find work incomplete, Owner's Representative will notify Contractor in writing, listing observed deficiencies.

D. Contractor shall remedy listed deficiencies and send a request for final inspection. At the Owner's option, a reinspection(s) of the work to identify additional deficiencies, if any, may be required. Owner's costs associated with reinspection(s) are subject to provisions of Article 1.04 of this Section.

E. When Owner confirms work is complete, and close-out submittals as referred to in Article

1.05 of this Section are provided, Owner's Representative will notify Contractor of date of completion in writing.

1.03 REINSPECTIONS
A. Should status of completion of work require reinspection(s) by Owner due to failure of work to comply with Contractor's claims on initial inspection, Owner may deduct the amount of compensation for reinspection services from final payment to Contractor.

Observed deficiencies in excess of ten (10) will be reason for reinspection.

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B. Inspections initiated at the request of the Owner will not be subject to the provisions of this Article.

1.04 CLOSE-OUT SUBMITTALS
A. Project Record Documents
B. Operation and Maintenance Data
C. Warranties and Guarantees
D. Spare Parts and Maintenance Materials
E. Evidence of Payment and Lien Releases along with a list of all subcontractors which contributed labor or materials to the project.

F. Other data and materials as may be required in individual Sections of the Specifications.

1.05 APPLICATION FOR FINAL PAYMENT
A. Submit application for final payment in accordance with provisions of the Contract for Construction.

PART 2 - PRODUCTS

NOT USED
PART 3 - EXECUTION

NOT USED

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP DEMOLITION
020500 - 1
SECTION 020500

DEMOLITION
PART 1 - GENERAL
All applicable portions of Division 1, including the drawings and general provisions of the contract, the general and supplementary conditions and Division 1 specification sections which apply to work of this section as if printed herein.

1.01 DESCRIPTION
A. Section Includes:

1. Demolition and removal of pool plaster, select tile finishes and equipment as indicated on the Drawings.

B. Site Visitation: In preparing a proposal, visit the site, carefully examine the Drawings and Specifications, and determine that the work can be properly executed in accordance with the Contract Documents. No allowance will be made for any error through negligence in observing the site conditions.

PART 2 - PRODUCTS

NOT USED
PART 3 - EXECUTION

3.01 TREATMENT OF EXISTING FACILITIES
A. Protection: Use necessary procedures, caution and covering to protect from damage existing facilities, equipment and accessories not noted to be replaced or restored.

Maintain active utilities traversing the project site in operating condition.

B. Replacement: In the event of damage, immediately notify the Owner, and make all repairs and replacements necessary to the approval of the Engineer without change in contract amount or time.

3.02 REMOVAL OF DEBRIS
A. All items noted for demolition shall be immediately removed from the project site and hauled and dumped in compliance with all local codes and regulations, including payment of any associated fees.

3.03 SAFETY BARRICADES
A. Provide substantial barricades around and at all areas and openings as soon as such areas and openings are created. Barricades must be adequate to block access and give warning to the general public.

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AQUATIC DESIGN GROUP DEMOLITION
020500 - 2

3.04 CLEAN-UP
A. Upon completion of the work of this Section, immediately remove all broken concrete, debris and rubbish occasioned by this work to the approval of the Engineer.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 1
SECTION 131100

SWIMMING POOL GENERAL REQUIREMENTS
PART 1 GENERAL

1.01 WORK INCLUDED
A. The scope of the work included under this Section of the Specifications shall include swimming pool(s) as illustrated on the Drawings and specified herein. The General and Supplementary Conditions of the Specifications shall form a part and be included under this Section of the Specifications. The Swimming Pool Subcontractor shall provide all supervision, labor, material, equipment, machinery, plant and any and all other items necessary to complete the work. ALL OF THE WORK IN SECTIONS 131100 - 131108 IS TO BE THE

RESPONSIBILITY OF ONE EXPERIENCED SWIMMING POOL SUBCONTRACTOR

PRIMARILY ENGAGED IN THE CONSTRUCTION OF COMMERCIAL PUBLIC-USE SWIMMING POOLS. A SWIMMING POOL SUBCONTRACTOR SHALL BE CONSIDERED

PRIMARILY ENGAGED AS REQUIRED HEREIN IF THE SUBCONTRACTOR DERIVED 50% OF ITS ANNUAL REVENUE FROM NEW PUBLIC-USE SWIMMING POOL CONSTRUCTION FOR EACH OF THE LAST FIVE YEARS. THE SUBCONTRACTOR MUST HAVE ALSO, IN THE LAST FIVE YEARS CONSTRUCTED AT LEAST FIVE (5) NEW

COMMERCIALLY DESIGNED MUNICIPAL AND PUBLIC-USE SWIMMING POOLS, EACH OF WHICH SHALL HAVE INCORPORATED A MINIMUM SIZE OF 6,000 SQUARE FEET

OF WATER SURFACE AREA WITH A CONCRETE AND CERAMIC TILE PERIMETER OVERFLOW GUTTER AND SELF-MODULATING BALANCE TANK. The Swimming Pool Subcontractor shall furnish and install the swimming pool structures, finishes, cantilever forming, swimming pool mechanical and electrical systems, and all accessories necessary for a complete, functional swimming pool system, as herein described. Work shall include startup, instruction of Owner’s personnel, as-built drawings and warranties as required.

1.02 CODES, RULES, PERMITS, FEES
A. The swimming pools shall be constructed in strict accordance with the applicable provisions set forth by authorities having jurisdiction over swimming pool construction and operation in the State of California.

B. The Swimming Pool Subcontractor shall give all necessary notices, obtain all permits, and pay all government sales taxes, fees, and other costs in connection with their work; file all necessary plans, prepare all documents and obtain all necessary approvals of governmental departments having jurisdiction; obtain all required certificates of inspection for their work and deliver same to the Designated Representative before request for acceptance and final payment for the work.

C. The Swimming Pool Subcontractor shall include in the work any labor, materials, services, apparatus, or drawings in order to comply with all applicable laws, ordinances, rules and regulations, whether or not shown on Drawings and/or specified.

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OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 2
D. The Contractor shall submit all required documents and materials to all Governmental Departments having jurisdiction for any deferred approval items or substituted materials or products to obtain final approval to installation.

1.03 DESCRIPTION OF WORK
A. Furnish and install swimming pool finishes, including ceramic tile and marble plaster or other waterproof finishes.

B. Furnish and install complete swimming pool mechanical system(s), including, but not limited to, ultra violet systems.

C. After the initial filling of the swimming pool system(s), should any repairs, continuing work, or other Subcontractor responsibility require drainage or partial drainage of the swimming pool systems, the Swimming Pool Subcontractor shall be responsible for any subsequent refilling and shall complete the project with the swimming pool system(s) full of water, water in chemical balance, complete in every way, and in full operation.

D. Contractor shall retain a licensed engineer to certify the field built main drain systems as VGA compliant.

1.04 ASSIGNED RESPONSIBILITIES AND RELATED WORK
A. It is the intent of this section of the Specifications to clarify Work responsibilities of the trades directly and indirectly involved in construction of the pool systems. All labor, equipment, materials and supplies furnished by the Swimming Pool Subcontractor and other Subcontractors per the contractual agreement with the General Contractor and Owner and shall be as directed by the Owner through their Designated Representative.

B. THE SWIMMING POOL SUBCONTRACTOR SHALL NOT SUBCONTRACT ANY PORTION

OF THE SWIMMING POOL CONSTRUCTION OR SWIMMING POOL EQUIPMENT

INSTALLATION TO ANYONE OTHER THAN A SUBCONTRACTOR THAT SATISFIES THE REQUIREMENTS OF SECTION 131100
C. References to “swimming pool systems” shall include the swimming pools, equipment, and accessories.

D. The Owner will provide one complete water filling of the swimming pool(s), but will not assume any responsibility for the swimming pool system(s) until they have been proved fully operational, complete in every way and accepted by the Designated Representative.

1.05 RESPONSIBILITIES OF THE CONTRACTOR
A. The Contractor shall grade the swimming pool site(s), establish benchmarks, cut and fill as necessary to provide as level an area as possible at swimming pool deck elevation before swimming pool layout.

B. The Contractor shall be responsible for horizontal dimensions and grade elevations accurately from established lines and benchmarks (as indicated on the Drawings) and be responsible for those grades.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 3
C. The Contractor shall provide adequate temporary light, electric power, heat and ventilation per Federal and State OSHA requirements to construct the swimming pool system(s).

D. The Contractor shall not permit any heavy equipment activity over any area or within five (5) feet of any area under which swimming pool piping is buried. There shall be no exceptions to this requirement.

E. The Contractor shall keep the swimming pool excavation(s) and swimming pool structure(s) free of construction residue and waste materials of their workmen or Subcontractors, removing said material from the swimming pools as required.

F. The Contractor shall protect the swimming pool(s) from damage caused by their construction equipment and /or workmen and Subcontractors.

G. The Contractor shall provide a representative at time of swimming pool start-up to coordinate all trades related to swimming pool system(s).

1.06 RESPONSIBILITIES OF THE MECHANICAL SUBCONTRACTOR
A. The Mechanical Subcontractor shall be licensed in the State of California and provide written notifications to Swimming Pool Subcontractor and contractor when necessary to excavate and backfill within the swimming pool construction site.

B. The Mechanical Subcontractor shall not utilize any swimming pool piping trench for installation of any sanitary sewer, storm sewer, domestic water, hot water, chilled water or natural gas line.

C. The Mechanical Subcontractor shall furnish and install all sanitary sewer piping, including vent stacks (if necessary), for backwash pits, floor drains and floor sinks as required by code, shown on Drawings, and herein specified.

D. The Mechanical Subcontractor shall furnish and install all storm sewer piping and site drainage systems as required by code, shown on the Drawings, and herein specified.

E. The Mechanical Subcontractor shall provide a minimum 75 psi water supply for swimming pool construction work within fifty (50) feet of the swimming pool construction site(s).

F. The Mechanical Subcontractor shall furnish and install reduced pressure backflow protected domestic water lines to P.O.C. within swimming pool Mechanical Room as required by code, shown on the Drawings, and herein specified.

G. The Mechanical Subcontractor shall furnish and install natural gas piping, pressure regulation and valving to P.O.C. within swimming pool Mechanical Room as required by code, shown on the drawings, and herein specified.

H. The Mechanical Subcontractor shall furnish and install all ductwork, louvers, and all HVAC equipment within swimming pool Mechanical Room as required by code, shown on the Drawings, and herein specified.

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AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 4
I. The Mechanical Subcontractor shall provide a representative at time of swimming pool start-up to coordinate work related to swimming pool system(s).

1.07 RESPONSIBILITIES OF THE ELECTRICAL SUBCONTRACTOR
A. The Electrical Subcontractor shall be licensed in the State of California and shall furnish and install electrical service to swimming pool Mechanical Room sized to accommodate all necessary swimming pool equipment as shown on the Drawings and herein specified.

B. The Electrical Subcontractor shall furnish any temporary power needed by the Swimming Pool Subcontractor within fifty (50) feet of the swimming pool construction site(s).

C. The Electrical Subcontractor shall furnish and install all conduits, conductors, starters/disconnects, panels, circuits, switches and equipment as required for lighting, ventilation and HVAC equipment within swimming pool Mechanical Room as required by code, shown on the Drawings, and herein specified.

D. The Electrical Subcontractor shall furnish and install all conduits, conductors, panels, circuits, switches and equipment for area lighting as required by code, shown on the Drawings, and herein specified.

E. All equipment, material and installation shall be as required under Division 16 of the Specifications and shall conform to NEC Article 680 (latest revision), State and Local Codes, and as may be required by all authorities having jurisdiction over swimming pool construction within the State of California.

F. The Electrical Subcontractor shall provide a representative at time of swimming pool start-up to coordinate work related to swimming pool system(s).

1.08 INTENT
A. It is the intention of these specifications and Drawings to call for finished work, tested and ready for operation. Wherever the word “provide” is used, it shall mean “furnish and install complete and ready for use.”
B. Minor details not usually shown or specified, but necessary for proper installation and operation, shall be included in the work, the same as if herein specified or shown.

1.09 SCHEDULE OF VALUES
A. Provide a Schedule of Values for all work specified in each of the technical specifications listed in the table below, regardless of whether the work is performed by the swimming pool contractor or others. Values listed shall be fully burdened, with contractor general conditions, overhead, profit and bonds included. Payments for swimming pool work completed shall not be approved until Schedule of Values has been submitted to and approved by Architect.

SWIMMING POOL SCHEDULE OF VALUES
No. Section # Description Value

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AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 5

1. 131102 Swimming Pool Concrete

2. 131104 Swimming Pool Ceramic Tile

3. 131105 Swimming Pool Plaster

4. 131106 Swimming Pool Equipment

5. 131107 Swimming Pool Mechanical

6. 131108 Swimming Pool Electrical
Total

1.10 SUBMITTAL PROCEDURES
A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Architect for Subcontractor's use in preparing submittals.

B. Coordination: Coordinate preparation and processing submittals with performance construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

C. Submittals Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation" for list of submittals and time requirements for schedules performance of related construction activities.

D. Processing Time: Allow enough time for submittal review, including time for re-submittals as follows. Time for review shall commence on Architect's receipt of submittal.

1. Initial Review: Allow fifteen (15) days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Architect will advise Contract when a submittal being processed must be delayed for coordination.

2. Concurrent Review: Where concurrent review of submittals by Architect's consultants, Owner, or other parties is required, allow twenty-one (21) days for initial review of each submittal.

3. Direct Transmittal to Consultant: Where the Contract Documents indicate that submittals may be transmitted directly to Architect's consultants, provide duplicate copy of transmittal to Architect. Submittal will be returned to Architect before being returned to Subcontractor.

4. If intermediate submittal is necessary, process it in same manner as initial submittal.

5. Allow fifteen (15) days for processing each submittal.

6. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing.

E. Identification: Place a title block on each submittal for identification.

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1. Indicate name of firm or entity that prepared each submittal on title block.

2. Provide a space on title block to record Subcontractor's review and approval markings and action take by Architect.

3. Include the following information on title block for processing and recording action taken:
(See Attached Sample)
a. Project name.
b. Date.
c. Name and address of Subcontractor.
d. Name of Subcontractor.
e. Name of Supplier.
f. Name of Manufacturer.
g. Unique identifier, including revision number.
h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate. j. Other necessary identification.

SUBMITTAL FOR: SUBMITTAL TO: SUBCONTRACTOR:

Item Number:

Section Number:

Section Description:

Subcontractor:

Supplier:

Manufacturer:

Product Code:

Quantity:

Subcontractor Certification: Contractor's Submittal Stamp:

It is hereby certified that the equipment or
material designated in this submittal is
proposed to be incorporated in the above
named project and is in compliance with the
contract drawings and / or specifications and is
submitted for approval.

Certified by:

Date:

Job
Superintendent:

Revisions:

Architect's Review Stamp and Comments

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AQUATIC DESIGN GROUP SWIMMING POOL GENERAL REQUIREMENTS 13 11 00 - 7
F. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract documents on submittal.

G. On all catalogue or cut sheets identify which model or type is being submitted.

H. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Product data and shop drawings shall be packaged within a three-ring binder and colored samples shall be packaged on a heavy cardboard. Transmit each submittal using a transmittal form.

1. On an attached separate sheet, prepared on Subcontractor's letterhead, record relevant information, request for data, revisions other than those requested by Architect on previous submittals and deviations from requirements of the Contract documents, including minor variations and limitations. Include the same label information as the related submittal.

2. Include Subcontractor's certification stating that information submitted complies with requires of the Contract Documents.

3. Transmittal Form: Provide locations on form for the following information:
a. Project name.
b. Date.
c. Destination (To:).
d. Source (From:).
e. Names of Subcontractor, manufacturer, and supplier.
f. Category and type of submittal.
g. Submittal purpose and description.
h. Remarks.

I. Distribution: Furnish copies of final submittals to manufacturers, Subcontractors, suppliers, fabricators, installers, authorities having jurisdiction and others as necessary for performance of construction activities. Show distribution on transmittal forms.

J. Use for Construction: Use only final submittals with mark indicating action taken by Architect in connection with construction.

1.11 SUBSTITUTIONS
A. To obtain approval to use unspecified products, bidders shall submit requests for substitution at least ten (10) days prior to bid date. Requests shall only be considered if they clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. All unspecified products and equipment will be considered on an “or equal” basis at the discretion of the Designated Representative. Requests for substitution received after the specified deadline will not be considered. Where a conflict exists between the requirements of the General Conditions / Special Conditions / Division 1 concerning substitutions and the requirements of this Article, this Article (Section 13 11 00, Article 1.10) shall govern.

B. Where the Swimming Pool Subcontractor proposes to use an item of equipment other than that specified or detailed on the Drawings which requires any redesign of the structure,

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partitions, foundations, piping, wiring, or any other part of the architectural, mechanical, or electrical layout, all such redesign and all new drawings (stamped by California Licensed Engineer) and detailing required shall be prepared by the Swimming Pool Subcontractor, at their own expense, submitted for review and approval by the Designated Representative prior to bid.

C. Where such approved deviation requires a different quantity and arrangement of piping, supports and anchors, wiring, conduit, and equipment from that specified or indicated on the Drawings, the Swimming Pool Subcontractor shall furnish and install any such piping, structural supports, controllers, motors, starters, electrical wiring and conduit, and any other additional equipment required by the system, at no additional cost to the Owner.

1.12 SURVEYS AND MEASUREMENTS
A. The Swimming Pool Subcontractor shall base all measurements, both horizontal and vertical, from benchmarks established by the Contractor. All work shall agree with these established lines and levels. The mechanical Drawings do not give exact details as to elevations of piping, exact locations, etc. and do not show all offsets, control lines, pilot lines and other installation details. Verify all measurements at site and check the correctness of same as related to the work.

1.13 DRAWINGS
A. Drawings are diagrammatic and indicate the general arrangement of the systems and work included in the Subcontractor. Drawings are not to be scaled. The architectural drawings and details shall be examined for exact dimensions. Where they are not definitely shown, this information shall be obtained from the Designated Representative.

1.14 SWIMMING POOL SUBSUBCONTRACTOR
A. The swimming pool construction work as herein described and specified in Division 13 of the Project Manual shall be the complete responsibility of a qualified and specifically licensed (C53 license classification within the State of California) Swimming Pool Subcontractor with extensive experience in commercial public use swimming pool installations.

B. The Contractor shall require the Swimming Pool Subcontractor to furnish to the Contractor performance and payment bonds in the amount of 100% of the Swimming Pool Subcontractor’s bid written by a surety Company properly registered in the State of California and listed by the U.S. Treasury. The expense of the bond(s) is to be borne by the Subcontractor. The Contractor shall clearly specify the amount and requirements of the bond(s) in the Contractor’s written or published request for subbids. The Contractor’s written or published request for subbids shall also specify that the bond(s) expense is to be borne by the Subcontractor.

C. Subcontractor certifies that it meets the qualifications and experience requirements established in Swimming Pool General Requirements, Section 13 11 00, as follows:

1. Subcontractor has derived 50% of its annual revenue from public-use swimming pool construction for each of the last five (5) years.

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2. Subcontractor has, in the last five (5) years, constructed at least five (5) commercially designed municipal and public-use swimming pools, each of which have incorporated a minimum size of 6,000 square feet of water surface area with a concrete and ceramic tile perimeter overflow gutter and self-modulating balance tank.

3. The following list of projects meet the requirements of section (b) above and the contact as reference by the Contractor, the Awarding Authority of their agent or designee. a. Owner:

Scope of Project:

Contact Person:

Phone Number:

Architect for Project:
b. Owner:

Scope of Project:

Contact Person:

Phone Number:

Architect for Project:
c. Owner:

Scope of Project:

Contact Person:

Phone Number:

Architect for Project:
d. Owner:

Scope of Project:

Contact Person:

Phone Number:

Architect for Project:
e. Owner:

Scope of Project:

Contact Person:

Phone Number:

Architect for Project:

1.15 OPERATING INSTRUCTIONS
A. The Swimming Pool Subcontractor shall determine from actual samples of pool water supplied by the Owner, the proper water management program necessary for maximum operating efficiency and comfort. The Swimming Pool Subcontractor shall provide the services of experienced personnel familiar with this type of pool system operation, in conformance with Section 13 11 05 of the Specifications.

1.16 MAINTENANCE MANUALS
A. The Swimming Pool Subcontractor shall provide six (6) bound sets for delivery to the Designated Representative of instructions for operating and maintaining all systems and

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equipment included in this Contract. Manufacturer’s advertising literature or catalog pictures will not be acceptable for operating and maintenance instructions.

B. Bound in ring binders shall be all parts lists, periodic maintenance instructions and troubleshooting guidelines for all pool equipment, including but not limited to filters, pumps, controllers, water chemistry control equipment, etc.

1.17 SECURE FROM THE OWNER
A. A complete Owner-furnished filling of the swimming pools.

B. The Owner’s assistance, as specified herein, from the time of start-up until final written acceptance of the swimming pool system(s).

C. Chemicals as required for swimming pool operation after Swimming Pool Subcontractor completes initial water chemistry balance and water treatment during the maintenance period described in Section 131105 of the Specifications.

1.18 WARRANTY
A. The Swimming Pool Subcontractor shall warrant all swimming pool structures, finishes and systems against defects in material and workmanship for a period of one year after the date of acceptance by the Owner. Any repair or replacement required due to defective material or workmanship will be promptly corrected by the Swimming Pool Subcontractor.

PART 2 PRODUCTS

NOT USED
PART 3 EXECUTION

NOT USED

END OF SECTION

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AQUATIC DESIGN GROUP SWIMMING POOL CONCRETE
13 11 02- 1
SECTION 131102

SWIMMING POOL CONCRETE
PART 1 GENERAL

1.01 WORK INCLUDED
A. Cast-in-place concrete for swimming pool structures. Do not use waterproofing admixture of any kind.

B. Provide labor, materials and equipment as required to install sealant for all pool deck joints, or any other caulking, as indicated on the aquatic Drawings and herein specified.

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years’ experience with the materials and methods specified.

3. Provide at least one person who shall be present at all times during execution of the work of this Section, with a minimum of five (5) years’ experience with the type of materials being installed, the referenced standards, and who shall direct all Work performed under this Section.

B. Standards:

1. In addition to complying with the California Building Code (2022 edition), comply with all pertinent recommendations contained in “Guide to Formwork for Concrete" Publication ACI 347R-14 of the American Concrete Institute.

2. In addition to complying with California Building Code (2022 edition), comply with all pertinent recommendations contained in “Guide to Presenting Reinforcing Steel Design Details,” Publication ACI 315R-18 of the American Concrete Institute.

3. In addition to complying with all local codes and regulations, comply with all pertinent recommendations contained in American Society for Testing and materials (ASTM); ASTM C 920 “Standard Specification for Elastometric Joint Sealants.” C. Tolerances: Construct all swimming pool concrete straight, true, plumb and square within a tolerance horizontally and vertically of 1/8” in total distance.

1.03 SUBMITTAL AND SUBSTITUTIONS
A. Provide submittals in conformance with the requirements of Section 013300. Requests for substitution shall conform to requirements of Article 1.10.A of Section 131100.

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B. Samples and Certificates, Concrete Reinforcement:

1. Provide all data and access required for testing as described in Section 01400 of the Specifications.

2. All material shall bear mill tags with heat number identification. Mill analysis and report shall be made available upon request.

3. Material not so labeled and identifiable may be required by the Owner to be tested by the testing laboratory selected by the Owner and at no additional cost to the Owner, in which case random samples will be taken for one series of tests from each 2-1/2 tons or fraction thereof of each size and kind of reinforcing steel.

4. Design mix from batch plant demonstrating previous use history and associated strengths at 28 days.

5. The Contractor shall submit a mix design stamped and signed by a licensed engineer for approval by the Owner’s Representative prior to any placement of concrete.

C. Submit proof of qualifications as specified in Article 1.02.A of this Section.

D. Submit reinforcing shop drawings for pool walls, gutters, floors, dike walls and balance tank, etc. as shown on the construction drawing.

1.04 PRODUCT HANDLING
A. Delivery: Deliver materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible.

B. Storage: Store materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project Site.

C. Protection: Use all means necessary to protect the swimming pool concrete before, during, and after installation and to protect the installed Work specified in other Sections.

D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner.

PART 2 PRODUCTS

2.01 CONCRETE FORMWORK
A. Form Materials:

1. Form Lumber: All form lumber in contact with exposed concrete shall be new except as allowed for reuse of forms in Part 3 of this Section, and all form lumber shall be one of the following, a combination thereof, or an equal approved in advance by the Owner’s Representative.
a. "Plyform," Class I or II, bearing the label of the Douglas Fir Plywood Association; "Inner-Seal" Form as manufactured by Louisiana-Pacific, or approved equal. b. Douglas Fir-Larch, number two grade, seasoned, surfaced four sides.

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2. Form Release Agent: Colorless, non-staining, free from oils; chemically reactive agent that shall not impair bonding of paint or other coatings intended for use.

B. Ties and Spreaders:

1. Type: All form ties shall be a type which do not leave an open hole through the concrete and which permits neat and solid patching at every hole.

2. Design: When forms are removed, all metal reinforcement shall be not less than two (2) inches from the finished concrete surface.

3. Wire Ties and Wood Spreaders: Do not use wire ties or wood spreaders.

C. Alternate Forming Systems: Alternate forming systems may be used subject to the advance approval of the Owner’s Representative.

2.02 CONCRETE REINFORCEMENT
A. Bars: Bars for reinforcement shall conform to “Specifications for Deformed Carbon-Steel Bars for Concrete Reinforcement,” ASTM A-615, Grade 60.

B. Wire Fabric: Wire fabric shall conform to “Specification for Carbon-Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete”, ASTM A1064.

C. Tie Wire: Tie wire for reinforcement shall conform to “Specification for Carbon-Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete”, ASTM A853 black annealed 16-gauge tie wire.

2.03 CAST-IN-PLACE CONCRETE
A. Concrete:

1. All concrete, unless otherwise specifically permitted by the Owner’s Representative, shall be transit-mixed in accordance with ASTM C94. Concrete for water retaining structures that do not receive a waterproofing finish such as ceramic tile or swimming pool plaster shall receive a topical waterproofing finish.

2. The control of concrete production shall be under the supervision of a recognized testing agency, selected by the Owner in accordance with Section 01 25 00 of the Specifications.

3. Quality: All concrete shall have the following minimum compressive strengths at twentyeight (28) days and shall be proportioned within the following limits a. 4,000 psi minimum compressive strength for cast-in-place swimming pool structures. b. 1” maximum size aggregate.
c. 6.0 minimum sacks of cement per cubic yard. *
d. Maximum water to cement ratio of 0.40 minimum-0.45 maximum. e. 4” maximum slump.
* For estimate only: to be determined by mix design.

4. Cement: All cement shall be Portland Cement conforming to ASTM C-150, Type II or V

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and shall be the product of one manufacturer.

5. Aggregates:
a. Shall conform to “Standard Specifications for Concrete Aggregates,” ASTM C33, except as modified herein.
b. Coarse Aggregate: Clean sound washed gravel or crushed rock. Crushing may constitute not more than 30% of the total coarse aggregate volume. Not more than 5% flat, thin, elongated or laminated material nor more than 1% deleterious material shall be present. 1" aggregate graded from 1/4” to 1”, fineness modulus 6.90 to 7.40. 1-1/2” graded from ½” to 1-1/2”, fineness modulus 7.80 to 8.20. c. Fine Aggregate: Washed natural sand of hard, strong particles and shall contain not more than 1% of deleterious material, fineness modulus 2.65 to 3.05. d. Aggregate must be certified, non-expansive from a “known” good source.

6. Water: ASTM C1602 Clean, fresh, free from acid, alkali, organic matter or other impurities liable to be detrimental to the concrete (potable).

7. Admixtures: Admixtures shall be used upon approval of the Owner's Representative. a. Air-entraining admixture: Conform to ASTM C260.
b. Water-reducing admixture: Conform to ASTM C494.

B. Construction Joints: Use keyform for slab pour joints. Either preformed galvanized or PVC construction joint forms of a standard manufacturer may be used. Install per manufacturer's recommendations and tool edges of slabs.

C. Waterstops: PVC bulb-type for use between concrete pours / lifts, conforming with ASTM D 570, D 624, and D 638. Provide in configuration(s) as recommended by manufacturer for specific application. Greenstreak, W.R. Meadows, or approved equal.

D. Curing Materials:

1. Liquid Membrane (covered slab): Chlorinated rubber membrane forming, curing-sealing compound conforming to ASTM C309.

2. Liquid Membrane (exposed slab): Clear methyl and butyl methacrylate non-staining, membrane forming, curing-sealing compound conforming to ASTM C309.

E. Cement Grout and Drypack:

1. Cement Grout: Mix 1 part by volume of Portland Cement, 1/2 part by volume of water and fine aggregate enough to make mixture flow under its' own weight.

2. Drypack: Mix 1 part by volume of Portland Cement, 1/2 part by volume of water and fine aggregate enough to make a stiff mix that will mold into a ball. Mix no more than can be used in 30 minutes.

2.04 JOINT SEALANT MATERIALS
A. Caulking: Multipart, non-sag gun grade polyurethane based sealant meeting the requirements

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of ASTM C920-02, Type S or M, Mamemco International, Pecora, Sika Corp., Sonneborn Building Products, Tremco or approved equal. Self-leveling caulking materials are not allowed.

B. Primer: Non-staining type, recommended by sealant manufacturer to suit application.

C. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials.

D. Sealant Backer Rod: Provide compressible polyethylene or polyurethane backer rod as recommended by the sealant manufacturer.

E. Bond Breaker Tape: Provide polyethylene tape or other plastic tape as recommended by sealant manufacturer, to be applied to sealant-contact surfaces where bond to substrate or joint filler must be avoided for proper performance of sealant.

F. Sand: Cover the surface of the caulking with #30 silica sand.

2.05 OTHER MATERIALS
A. All other materials, not specifically described but required for proper completion of the work of this Section, shall be as selected by the Contractor subject to the advance review by the Owner’s Representative.

PART 3 EXECUTION

3.01 SURFACE CONDITIONS
A. Inspection:

1. Prior to all Work of this Section, carefully inspect the installed Work of other trades and verify that all such Work is complete to the point where this installation may properly commence.

2. Verify that all Work may be constructed in accordance with all applicable codes and regulations, the referenced standards, the original design, and in accordance with site specific Geotechnical Report.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Owner’s Representative.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.

3. Failure to notify the Owner’s Representative and give written notice of discrepancies shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive work.

3.02 CONCRETE FORMWORK
A. Construction of Forms:

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1. General: Construct all required forms to be substantial, sufficiently tight to prevent leakage of concrete paste, and able to withstand excessive deflection when filled with wet concrete.

2. Layout:
a. Form for all required cast-in-place concrete to the shapes, sizes, lines and dimensions indicated on the Drawings.
b. Exercise particular care in the layout of forms to avoid necessity for cutting concrete after placement.
c. Make proper provisions for all openings, offsets, recesses, anchorages, blocking and other features of the Work as shown or required.
d. Perform all forming required for Work of other trades and do all cutting and repairing of forms required to permit such installation. e. Carefully examine the Drawings and Specifications and consult with other trades as required relative to providing for pipe and conduit penetrations, reglets, chases and other items in the forms.

3. Imbedded Items: Set all required steel frames, angles, bolts, inserts and other such items required to be anchored in the concrete prior to concrete being placed.

4. Bracings:
a. Properly brace and tie the forms together so as to maintain position and shape and to ensure safety to workmen.
b. Construct all bracing, supporting members and centering of ample size and strength to safely carry, without excessive deflection, all dead and live loads to which they may be subjected.
c. Properly space the forms apart and securely tie them together, using metal spreader ties that give positive tying and accurate spreading.

5. Wetting: Keep forms sufficiently wetted to prevent joints from opening up before concrete is placed.

B. Plywood Forms:

1. Design: Nail the plywood panels directly to studs and apply in a manner to minimize the number of joints.

2. Joints: Make all panel joints tight butt joints with all edges true and square.

C. Footing Forms:

1. Wood Forms: All footing forms shall be wood unless otherwise specifically approved by the Owner’s Representative, or as specified in paragraph 3.02(C)(2).

2. Earth Forms:
a. Side walls for footings may be of earth provided the soil will stand without caving and the sides of the bank are made with a neat cut to the minimum dimensions indicated on the Drawings.
b. For excavation and backfill of earth forms, conform with applicable provisions of

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Section 13 11 01.

D. Reuse of Forms:

1. Reuse of forms shall be subject to advance approval of the Owner’s Representative.

2. Except as specifically approved in advance by the Owner’s Representative, reuse of forms shall in no way delay or change the schedule for placement of concrete from the schedule obtainable if all forms were new.

3. Except as specifically approved in advance by the Owner’s Representative, reuse of forms shall in no way impart less structural stability to the forms nor less acceptable appearance to finished concrete.

E. Removal of Forms:

1. General:
a. In general, side forms of footings may be removed seven (7) days after placement of concrete, but time may be extended if deemed necessary by the Owner’s Representative.
b. Forms for footings, foundations, grade beams, slabs, walls, and other formed concrete may be removed fourteen (14) days after placement of concrete.

2. Removal:
a. Use all means necessary to protect workers, passersby, the installed Work of other trades and the complete safety of the structure.
b. Cut nails and tie wires or form ties off flush, and leave all surfaces smooth and clean.
c. Remove metal spreader ties on exposed concrete by removing or snapping off inside the wall surface and pointing up and rubbing the resulting pockets to match the surrounding areas.
d. Flush all holes resulting from the use of spreader ties and sleeve nuts using water, and then solidly pack throughout the wall thickness with cement grout applied under pressure by means of a grouting gun; grout shall be one part Portland Cement to 2-1/2 parts sand; apply grout immediately after removing forms.

3.03 CONCRETE REINFORCEMENT
A. Bending:

1. General:
a. Fabricate all reinforcement in strict accordance with the Drawings. b. Do not use bars with kinks or bends not shown on the Drawings. c. Do not bend or straighten steel in a manner that will injure the material. (When opposite end is already encased in concrete.)

2. Design:

SILLIMAN AQUATIC CENTER IMPROVEMENTS
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AQUATIC DESIGN GROUP SWIMMING POOL CONCRETE
13 11 02- 8
a. Bend all bars cold.
b. Make bends for stirrups and ties around a pin having a diameter of not less than two (2) times the minimum thickness of the bar.
c. Make bends for other bars, including hooks, around a pin having a diameter of not less than six (6) times the minimum thickness of the bar.

B. Placing:

1. General: Before the start of concrete placement, accurately place all concrete reinforcement, positively securing and supporting by concrete blocks, metal chairs or spacers, or by metal hangers.

2. Clearance:
a. Preserve clear space between bars of not less than one and one-half (1-1/2) times the nominal diameter of the round bars.
b. In no case let the clear space be less than one and one-half (1-1/2) inches nor less than one and one-third (1-1/3) times the maximum size of the aggregate. c. Provide the following minimum concrete covering of reinforcement:
1) Concrete deposited against earth: three (3) inches minimum. 2) Concrete below grade deposited against forms: two (2) inches minimum. 3) Concrete elsewhere: As indicated on Drawings or otherwise approved by the Owner’s Representative.

3. Splicing:
a. Horizontal Bars:
1) Place bars in horizontal members with minimum lap at splices sufficient to develop the strength of the bars.
2) Bars may be wired together at laps except at points of support of the member, at which points preserve clear space described above. 3) Whenever possible, stagger the splices of adjacent bars. 4) Splice forty (40) bar diameters minimum.
5) Provide non-contact lap slices for shotcrete.
b. Wire Fabric: Make all splices in wire fabric at least one and one-half (1-1/2) meshes wide.
c. Other Splices: Make only those other splices that are indicated on the Drawings or specifically approved by the Owner’s Representative.

4. Dowels: Place all required steel dowels and securely anchor them into position before concrete is placed.

5. Obstructions: In the event conduits, piping, inserts, sleeves and other items interfere with placing reinforcement as indicated on the Drawings or otherwise required, immediately consult with the Owner’s Representative and obtain approval of a new procedure prior to placing concrete.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CONCRETE
13 11 02- 9
C. Cleaning Reinforcement: Steel reinforcement, at the time concrete is placed around it, shall be free from rust scale, loose mill scale, oil, paint and all other coatings which will destroy or reduce the bond between steel and concrete. Bend down all tie wire away from the top of the pool concrete. Maintain a 2” clear from top of concrete to the tie wire.

3.04 CAST-IN-PLACE CONCRETE
A. Conveying and Placing Concrete:

1. Before placing concrete, mixing and conveying equipment shall be well cleaned, and the forms and space to be occupied by concrete shall be thoroughly cleaned and wetted.

Ground water shall be removed until the completion of the work.

2. No concrete shall be placed in any unit of work until all formwork has been completely constructed, all reinforcement has been secured in place, all items to be built into concrete are in place, and form ties at construction joints tightened.

3. Concrete shall be conveyed from mixer to place of final deposit in such a way to prevent the separation or loss of ingredients. It shall be placed as nearly as practicable in its’ final position to avoid rehandling or flowing. Concrete shall not be dropped freely where reinforcing bars will cause segregation, nor shall it be dropped freely more than six (6) feet.

Use tremies, spouts and dump boxes in deep sections. Vibrators are not acceptable for facilitating concrete transport.

4. Concrete shall be tamped and spaded to insure proper compaction into all parts of forms and around reinforcement. A mechanical vibrator shall be used to thoroughly compact the concrete. Vibration must be by direct action in the concrete and not against forms or reinforcement.

5. Mixing and transport time as indicated in ASTM C94 is required. If air temperatures are between 85° and 90° F the delivery time is to be reduced to 75 minutes. When air temperatures are in excess of 90° F the delivery time should be reduced to 60 minutes.

6. Truck mixes without batch certificates will be rejected.

B. Construction Joints / Expansion Joints: Construction joints and expansion joints shall be provided at locations and in the manner shown on the Drawings. With exception of existing concrete / new shotcrete joints, use PVC bulb-type waterstops appropriate for design condition between all concrete pours / lifts to avoid cold joints. Waterstops shall be placed in such a way to protect reinforcing steel from rust and oxidation. All expansion joints must be the full depth of the concrete section in which they are located.

C. Slab Finishes: Concrete slabs shall be compacted and screeded uniformly to grades shown.

Push large aggregates below the surface with a screen tamper, screed and bull float. As soon as the surface becomes workable, it shall be wood floated, then finished as indicated on the Drawings to a uniform smooth, true surface in a neat and workmanlike manner. Carefully coordinate slab finish requirements with other trades (ceramic tile, pool plaster) to insure concrete finish is appropriate substrate for final finish material.

1. Pool Floor Slab: Heavy Wire Broom Finish.

D. Protection and Curing:

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CONCRETE
13 11 02- 10

1. Concrete shall be protected from injurious action of the elements and defacement of any nature during construction.

2. All forms must be kept wet to prevent drying out of the concrete.

3. All concrete surfaces including footings must be kept wet for at least seven (7) days after concrete is placed.

4. Apply the appropriate curing materials, as specified in 2.03 of this Section, immediately after finishing slabs. Application shall be as specified by the manufacturer.

E. Form Removal:

1. Take care in removing forms so that surfaces are not marred or gouged and that corners are true, sharp and unbroken.

2. No steel spreaders, ties or other metal shall project from or be visible on any concrete surfaces.

F. Defective Work:

1. Should the strength of any concrete for any portion of the work indicated by tests of molded cylinders and core tests fall below minimum 28 days strength specified or indicated, concrete will be deemed defective work and shall be replaced.

2. Concrete work that is not formed as indicated, is not true to intended alignment, not plumb or level where so intended, not true to intended grades or elevations, not true to specified or selected finish, contains sawdust shavings, wood, or embedded debris, which exhibits cracks or contains fine or coarse sulfide particles, or expansive aggregates detrimental to performance or appearance of the concrete shall be deemed defective.

3. Promptly perform work required to replace and properly clean (by sandblasting if necessary) any defective concrete panels (control joint or expansion joint to control joint or expansion joint), at Contractor's expense, including all expense of additional inspection, tests, or supervision made necessary as a result of defective concrete.

3.05 EXPANSION JOINTS
A. Temperatures: Do not install sealants when air temperature is less than 40°F.

B. Tooling: Tool exposed joints to a slightly concave surface using slicking materials recommended by the manufacturer. The tooling procedure shall press sealant against the sides of the joint. No materials shall be left “feathered” out or smeared on the abutting materials. Completed joints shall have a uniform professional appearance.

C. Joint Construction: Sealant joint width, thickness and cross-sectional profile to be constructed in strict accordance with the sealant manufacturer’s recommendations.

D. Sand: At the appropriate time cover the sealant with sand to provide a sanded finish.

3.06 CLEAN-UP
A. Upon completion of the Work of this Section, immediately remove all swimming pool concrete

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CONCRETE
13 11 02- 11
materials, debris and rubbish occasioned by this Work to the approval of the Owner’s Representative.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CERAMIC TILE
131104 - 1
SECTION 131104

SWIMMING POOL CERAMIC TILE
PART 1 – GENERAL

1.01 WORK INCLUDED
A. Swimming pool ceramic tile detailed on the Drawings, including, but not limited to, the following:

1. Waterline Tile. (Lazy River Pool)

2. Trim Tile at Steps

3. Main Drain and River Grate Surround Tile

4. Depth Markers

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years experience with the materials and methods specified.

3. Provide at least one person who shall be present at all times during execution of the work of this Section, with a minimum of five (5) years experience with the type of materials being installed, the referenced standards, and who shall direct all Work performed under this Section.

B. Standards: In addition to complying with all pertinent codes and regulations:

1. Manufacture of all tile shall be in accordance with ANSI A-137.1.

2. Install ceramic tile in accordance with the recommendations contained in the 2025 “Handbook for Ceramic Tile Installation” of the Tile Council of America, Inc.

C. Tolerances: Install all swimming pool ceramic tile straight, true, plumb and square within a tolerance horizontally of one in 200 and a tolerance vertically of one in 500.

Waterline and gutter bullnose tile shall be level to 1/8” (+/- 1/16”) around entire perimeter of swimming pools.

1.03 SUBMITTALS AND SUBSTITUTIONS
A. Provide submittals in conformance with the requirements of Section 013300.

B. Samples: Submit samples of each color and pattern in the specified groups.

Character samples can be representative for review prior to screening of actual tile.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CERAMIC TILE
131104 - 2
C. Master Grade Certificate: Prior to opening ceramic tile containers, submit a Master Grade Certificate, signed by the manufacturer of the tile used and issued when the shipment is made, stating the grade, kind of tile, identification marks for the tile containers, and the name and location of the Project.

D. Specifications: Submit manufacturer's recommended installation specifications for the Work.

E. Submit proof of qualifications as specified in Article 1.02.A of this Section.

1.04 PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer’s original unopened containers with all labels intact and legible.

B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site.

C. Protection: Use all means necessary to protect swimming pool ceramic tile before, during and after installation and to protect the installed Work specified in other Sections.

D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner’s Representative.

PART 2 – PRODUCTS

2.01 TILE
A. Waterline Tile: Replace any damaged.

1. Material: All waterline face tile shall be glazed ceramic tile (Group III standard) as manufactured by Dal-Tile or approved equal.

2. Size: 1 x 1 inches (match existing).

3. Color: Dal-Tile #D317 ‘Biscuit’ (match existing).

B. Trim Tile (on underwater steps):

1. Material: Group 3 quality, frost proof unglazed ceramic mosaic tile with absorption rate of less than 1% as manufactured by Dal-Tile or approved equal and Inlays.

2. Size: 1 x 1 inches, with S-812 quarter round. Color: Dal-Tile #D-311 ‘Black’.

3. Size: 2 x 6 with integral quarter round. Color: Black, non-slip. Inlays #CPC00022.

C. Main Drain and River Grate Surround Tile:

1. Material: Group 1 quality, frost proof unglazed porcelain mosaic tile with absorption rate of less than 1% as manufactured by Dal-Tile or approved equal.

2. Size: 2 x 2 inches.

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CERAMIC TILE
131104 - 3

3. Color: Dal-Tile #D317 ‘Biscuit’
D. Depth Marker Tile

1. Material: All depth marker tile shall be glazed ceramic tile as manufactured by DalTile or approved equal.

2. Size: 6 x 6 inches.

3. Color: White with Black silk screen numbers, ‘Inlays’ ‘FT series’, ‘IN series’. (Provide at all locations per existing deck depth markers and maximum 25’-0” O.C. around pool perimeter.)

2.02 MORTAR
A. Laticrete 3701 fortified mortar #LCR-37-1017.

B. Water: From a potable source.

C. Mortar shall meet ASTM C627.

2.03 WATERPROOFING
A. Laticrete HYDRO BAN
B. Install per manufacturer’s recommendations with other Laticrete products as listed.

2.04 THIN SET MORTAR
A. Laticrete 254 Platinum. Laticrete, Custom or equal.

B. Water from a potable source.

C. Mortar shall meet ASTM C627.

2.04 GROUT
A. All tile grout shall be waterproof grout complying with the recommendations of referenced standards. Grout color shall be grey for dark backgrounds, white for light backgrounds (verify colors with Architect). Grout shall be per Laticrete Spectralock Pro Premium Epoxy Grout installed per manufacturer recommendations

2.05 OTHER MATERIALS
A. All other materials, not specifically described but required for a complete and proper installation of ceramic tile as indicated on the Drawings, shall be new, first quality of their respective kinds, and subject to the approval of the Owner’s Representative.

PART 3 – EXECUTION

3.01 SURFACE CONDITIONS

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CERAMIC TILE
131104 - 4
A. Inspection:

1. Prior to all Work of this Section, carefully inspect the installed Work of other trades and verify that all such Work is complete to the point where this installation may properly commence.

2. Verify that ceramic tile can be installed in accordance with the original design and all referenced standards.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Owner’s Representative.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.

3. Failure to notify the Owner’s Representative and give written notice of discrepancies shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive its Work.

3.02 INSTALLATION
A. Method:

1. Install all ceramic tile in strict accordance with installation method P601-90 of the 2025 Handbook for Ceramic Tile Installation of the Tile Council of America, Inc.

2. Be certain to install all ceramic tile perfectly level, flush, plumb, and to the finish grades and elevations indicated on the Drawings.

B. Interface:

1. Carefully establish and follow the required horizontal and vertical elevations to insure proper and adequate space for the work and materials of other trades.

2. Coordinate and cooperate as required with other trades to insure proper and adequate interface of ceramic tile Work with the Work of other trades.

3.03 GROUTING
A. Follow grout manufacturer's recommendations as to grouting procedures and precautions.

B. Remove all grout haze, observing grout manufacturer's recommendations as to use of acid and chemical cleaners.

3.04 EXTRA STOCK
A. Provide one (1) unopened box of extra tile for 2.01A-C for Owners use at a future time.

3.05 CLEAN-UP

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL CERAMIC TILE
131104 - 5
A. Upon completion of the swimming pool ceramic tile installation, thoroughly clean and polish the exposed surfaces of tile work. Completely clean work area of debris and rubbish occasioned by this Work and dispose of to the approval of the Owner’s Representative.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
131105 - 1
SECTION 131105

SWIMMING POOL PLASTER
PART 1 GENERAL

1.01 WORK INCLUDED
A. Swimming pool plaster and waterproofing of swimming pool structures as indicated on the Drawings and herein specified.

B. Start-up and operation instructions to Owner’s operations and maintenance personnel and properly balance swimming pool water chemistry until the Owner takes occupancy.

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years experience with the materials and methods specified.

B. Standards: Swimming pool plaster shall conform with requirements of Chapter 31B of California Building Code, 2022 edition. In addition, meet requirements of applicable portions of most current edition of the “Technical Manual,” National Plasterers Council, Wauconda, Illinois.

C. Start-up:

1. Furnish a swimming pool water chemistry consultant, with a minimum of five (5) years experience, possessing either AFO (Aquatic Facility Operator) or CPO (Certified Pool Operator) certification(s), to supervise and properly balance swimming pool water chemistry.

2. Demonstrate to the Owner that all systems are fully operational and that calcium hardness, total alkalinity, chlorine residual and pH levels are within specified limits.

3. Standards: Furnish labor and chemicals as required to condition the water properly to the following specifications:
a. Calcium Hardness: 200-400 parts per million (PPM)
b. Total Alkalinity: 80-100 PPM
c. Chlorine Residual: 1.00 to 2.0 PPM
d. pH Factor: 7.2 to 7.6

1.03 SUBMITTALS AND SUBSTITUTIONS

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
131105 - 2
A. Provide submittals in conformance with the requirements of Section 013300. Requests for substitution shall conform with requirements of Article 1.10.A of Section 131100.

B. Submit proof of qualifications as specified in Article 1.02.A and 1.02.C.1 of this Section.

1.04 PRODUCT HANDLING
A. Delivery: Deliver materials to the Project Site in the manufacturer's original unopened containers with all labels intact and legible.

B. Storage: Store materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project Site.

C. Protection: Use all means necessary to protect the swimming pool plaster before, during, and after installation and to protect the installed Work specified in other Sections.

D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner.

1.05 ENVIRONMENTAL CONDITIONS
A. No plastering shall be done under unsuitable conditions of weather or temperature. No plastering shall be done when prevailing temperature is 40 degrees Fahrenheit or less.

B. Do not install plaster during rain and, if rain commences after plastering has begun, immediately protect the plaster from rain by all means necessary until the plaster has set.

C. Do not install plaster during wind greater than 10 mph and, if wind commences after plastering has begun, immediately protect the plaster from wind by all means necessary until the plaster has set.

PART 2 PRODUCTS

2.01 CEMENT / AGGREGATE
A. Luna Quartz® tiny pebble finish by Wet Edge Technologies. Altima® quartz finish by Wet Edge Technologies. Pebble-Fina® pool finish by Pebble Technologies. Wet Edge Technologies, Pebble Technologies, Commercial Quartz or equal.

2.02 COLOR

A. All swimming pool plaster shall be white in color. Wet Edge Technologies shall be Luna Quartz® “Polar White”. Wet Edge Technologies shall be Altima® “White”. Pebble Technology shall be Pebble-Fina® “Classico”. Commercial Quartz ‘Commercial White’. Contractor to obtain written approval on selected pebble color from the local Health Department prior to installation. Submit cut sheet, color sample and written approval for review by Architect and Owner.”

2.03 WATER

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
131105 - 3
A. Water for swimming pool plaster shall be clean and free from injurious amounts of acid, alkali, and organics.

PART 3 EXECUTION

3.01 SURFACE CONDITIONS
A. Inspection:

1. Prior to Work of this Section, carefully inspect the installed Work of other trades and verify that all such Work is complete to the point where this installation can properly commence.

2. Verify that swimming pool plaster can be installed in accordance with the original design and all referenced standards, including proprietary application techniques and application training/certifications.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Owner's Representative.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.

3. Failure to notify the Owner's Representative and give written notice of discrepancies shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive the Work.

3.02 REMOVAL OF EXISTING TILE AND PLASTER SURFACES
A. Surfaces to receive new plaster and tile finishes shall have existing finishes, including tile and plaster, removed by use of chipping gun or pick down to original base concrete/shotcrete, exposing a clean rough surface.

3.03 INSTALLATION OF POOL PLASTER
A. Outdoor Pools or Spas:

1. Completion of other work: DO NOT commence plastering of swimming pool(s) or spa(s) until the following conditions have been met:
a. The Health Department and/or other governing agencies have approved the pool(s) and/or spas) for plaster.
b. All concrete pool deck construction is complete and the pool decks have been thoroughly cleaned.
c. All landscaping in areas adjacent to the pool(s) or spa(s) is complete and the landscape irrigation system is operable.
d. All painting in the pool area is complete.
e. All welding and grinding in locations adjacent to the pool area are complete. f. The backwash sewer connection is complete.
g. Pool(s) and/or spa(s) area(s) perimeter fencing installation is complete. h. All trash and debris have been removed from areas adjacent to the pool(s) or spa(s), particularly those areas that are normally upwind from the pool(s) or spa(s).

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
131105 - 4
i. All dust raising construction and/or activities in areas adjacent to the pool(s) or spa(s) are complete or mitigated.
j. The circulation pump(s) is/are operational.
k. The mechanical system has been flushed sufficiently to remove all dirt and debris from the piping system.
l. All necessary chemicals (Chorine, pH adjuster, Sodium Bicarbonate and Calcium Chloride or any other required chemicals) are on site and ready for use. m. Obtain written approval from the Owner and the Architect.

B. Indoor Pools or Spas:

1. Completion of Other Work: DO NOT commence plastering of swimming pool(s) or spa(s) until the following conditions have been met:
a. The Health Department has approved the pool(s) and/or spa(s) for plaster. b. All work above the pool(s) and/or spa(s) is complete. c. All painting in the pool area is complete.
d. All welding and grinding in locations adjacent to the pool area are complete. e. The backwash sewer connection is complete.
f. All concrete pool deck construction is complete and the pool decks have been thoroughly cleaned.
g. The circulation pump(s) is/are operation.
h. The mechanical system has been flushed sufficiently to remove all dirt and debris from the piping system.
i. All necessary chemicals (Chlorine, Acid, Sodium Bicarbonate and Calcium Chloride) are on site and ready to use.
j. Obtain written approval from the Owner and the Architect.

C. Contractor accepts all liability from damage done to the pool plaster if the pool(s) or spa(s) is (are) plaster before the completion of the above listed items or without the written approval of the Owner and the Architect.

D. POOL PLASTER AUTHORIZATION FORM:

1. The pool(s) and or spa(s) at Silliman Aquatic Center is/are hereby approved for the installation of the pool plaster. Pursuant to the requirements of specification section 13 11 05, paragraph 3.03.

Owner Date
Architect / Project Manager Date
E. Preparation:

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
131105 - 5

1. Do not apply plaster over dirt, rust, scale, grease, moisture, scuffed surfaces or conditions otherwise detrimental to the formation of a durable plaster finish.

2. Consult with manufacturer on application to specific surfaces being treated. Follow manufacturer's recommendation for curing of cast-in-place concrete or shotcrete surfaces prior to application of plaster.

3. Protect ceramic tile, decking, deck equipment, gratings, fittings and other items by suitable covering or masking.

4. Mask or remove all hardware, hardware accessories, machined surfaces, plates, lighting fixtures and similar items in place not to receive pool plaster. Following completion of plaster for each space or area remove masking. Re-install all removed items utilizing workers skilled in the trades involved.

F. Application:

1. Finish shall be applied to a ½” minimum thickness over the entire surface. The walls shall be scratch-coated followed by a finish coat. Material applied to the floor after the walls have been applied shall be accelerated to assure uniform setting time throughout the pool surface.

2. Float the plaster to a uniform plane and trowel to a smooth, dense, impervious surface using extreme care to avoid stains.

3. Take special care in finishing around pool fittings, making sure to mask off or plug openings so as not to fill such openings with excess plaster. Be certain to completely enclose pool fittings with plaster to insure a leak-proof seal around pipes, fittings, lights, anchors, etc.

4. Accurately interface with the finish planes of items installed by other trades.

5. Quartz and pebble plaster finish is to be applied by a licensed applicator as approved by the manufacturer, and in accordance with manufacturer’s training.

3.04 CURING
A. Preparation: Anticipate the need for required equipment and have all such equipment immediately available for use upon completion of pool plastering.

B. Pool Filling:

1. After the plaster has sufficiently dried and before drying has proceeded to a damaging point, cure the plaster by gradually filling the pool with water, preventing all damage to finished plaster surfaces.

2. Flow the water continuously until the pool is filled.

3. When the weather is hot and/or water pressure is low, keep the pool walls damp while the pool is filling.

4. Coordinate with Contractor to ensure that the pool is continuously monitored while filling to prevent overfill.

3.05 EQUIPMENT ACTIVATION
A. All water chemistry and filtration mechanical equipment shall be operational upon filling of pool after plaster. Chemicals and other related support items as supplied by Contractor, shall be in supply at start-up.

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AQUATIC DESIGN GROUP SWIMMING POOL PLASTER
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B. For the first fourteen (14) calendar days after completion of the pool plaster, brush all plastered surfaces at least twice a day and coordinate with General Contractor to ensure that the plaster is carefully maintained after the initial fourteen day period. In addition, coordinate with the Contractor to ensure that pool filtration equipment is continuously running during the initial fourteen day period.

C. Start-up and provide qualified personnel to operate pool equipment for a period not less than fourteen (14) days after the pool is placed in operation, or until the Owner takes occupancy of the facility or letter of substantial completion. During this time, Contractor shall instruct and supervise the Owner's personnel in the various operating and maintenance techniques involved. Contractor shall be responsible for supply of chemicals during this not less than fourteen (14) day period and at time of turnover to Owner, chemical storage tanks shall be full. (Owner's personnel shall be fully trained and capable of assuming swimming pool maintenance tasks, training may begin before Owner takes occupancy).

3.06 CLEAN-UP
A. Upon completion of swimming pool plaster, remove all materials, equipment and debris occasioned by this Work and leave the job site in a clean and presentable condition. Perform all such clean-up to the approval of the Owner’s Representative.

3.07 WARRANTY
A. All applicators must provide a minimum of five (5) year warranty for application and workmanship additional to the manufacturer’s warranty for product.

END OF SECTION

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL EQUIPMENT
131106 - 1
SECTION 131106

SWIMMING POOL EQUIPMENT
PART 1 GENERAL

1.01 WORK INCLUDED
A. Swimming pool equipment items required for this Work as indicated on the Drawings and specified herein.

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years experience with the materials and methods specified.

B. All equipment supplied or work performed shall comply with regulations governing public swimming pools and spas as contained within Chapter 31 of California Building Code, 2022 edition.

1.03 SUBMITTALS AND SUBSTITUTIONS
A. Provide submittals in conformance with the requirements of Section 013300.

B. Required submittals include:

1. Swimming Pool Deck and Mechanical Equipment as specified in 2.01 and 2.02.

C. Submit proof of qualifications as specified in Article 1.02.A of this Section.

D. The equipment shown on the plans represent the first listed items in the technical specifications. The Contractor shall be responsible for all required field coordination and installation of any approved equal product to provide a fully working and warranted system. The Contractor shall submit detailed shop drawings for any products used other than the first listed specified items. Contractor provided shop drawings shall include details and quality equal to the original plans and construction documents. The Contractor shall provide any and all required engineering including but not limited to structural and anchorage requirements for any proposed equipment other than the first listed specified equipment. The Contractor is responsible to provide a factory certified

SILLIMAN AQUATIC CENTER IMPROVEMENTS
OCTOBER 2025 NEWARK, CA

AQUATIC DESIGN GROUP SWIMMING POOL EQUIPMENT
131106 - 2
representative(s) to start-up and provide on-site training for all swimming pool mechanical equipment provided.

1.04 PRODUCT HANDLING
A. Protection: Use all means necessary to protect swimming pool equipment items before, during and after installation and to protect the installed work specified in other Sections.

B. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner’s Representative.

PART 2 PRODUCTS

2.02 DECK EQUIPMENT
A. (E) Handrails: KDI-Paragon 3 bend, 1.90" O.D. x .065" wall. KDI-Paragon, S.R. Smith, Paddock, or Spectrum. Clean, polish and reinstall.

B. (N) Commercial Cup Anchor: KDI-Paragon #70316SE, Spectrum #58316 or equal. Two (2) required
C. (N) ADA Lift: Aqua Creek Ranger 2. Complete with anchors, cover, extra battery pack. One (1) required.

D. ADA Lift Kit for Existing ADA Lift: Provide PAL Secure-It-Kit #200-1090A for existing ADA lift, one (1) required.

E. (N) Float Line: Handi-Lock Floats #44-190 5” x 9” float with ¾” rope. Custom size per plan.

Verify with Owner.

2.02 ULTRA VIOLET SYSTEM
A. ‘Evoqua’ #WF-125-6-N, 1x2.5 kw with 30-amp breaker, rated at 660 GPM at 40 mJ/cm2, 208V, 1 PH (110 lbs.) Complete with controller 23” x 31” x 12” deep, 110 lbs. Install per manufacturer’s instructions.

PART 3 EXECUTION

3.01 SURFACE CONDITIONS
A. Inspection:

1. Prior to installing the items of this Section, carefully inspect the installed Work of other trades and verify that all such Work is complete to the point where this installation may properly commence.

2. Verify that the swimming pool equipment items may be installed in strict accordance with original design, pertinent codes and regulations, and the manufacturers'

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recommendations.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Owner’s Representative.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies are fully resolved.

3. Failure to notify the Owner’s Representative and give written notice of discrepancies shall constitute acceptance by the Installer of existing conditions as fit and proper to receive its Work.

3.02 INSTALLATION
A. Supply and install items of swimming pool equipment in strict accordance with applicable codes and regulations, the original design, and the manufacturer's published recommendations, anchoring firmly and securely for long life under hard use.

B. Coordinate with other trades to insure all imbedded items are set plumb and flush. Railing ends must have anchor sockets and escutcheon plates. Be certain that deck equipment and railings are properly bonded prior to imbedding.

C. All equipment shall be braced and/or anchored to resist a horizontal force acting in any direction using the criteria shown on the Drawings.

3.03 INSTRUCTION
A. The Contractor shall provide a factory certified representative(s) to start-up and certify proper installation, operation and full warranty status of all swimming pool mechanical equipment.

The Contractor shall provide not less than two 8-hour days of on-site training for facility staff in the operation and maintenance of the swimming pool mechanical equipment and systems.

The two 8-hour days shall be separated by a minimum of seven calendar days and be completed within the 14-day start-up period.

3.04 EQUIPMENT ACTIVATION
A. All water chemistry and filtration mechanical equipment shall be operational upon filling of pool after plaster. Chemicals and other related support items as supplied by Contractor, shall be in supply at start-up.

B. For the first seven (7) calendar days after completion of the pool plaster, brush all plastered surfaces at least twice a day and coordinate with General Contractor to ensure that the plaster is carefully maintained after the initial seven-day period. In addition, coordinate with the Contractor to ensure that pool filtration equipment is continuously running during the initial fourteen-day period.

C. Start-up and provide qualified personnel to operate pool equipment for a period not less than seven (7) days after the pool is placed in operation, or until the Owner takes occupancy of the facility or letter of substantial completion. During this time, Contractor

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shall instruct and supervise the Owner's personnel in the various operating and maintenance techniques involved. Contractor shall be responsible for supply of chemicals during this not less than seven (7) day period and at time of turnover to Owner, chemical storage tanks shall be full. (Owner's personnel shall be fully trained and capable of assuming swimming pool maintenance tasks, training may begin before Owner takes occupancy).

3.05 CLEAN-UP
A. Upon completion of swimming pool equipment, remove all debris, materials and equipment occasioned by this Work to the approval of the Owner’s Representative.

END OF SECTION

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SECTION 131107

SWIMMING POOL MECHANICAL
PART 1 GENERAL

1.01 WORK INCLUDED
A. Swimming pool mechanical piping as indicated on the Drawings for new ultra violet system and appurtenances.

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years experience with the materials and methods specified.

B. Standards:

1. All equipment supplied or work performed shall comply with Chapter 31 of California Building Code, 2022 edition.

2. Work shall be performed in accordance with the applicable editions of all National, State and local codes, laws, regulations and ordinances, including the following:
a. American National Standards Institute (ANSI).
b. American Society for Testing Materials (ASTM).
c. American Waterworks Association (AWWA).
d. American Welding Society (AWS).

3. Do not construe anything in the Drawings or Specifications to permit Work not conforming to these requirements.

1.03 SUBMITTALS AND SUBSTITUTIONS
A. Provide submittals in conformance with the requirements of Section 013300. Requests for substitutions shall conform with requirements of Article 1.10.A of Section 131100.

B. Required submittals include:

1. Pipe and Fittings as specified in Article 2.02 of this Section.

2. Valves as specified in Article 2.03 of this Section.

3. Pressure / Vacuum Gauges as specified in Article 2.04 of this Section.

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4. Pipe Hangers and Supports as specified in Article 2.05 of this Section.

5. Sleeves and Waterstops as specified in Article 2.06 of this Section.

C. Submit proof of qualifications as specified in Article 1.02.A of this Section.

1.04 PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer’s original unopened containers with all labels intact and legible.

B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site.

C. Protection: Use all means necessary to protect swimming pool mechanical items before, during and after installation and to protect the installed Work specified in other Sections.

D. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner and at no additional cost to the Owner.

1.05 JOB CONDITIONS
A. Cooperate with entities performing Work specified in other Sections to so that no conflict of new construction or occupied space may occur. Should any installation Work be done without such craft coordination, that Work so installed shall be removed and re-installed.

PART 2 PRODUCTS

2.01 PRODUCT QUALITY
A. Materials and equipment shall be new, of the best quality for the purpose intended, and shall be clearly marked with the manufacturer's name and nameplate data or stamp and rating. As far as practicable, materials and equipment shall be of one manufacturer.

2.02 PIPE AND FITTINGS
A. PVC Schedule 40: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be white. Dura, Lasco, or approved equal.

B. PVC Schedule 80: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be gray. Dura, Lasco, or approved equal.

C. CPVC Schedule 80 Influent/Effluent Heater Piping: Type 1, normal impact, NSF approved for solvent welding applications, ASTM Specification D-1785, color shall be gray. Dura, or Lasco.

D. Cold plunge piping shall be schedule 80 throughout, from the cold plunge to the pool mechanical room. Install insulation on all cold-water PVC schedule 80 piping. Provide NBR/PVC closed-cell pipe insulation, pre-slit, pre-glued with overlap, ¾” wall thickness with a temperature range between -70° to 220°F for schedule 80 PVC pipe. Install pipe insulation per the manufacturer’s recommendations.

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E. PVC SDR35: Conforming to ATSM D-1784, use with epoxy coated bell and spigot-type fittings or epoxy coated mechanical joint by flange adapters with epoxy coated cast iron fittings as specified in Article 2.02 (G), below. Johns-Manville "Big Blue", Diamond Plastics, or approved equal.

F. Copper Tubing: ASTM Specification B-88, hard drawn, with ANSI Standard B16.22 wrot copper fittings.

G. Steel: ASTM Specification A-120, Schedule 40 black or galvanized pipe with ASTM A-47 150 lb. banded malleable iron threaded fittings.

H. Cast Iron: ASTM Specification B16.1, cast iron flanged fittings, provide epoxy coating as required for use with chlorinated water.

2.03 VALVES
A. Ball Valves:

1. For pool system: True-Union design, PTFE seat material with FPM or FKM Double Oring stem seals, locking handle, NSF certified. PVC schedule 80 body for below grade installation. PVC Schedule 80 body for above grade installation. Furnish ball valves on all pip diameters 2 ½” or less with a rating of at least 200psi at 73° F, Asahi, Ipex or Nibco.

2. For copper pipe system: 3-piece full-port Bronze body valve with Teflon seat, ‘Apollo’, ‘Nibco’ or approved equal.

B. Butterfly Valves:

1. Epoxy coated cast or ductile iron body, 316 stainless steel disc and stem, viton seat material, furnish hand wheel/gear operators on all valves 8" and larger. DeZurick, Keystone, Ipex or equal.

2. PVC body, PVC disc and EPDM construction suitable for chlorinated water applications.

Stem shall be of 316 stainless steel and non-wetted. Valves shall be self-gasketed design with a convex sealing arrangement. Valves 1-1/2” – 10” shall be rated to 150 psi and 12” valves shall be rated to 100 psi at 70°F. Asahi Pool-Pro, no known equal.

C. Check Valves: Wafer-type, epoxy coated cast or ductile iron body, 316 stainless steel plates and shaft, viton seat material. Centerline, Metraflex, or approved equal.

2.04 PRESSURE / VACUUM GAUGES
A. Furnish and install pressure and vacuum gauges on the discharge and suction sides of all pumps. 2” or 2 1/2" diameter dial, bottom connection, chrome ring, shut-off cock and snubber.

Ranges shall be selected to indicate between mid-point and two-thirds of maximum range under design conditions. Marsh, Trerice, or approved equal.

2.05 PIPE HANGERS AND SUPPORTS

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A. General:

1. The requirements of this Section relates to various requirements of the Agreement, General and Supplementary Conditions, Specifications, Drawings, and modifying documents which are part of the Construction Contract. Responsibility for coordination of all such applicable requirements will be that of the Contractor.

B. Description:

1. This section provides guidelines and limitations for the support of all mechanical, electrical, plumbing or architectural items from the building structure, and for the seismic bracing of such items.

2. Design and install all support and bracing systems as required for the swimming pool systems. Provide for attachment to portions of the building structure capable of bearing the loads imposed. Design these systems to not overstress the building structure.

C. Quality Assurance:

1. Design and install all support systems to comply with the requirements of the 2022 California Building Code, Chapter 16A.

2. Seismic bracing is to be designed by a professional engineer licensed in the State of California.

D. Submittals:

1. Submit shop drawings for all substructures and attachment methods.

2. Submit proposed alternative methods of attachment for review and approval by the Architects, prior to deviating from the requirements given below.

3. For all pipe hangers and support systems, submit structural calculations and details which include all resultant forces applied to the building structure and are prepared and signed by the Contractor’s licensed California professional engineer. Calculations will be reviewed for compliance with design criteria, not for arithmetic.

E. Materials:

1. Use Kin-Line, Grinnel, or approved equal.

2. Support all pipelines individually with hangers, each branch having at least one hanger.

Lateral brace as noted and required.

3. Support piping near floor with steel stanchions welded to end plates secured to pipe and floor.

4. Support vertical piping at each floor level. Install coupling in piping at each support.

Coupling shall rest on and transmit load to support. Isolate copper from steel supports with vinyl electrician's tape around pipe and coupling.

5. Use Stoneman "Trisolator," Unistrut, or approved equal, isolators at each hanger and other support points on bare copper tubing system.

6. For PVC pipe, space hangers four (4) feet apart for pipe sizes 1" and under, five (5) feet apart for pipe sizes 1-1/4" to 2", and six (6) feet apart for pipe sizes over 2". Space hangers for horizontal pipes at a maximum of six (6) feet for copper 2" and smaller and

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for steel 1-1/4" and smaller; ten (10) feet for copper 2-1/2" and larger and for steel 1-1/2" and larger.

7. Size hanger rods, screws, bolts, nuts, etc., according to manufacturer's sizing charts.

8. Trapeze hangers may be used for parallel lines.

9. Use galvanized or stainless steel hangers, attachments, rods, nuts, bolts, and other accessories in pool mechanical room, high humidity areas, or where exposed to weather. Hot dip galvanize all items which are not factory furnished. Plating for hinged movements must be done at the factory.

10. Lateral Bracing: To prevent swaying of the piping systems, provide angle iron bracing and anchor into wall or overhead framing. Piping shall be braced or anchored in such a way as to resist a horizontal force of 50% of its operating weight in any direction.

11. Do not use wire or other makeshift devices for hangers.

12. Furnish all substructures and fasteners required to comply with the limitations given below. Use material as specified in the various sections and as appropriate to their use.

13. Install stainless steel or FRP Unistrut, pipe clamps/hangers, supports/bracing with stainless steel hardware in the chemical storage rooms, surge/balance tanks, or any other corrosive environment.

F. Guidelines & Limitations:

1. Each Contractor will coordinate the load requirements from all subcontractors so that no combination of loads overstresses the building structure or exceed the limitations given below.

2. Concrete Structure:
a. Support all loads hung from concrete structure with cast-in-place inserts, unless drilled-in anchors are specifically approved in writing prior to placing the concrete. b. Concrete anchors must not penetrate into reinforcing bars. Where the anchors boring indicates the presence of reinforcing bar, patch hole with an epoxy type grout and relocate anchor 12 diameters away.
c. Individual expansion anchors cannot support any loads greater than 300 pounds or manufacturer’s specified load capacity without approval.

3. Steel Structure:
a. Hang no more than 20 pounds per metal deck rib in any span. b. At beams, hang all beam loads greater than 40 pounds concentric to beam, not off the flanges.
c. Attached no loads to the beams or girders greater than the following without specific approval from the architect;
i. Roof beams and girders: 300 pound point load or 600 pound total load for a single span.

G. Seismic Bracing:

1. Design and install seismic bracing to not ground out vibration and sound isolation systems.

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2. All items of mechanical and electrical equipment 60” or more in height are to be seismically braced whether such bracing is shown or not.

2.06 SLEEVES AND WATERSTOPS
A. Provide sleeves where work of this Section passes through fire rated partitions, floors and ceilings, concrete slabs or exterior of structure. Caulk clearance space using sealant appropriate for application in conformance with manufacturer's recommendations and Title 24 of California Code of Regulations. 3m, Dow Corning, or approved equal. In lieu of sleeves and caulking, "Link Seal" products may be used.

B. Provide prefabricated waterstops as indicated on the Drawings at all pipe penetrations through structures containing stored water (i.e., swimming pools, balance/surge tanks, etc.) to insure leak-proof seals.

PART 3 EXECUTION

3.01 SURFACE CONDITIONS
A. Inspection:

1. Prior to Work of this Section, carefully inspect the installed Work of other trades and verify that such work is complete to the point where this installation may properly commence.

2. Verify that items of this Section may be installed in accordance with the original design and referenced standards.

B. Discrepancies:

1. In the event of discrepancy, immediately notify the Owner’s Representative.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.

3. Failure to notify the Owner’s Representative and give written notice of discrepancies shall constitute acceptance by the Contractor of existing conditions as fit and proper to receive his work.

3.02 ABBREVIATIONS AND SYMBOLS
A. Abbreviations and symbols on the Drawings are those most commonly used. Obtain clarification from the Owner’s Representative on any questionable items before bid.

3.03 GENERAL PIPING REQUIREMENTS
A. Size any section of pipe for which size is not indicated or any intermediate section erroneously shown undersized the same size as the largest pipe connecting to it. Sizes listed are nominal.

B. Cut pipe accurately to job measurements and install without springing or forcing, true to line

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and grade, generally square with building and/or structures and adequately supported to prevent undue stress on pipe, fittings and accessories.

C. Make changes of direction with manufactured fittings. Street ells, bushings, reducing flanges, close nipples or bending of pipe is not allowed.

D. Use great care to install piping in accordance with best practice. Plastic pipe shall be “snaked” in trenches to allow for thermal expansion.

E. All above grade, below grade and buried or imbedded PVC shall be installed using solvent weld fittings. Also, each and every fitting and pipe end shall be prepared with solvent primer.

Fittings shall be joined individually and with enough time between assembly of adjacent joints to allow them to seal solidly. After joining, an even ring of primer must be visible around the entire fitting. If any fittings are installed without visible primer, the fitting shall be removed and discarded and piping recut, rechamfered and joint made up again using a new fitting. All procedures, methods and techniques used to make up solvent weld joints shall be in strict accordance with manufacturer's recommendations.

F. Arrange pipe and hangers to allow for expansion, contraction and structural settlement. No pipe shall contact structure except penetrations as shown on the Drawings.

G. Provide dielectric connections between copper and dissimilar metals. In copper systems, threaded piping including connections to equipment shall be brass pipe and fittings. Install dielectric connections in vertical sections of piping only.

H. Run pipe full size through shut-off valves, balancing valves, etc. Change pipe size within three (3) pipe diameters of final connection to control valves, fixtures and other equipment.

I. Provide unions or flanges at connections to equipment, on service side of valves and elsewhere as required to facilitate ease of maintenance.

J. Locate equipment shut-off valves as close to equipment as possible maintaining easy valve access.

K. Make all connections between domestic water systems and equipment or face piping with approved backflow prevention devices as required.

L. All PVC pipe exposed to direct sunlight shall be painted with two coats of Exterior Acrylic Semi-gloss Paint, Sherwin Williams or equal. Color to be selected by the Architect. Prior to painting the PVC pipes, the exterior of all PVC pipes shall be wiped with Methyl Ethyl Ketone, or an approved equal, to remove the glaze from the pipes.

M. The Main Drain pipe must run either level or uphill from the main drain sump, through the surge pit (if applicable) and then to the circulation pump.

3.04 TRENCH EXCAVATION AND BACKFILL
A. Excavation:

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1. Excavate and backfill trenches as required for the Work of this Section. Conform to requirements of Section 131101.

2. The Contractor shall perform all excavation of every description and of whatever materials encountered, to the depths indicated on the Drawings or as necessary. The Contractor shall dispose of the excavated materials not required or suitable for backfill as directed, and shall perform such grading as may be necessary to prevent surface water from flowing into the trenches. The Contractor shall provide adequate equipment for the removal of storm or subsurface waters, which may accumulate in the excavated areas.

B. Trenching:

1. Excavate trenches to lines and grades as indicated on the Drawings and with banks as nearly vertical as practicable.

2. Bottoms of trenches shall be accurately graded to provide uniform bearing on undisturbed soil for the entire length of each section of pipe.

3. The width of the trench at and below the top of the pipe shall be such that the clear space between the barrel of the pipe and the trench wall shall not exceed 8” on either side of the pipe. The width of trench above the top of pipe may be wider if necessary.

4. Over-depth excavations shall be filled with tamped sand to required grades.

5. Excavations of five (5) feet or more in depth shall be shored or supported in conformance with rules, and regulations of State and Federal Governments. Shoring shall be constructed, maintained and removed in a manner to prevent caving of the excavation walls or other load on the pipe.

C. Backfilling:

1. Material for backfilling of pipes shall be approved granular material less than two (2) inches in diameter obtained from the excavation. No material of a perishable, spongy or otherwise unsuitable nature shall be used as backfill.

2. Backfilling of pipe trenches shall commence immediately after installation and testing to preclude damage to the installed pipe. Backfill around pipe shall be carefully placed so as not to displace or damage the pipe, and shall be carried up symmetrically on each side of the pipe to one foot above the top of the pipe. The material shall be carefully compacted or consolidated before additional backfill is placed.

3. Backfill above an elevation of one foot above the top of pipe in conformance with requirements of Section 131101. Material for balance of backfill shall be approved granular material less than six (6) inches in diameter taken from the excavation.

4. Unless otherwise indicated on the Drawings, all pipe shall have a minimum of eighteen (18) inches of cover.

3.05 GENERAL EQUIPMENT REQUIREMENTS
A. Position equipment to result in good appearance and easy access to all components for maintenance and repairs.

B. Install piping, flues, breeching and ducts so that they do not interfere with equipment access.

C. Install level, secure and out of moisture. Provide shims, anchors, support straps, angles,

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grouted bases, or other items as required to accomplish proper installation.

D. All screws, nuts, bolts and washers shall be galvanized, or stainless steel. After fabrication, hot-dip galvanize unfinished ferrous items for outdoor, below grade or other use subject to moisture.

E. Extend 1/2” Schedule 40 black steel pipe lubrication tubes from all hard to reach locations to front of equipment or to access points. Terminate with proper type of lubrication fitting.

3.06 VALVES AND STRAINERS
A. If no shut-off is indicated, provide ball valves at inlet connections and balance valves at outlet connections to fixtures and equipment. Provide proper valve trim for service intended.

B. Use no solder end valves unless noted otherwise; provide adapters in copper tubing systems.

C. Locate valves with stems above horizontal plane of pipe. In general, locate valves within six (6) feet of floor, out from under equipment, in accessible locations with adequate clearance around hand wheels or levers for easy operation.

D. Provide all valves, cocks and strainers, full pipe size unless indicated otherwise.

E. Provide hand wheel operators on all valves 6” and larger, under 6” lever operators may be used.

F. Provide tool operated valve with stainless steel shaft extension and 'on deck' tool operation for surge chamber butterfly isolation valve.

3.07 IDENTIFICATION OF PIPING
A. Pipe identification and direction of flow shall be in compliance with ANSI/ASME A13.1. Identify each valve by a numbered brass tag with hole and brass chain mounted on valve stem or handle. Tag to be a minimum of 1” in diameter and numbers at least 1/4” high stamped into tag. Valves and plumbing lines shall be labeled clearly with the source or destination descriptions.

B. Install an identification chart in a plastic or glass framed enclosure, which schematically illustrates the proper operation of all piping systems and indicates number and location of all valves and control devices within the system.

C. The direction of flow for the recirculation equipment shall be labeled clearly with directional symbols such as arrows on all piping in the equipment area. Where the recirculation equipment for more than one pool is located on site, the equipment shall be marked as to which pool the system serves.

3.08 TESTS
A. Perform tests in presence of Owner’s Representative with no pressure loss or noticeable leaks.

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B. Do not include valves and equipment in tests. Include connection to previously tested sections if systems are tested in sections.

C. Perform tests as follows:

System Test
Pressure
Test
Medium
Duration
Skimmer Lines and
Main Drain sump lines
20psig Water* 4 hours
Pool Piping 50 psig Water* 4 hours
Pool Main Drains 30 psig Water* 4 hours
Domestic Water 150 psig Water* 4 hours
*Never test PVC pipe or fittings with air or other gases, always use water.

3.09 PIPE MATERIAL APPLICATION
A. PVC Schedule 40: Below grade swimming pool piping and domestic water piping up to 12” line size; use standard solvent weld fittings.

B. PVC Schedule 80: Above grade swimming pool piping up to 12” line size; use solvent weld Schedule 80 or epoxy coated cast iron fittings.

C. Type L Hard Copper: Above grade domestic water piping.

D. CPVC Schedule 80; Pool Heater Piping.

E. Schedule 40 Steel: Natural gas piping.

F. Pipe Insulation for Heat Exchanger, Coolant Lines, Cold Plunge, Cold Water Interior Piping:

Install pipe insulation on all cold water PVC schedule 80 cold plunge circulation piping located in the pool mechanical room and exposed above grade piping. Provide NBR/PVC closed-cell pipe insulation, pre-slit, pre-glued with overlap, ¾” wall thickness with a temperature range between -70° to 220°F for schedule 80 PVC pipe.

G. Pipe Insulation for Heat Exchanger, Coolant Lines, Cold Plunge or Cold Water Exterior Piping:

Install pipe insulation on all cold water PVC schedule 80 cold plunge circulation piping located outside pool mechanical room and exposed above grade piping. Provide aluminum jacketed NBR/PVC closed-cell pipe insulation with a temperature range between -70° to 220°F for schedule 80 PVC pipe.

3.10 CUTTING AND DRILLING
A. Cutting or drilling necessary for installation of Work of this Section shall be done only with approval of Owner’s Representative.

3.11 CLOSING-IN OF UNINSPECTED WORK
A. Do not cover or enclose Work before testing and inspection. Re-open Work prematurely

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closed and restore all Work damaged.

3.12 QUIETNESS
A. Quietness is a requirement. Eliminate noise, other than that caused by specified equipment operating at optimum conditions, as directed by Owner’s Representative.

3.13 FLUSHING OF LINES
A. Flush or blow out pipes free from foreign substances before installing valves, stops or making final connections. Clean piping systems of dirt and dust prior to initial start-up.

B. Just prior to plastering the pool, under the observations of the IOR, the pool mechanical system shall be flushed using the pool circulation pump. Circulate water through the mechanical system until the effluent water from the pool return heads runs clean.

3.14 CLEAN-UP
A. After all Work has been tested and approved, the Swimming Pool Subcontractor shall thoroughly clean all parts of the equipment installations, including all pool pipe and fittings in the pool mechanical room. Exposed parts shall be cleaned of cement, plaster and other materials and all grease and oil spots removed with solvent.

B. The Swimming Pool Subcontractor shall remove debris from the Project site. Cartons, boxes, packing crates and excess materials not used, occasioned by this work shall be disposed of to the satisfaction of the Owner’s Representative.

C. If the above requirements of clean up are not performed to the satisfaction of the Owner’s Representative, the Owner reserves the right to order the work done, the cost of which shall be borne by the Swimming Pool Subcontractor.

END OF SECTION

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SECTION 131108

SWIMMING POOL ELECTRICAL
PART 1 GENERAL

1.01 WORK INCLUDED
A. Provide labor, materials and equipment as required to install the swimming pool electrical system including but not limited to:

1. A complete and operable system of service equipment, conduits, and wiring for power.

2. Junction and/or pull boxes, conduits, disconnects, starters, contactors, wiring and connection of all mechanical equipment, including connection and wiring of line voltage controls associated with the mechanical systems.

3. Complete grounding system as required and shown on the Drawings.

4. Complete equipotential bonding system as required and shown on the Drawings and in accordance with National Electric Code Article 680.

5. Adjusting and preliminary operation of the completed electrical system as described in Article 3.06, A of this Section.

6. Cleaning of all completed Work and installation adjustment of all trim and decorative items.

1.02 QUALITY ASSURANCE
A. Qualifications of Workers:

1. The entity performing the work of this Section shall have been successfully engaged in the respective trade for at least five (5) years immediately prior to commencement of the Work.

2. For actual construction operations, use only trained and experienced workers with a minimum of three (3) years experience with the materials and methods specified.

B. Ordinances and Codes: Materials and construction shall conform with all applicable code requirements, including:

1. National Electrical Code, latest edition; Electrical Safety Orders of the State of California; Department of Industrial Relations; regulations of the State Fire Marshal; rules and regulations of the Board of Underwriters of the Pacific, UL 50, 50E and NEMA 250 rating.

2. Chapter 31 of California Building Code, 2022 edition.

C. Verification of Conditions:

1. The locations shown on the Drawings are diagrammatic only and the exact finish location of equipment and materials cannot be indicated. Therefore, locations of all Work and equipment shall be verified to avoid interferences, preserve head room and

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keep openings and passageways clear. Changes shall be made in locations of equipment and materials which may be necessary to accomplish these purposes.

D. Preliminary Operations and Testing:

1. Motor driven equipment shall be tested for correct rotation and completion of all connections.

B. Required submittals include:

1. Conduit and Fittings as specified in Article 2.02 of this Section.

2. Panelboards as specified in Article 2.08 of this Section.

3. Circuit Breakers as specified in Article 2.09 of this Section.

4. Motor Starters as specified in Article 2.12 and 2.13 of this Section.

5. Fuses as specified in Article 2.15 of this Section.

6. Time Clocks as specified in Article 2.16 of this Section.

7. Ground Fault Circuit Interrupters as specified in Article 2.17 of this Section.

8. NEMA Type 4x corrosion resistant UL 50, 50E & NEMA 250 rating for enclosures, cabinets and boxes as specified in Article 2.11 & 2.18 of this Section.

C. Submit proof of qualifications as specified in Article 1.02.A of this Section.

1.04 PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer’s original unopened containers with all labels intact and legible.

B. Storage: Store all materials under cover in a manner to prevent damage and contamination, and store only the specified materials at the Project site.

C. Protection: Use all means necessary to protect swimming pool electrical materials before, during, and after installation and to protect the installed Work specified in other Sections.

PART 2 PRODUCTS

2.01 MATERIALS, GENERAL
A. Materials shall be new, in unbroken packages and bear the U.L. label of approval.

B. Equipment of one type shall be by same manufacturer. One type of equipment for classifications such as:

1. Switchboards, panels, buss duct, disconnect switches and allied items.

2. Conduit.

3. Wire.

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4. Conduit fittings.

5. Fixtures of the same general type.

6. Wiring devices.

2.02 CONDUIT AND FITTINGS
A. Conduit within or under buildings or where exposed outdoors shall be rigid metal threaded, hot dipped galvanized, or U.L. approved plastic except where noted otherwise on the Drawings.

Metallic conduit shall be of the same metal between outlets or terminals.

B. Use flexible metallic conduit only for short connections of motors and where specifically called for on Drawings. Maximum length shall be 40". Use only liquid tight flexible metal conduit.

Install an unbroken #12 AWG insulated copper grounding conductor in each liquid tight flexible conduit with permanent connection at motor junction box and service panel ground.

C. Protect, before installation, metallic conduit runs in all slabs laid on grade or in contact with the earth or exposed in damp locations, with two (2) heavy coats of asphaltum rust-resisting compound.

D. Encase conduits 2-1/2" or larger run underground, outside, or under buildings, in concrete envelopes a minimum of 3" thick, except as indicated otherwise on Drawings or stubouts.

Conduits 2 and smaller laid 18" below finish surface in soil.

E. Low voltage runs underground outside buildings, 1-1/4" or smaller, may be G.I. or sherardized steel conduit, with machine applied wrapping equal to double wrap or Scotch-Wrap #50 tape, half lapped and quadrupled at joints in lieu of concrete encasement.

F. Service conduits through foundations or concrete members shall run through metal sleeves with adequate clearances for full movement of the conduit. Do not run conduits through footings.

G. Secure conduits run exposed on surfaces with one hole heavy-duty straps or fasten with matching fittings to inserts or trapezes, parallel to building walls and ceilings.

H. Cap all conduit or duct stub-outs with standard factory caps; except cap threaded steel conduit with B.I. water pipe caps in outdoor locations.

I. Use conduit fittings as manufactured by Crouse-Hinds Company, Appleton Electric Co., or approved equal.

J. Employ U.L. liquid tight fittings for use with liquid tight flexible metal conduit.

K. Use unions as manufactured by Appleton, O-Z/Gedney, or approved equal. The use of running threads will not be permitted.

L. Exposed conduit and fittings in chemical rooms shall be nonmetallic rigid polyvinyl chloride, corrosion resistant rated suitable for installation in corrosive environments and in accordance with the latest NEC requirements.

2.03 EQUIPOTENTIAL BONDING/GROUNDING

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A. Bond together and ground to a common ground at a single point all metallic conduit, piping systems, pool reinforcing steel, metal parts of ladders, lifeguard stands, handrails and their supports and the like. The solid copper bonding conductor shall not be smaller than #8 copper.

Provide equipotential bonding per Article 680 of the National Electrical Code. In instances where no deck reinforcement is present, Contractor shall provide a minimum of three feet of equipotential bonding material in conformance with Code. All bonding items shall be inspected prior to concrete pour.

2.04 WIRING CONNECTIONS
A. Make connections without strain on conductors, allowing the conductors to take a natural position after connections or taps are made. Include all strand of wire in making the connection.

B. Make connections for wiring by one of the following means:

1. Make all taps or connections to conductors with compression type connectors except those smaller than #8 B&S gauge may have soldered connections. Solderless connections for #10 AWG or smaller may be used and shall be "Scotchlok", Buchanan, or approved equal. For #8 AWG or larger, they shall be T&B "LockTite", Burndy "Versitaps", or approved equal.

2. All cable or conductor terminal lugs shall be Burndy "Quicklug", Ilsco, or approved equal.

Two piece stamped lugs and solder lugs will not be approved.

3. Paint taped splices in damp or outdoor locations with two (2) coats of insulating paint.

4. Tag all branch circuit wires with circuit number at the panelboard and at each point of use with linen or plastic tags.

2.05 CONDUCTORS
A. Copper RHW or THW. Do not make splices between boxes.

2.06 COLOR CODING
A. Neutrals (identified conductors shall be white).

B. Phase conductors shall be red for phase B; blue for phase C.

C. Green shall be used for mechanical equipment and receptacle grounds only.

2.07 MOTOR WIRING
A. Make final connections to motors with the required AWG (Minimum #12), Flamenol machine tool wire, 19 strand. Control wiring for equipment shall be Flamenol machine tool wire, 19 strand of required AWG. Provide corrosion resistant junction boxes at each item of equipment to change from standard building wiring to machine tool wire.

B. Phase motors as proper in direction of rotation.

2.08 PANELBOARDS

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A. Panelboards shall be flush or surface mounting as indicated with circuit breakers as shown on panel schedule, hinged lockable doors, index card holders and proper bussing.

B. Where indicated on the drawings, panelboards shall be furnished with subfeed breakers and/or lugs, split bussing, contractors, time switches, relays, etc., as required.

C. All panelboards shall be keyed alike.

D. All panelboard enclosures shall be corrosion resistant rated NEMA 4X in accordance with the latest NEC requirements.

E. Furnish corrosion resistant panelboard enclosures and terminal cabinets with Yale 46515 flush locks and LL806 keys except where indicated otherwise herein. Fasten the trim to panel boards and terminal cabinet by means of concealed, bolted or screwed fasteners accessible only when the door is open.

F. Panelboards 208/120 volt, three phase, 4 wire, S/N or 120/240 volt, single phase, 3 wire, S/N.

Panelboard types as manufactured by:

Westinghouse Type B10B
General Electric Type NLAB
Square D Type NQOB
G. Panelboards for 480/277 volt, three panes, 4 wire, S/N.

Panelboard types as manufactured by:

Westinghouse Type Pow-R-Line 2
General Electric Type AE
Square D Type NEHB
Sylvania Type NH1B
I.T.E. Type Approved Equal
H. Panelboard for bussing sizes thru 400 amp shall be 20" wide surface mounted type. Recess mounted type shall have a 20" wide (maximum) recess metal enclosure with trim plate cover extending 1" on all sides of enclosure. Depth shall be 5-3/4" nominal. Height of panel as required for devices.

I. Provide 6" additional gutter space in all panels where double lugs are required, or where cable size exceeds bus size. Minimum bottom gutter space shall be 6" high. 12" additional gutter space may be required for aluminum feeders where used.

J. Panelboards shown on the drawings with relays, time clocks or other control devices shall have a separate metal barriered compartment mounted above panel with separate hinged locking door to match panelboard. Provide mounting sub-base in cabinet for control devices and wiring terminal strips.

K. Panelboard shall have a circuit index card holder removable type, with clear plastic cover. Index card shall have numbers imprinted to match circuit breaker numbers.

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2.09 CIRCUIT BREAKERS
A. Breakers shall have a minimum short circuit interrupting rating of 10,000A symmetrical for panelboard voltage thru 240 volt and 14000A for panelboards thru 600 volts or as specified on the drawings. In no case shall the interrupting rating be less than the bus withstand rating unless noted otherwise on the drawings.

B. Circuit breakers as manufactured by the following companies only are acceptable:

1. General Electric Company

2. Square D Company

3. Westinghouse Company

4. I.T.E. Company
C. Circuit breakers shall be arranged in the panels so that the breakers of the proper trip settings and numbers correspond to the numbering in the panel schedules on the drawings. Circuit numbers of breakers shall be black-on-white micarta tabs or other previously approved method.

Circuit number tabs which can readily be changed from front of panel will not be accepted.

Circuit number tabs shall not be attached to or be a part of the breaker.

D. Where two or three pole breakers occur in the panels, they shall be common trip units. Single pole breakers with tie-bar between handles will not be accepted.

E. All circuit breakers shall be padlockable in the "off" position. Locking facilities shall be riveted or mechanically attached to the circuit breaker (submit sample for approval). Other means of attachment shall not be accepted without prior written approval of Architect.

F. Where branch circuit breakers supply the power to motors and signal systems, the breakers shall be furnished with lockout clips, mounted in the "on" position. The breakers shall be able to trip automatically with lockout clips in place.

G. Panelboard circuit breakers shall be bolt-on type.

2.10 BUSSING
A. Bussing shall be rectangular cross section copper, or full length silver or tin-plated aluminum.

B. Bussing shall be braces to withstand symmetrical short circuit ratings as follows or as noted on drawings. In no case shall bus short circuit bracing be less than specified circuit breakers.

C. Each panelboard shall be equipped with a ground bus secured to the interior of the enclosure.

The bus shall have a separate lug for each ground conductor. No more than one conductor shall be installed per lug.

2.11 POOL MECHANICAL EQUIPMENT ENCLOSURES, TERMINAL CABINETS & MISC CABINETS A. All pool mechanical equipment enclosures, terminal cabinets and miscellaneous cabinets in the pool mechanical room or chemical storage rooms shall be corrosion resistant rated in accordance with the latest NEC requirements. Enclosures and all cabinets shall be flush mounted (except where noted a surface) of the size indicated on the drawings, and complete with hinged lockable

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doors and the number of 2-way screw terminals required for termination of all conductors.

Terminal cabinet locks to operated form same key used for panelboards. The trim to terminal cabinets shall be fastened by means of concealed bolted or screwed fasteners accessible behind door to terminal cabinets. Terminal cabinets shall have 5/8" plywood backing.

B. Provide engraved nameplate on each enclosure and cabinet indicating its designation and system (i.e., Swimming Pool - Panel ‘SP’).

2.12 MOTOR CONTROL INDIVIDUAL STARTERS
A. Manual Motor Starters:

1. Provide flush or surface mounting manual motor starters with number of poles and size of thermal overload heaters as required for the motor being controlled (equipped with overload heaters, one for each motor lead). Back boxes shall be supplied with all flush mounting starters whether they are toggle type requiring only a 4" square outlet box or the larger type requiring a special box and cover designed to accept the particular unit. All box types shall be corrosion resistant rated in accordance with the latest NEC requirements.

2. Unless otherwise noted on the drawings, all manual starters for single phase motors, smaller than 1 h.p., shall be the compact toggle type. Manual starters for all single phase motors, 1 to 5 h.p., and all three phase motors up to 5 h.p. shall be the heavy duty type.

3. Where manual motor starter is shown with pilot light, the pilot light shall be installed in a separate outlet box adjacent to the starter outlet, and engraved nameplate in indicate function of pilot light.

4. The following motor starters as manufactured by:

Manufacturer Single Phase
1HP and Below
Others
Arrow Hart Type RL Type LL
General Electric CR 101 Class CR 1062
I.T.E. Class C10, C11 or C12 Class C20
Square D Company Class 2510, Type A Class 2510, Type B & C Westinghouse Type MS Type A100
Allen Bradley Approved Equal Approved Equal.

B. Individual Magnetic Motor Starters:

1. Magnetic motor starters shall be A.C. line voltage, across-the-line units in a corrosion resistant rated enclosure in accordance with the latest NEC requirements.

2. All starters located outside of a building whether or not indicated shall be W.P. (weatherproof), and all starters noted W.P. shall be furnished in a corrosion resistant rated stainless steel enclosure in accordance with the latest NEC requirements.

3. Starter shall be horsepower rated for the motor controlled, and shall be equipped with properly sized overload elements. Every pole shall be with overload element.

4. Verify the exact motor current and voltage characteristics with the Contractor supplying the motor before installation of a starter.

5. Each starter shall be equipped with "Hand-Off-Auto" switch or stop-start pushbutton as required.

6. Coils shall be designed to operate on voltage indicated on control diagrams and have built-

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in-under the voltage release for coil circuit to drop motor starter off the line when the line voltage drops below normal operating voltage.

7. The coil control circuit shall be independently fused, sized to protect coil.

8. Starters to be equipped with running pilot light indication with a "Push-to-Test" feature.

9. Magnetic starters shall have a minimum of two auxiliary contacts. Additional auxiliary contacts shall be provided as required to comply with the requirements of the wiring diagrams on the electrical and mechanical drawings and the description of the function in the Mechanical Section of the Specifications.

10. Starters shall comply with NEMA standards, size and horsepower ratings as indicated on drawings.

11. The following types of magnetic motor starters as manufactured by:

Manufacture Type
General Electric Class CR 106
I.T.E. Class A20
Square D Company Class 8536
Westinghouse Type A200 (Size 4 Max.) or
Class II-200 (Sizes 5-8)

2.13 INDIVIDUAL COMBINATION MOTOR STARTERS
A. Combination starter shall incorporate fused disconnect switch and individual magnetic motor starter. Combination starters shall be mounted in a corrosion resistant rated enclosure in accordance with the latest NEC requirements.

B. Starters shall comply with NEMA standards, size and horsepower ratings as indicated on drawings General Electric, Square D, Westinghouse or I.T.E.

B. The disconnect handle used on combination starters shall control the disconnect device with the door opened or closed. The disconnect handle shall be clearly marked as to whether the disconnect device is "ON" or "OFF", and shall include a two-color handle grip, the black side visible in the "OFF" position indicating a safe condition, and the red side visible in the "ON" position indicating an unsafe or danger condition.

C. All starters used in combination starters shall be manufactured in accordance with the latest published NEMA standards, sizes, and horsepower ratings. These starters shall be furnished with three melting alloy type thermal overload relays.

D. Thermal units shall be of one-piece construction and interchangeable. The starter shall be inoperative if a thermal unit is removed.

2.14 MOTOR CONTROL CENTER, INTERLOCKS AND CONTROL DEVICES A. Refer to mechanical and plumbing drawings and specifications and provide all control devices including timeswitches, relays and interconnection of starters as required.

B. Mount all relays and timeswitches in a separate compartment in motor control center unless otherwise indicated.

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C. Whether shown on mechanical and plumbing drawings or control center schedules or not, where motors are controlled by external devices (i.e., thermostats, relays, float or pressure switches, etc.) or interlocked with other motors, each motor starter to be equipped with a "Hand-Off-Auto" selector switch in starter cover. Other starters equipped with a "Start' Stop" pushbutton station in starter cover. The Contractor shall be responsible to submit a complete and detailed set of shop drawings, electrical schematic design along with electrical component cut sheets from the MCC panel or the interlock control device manufacturer. RSD Total Control: Allan Pearson 949-380- 7878, South Coast Controls: Anthony Ellis 714-998-5656, H2O Integration Controls, Mike Macri, 253-244-1576 or approved equal.

2.15 FUSES
A. Fuses shall be dual element, current limiting type, U.L. Class RK5 unless otherwise indicated on the drawings. Provide one spare set of fuses of each size and type in each motor control center.

2.16 TIME CLOCKS
A. Time clocks shall be provided for all underwater lighting systems and swimming pool circulation pumps not controlled by filter microprocessors.

B. Contacts shall have a minimum rating of 40 amperes at 277V.

C. Timing motor shall be heavy duty synchronous, self starting, high torque type, and shall be rated at 120, 208, 240, 277 volt 60 Hz.

D. Motor shall operate normally at temperature range of -60 degrees Fahrenheit to +120 degrees Fahrenheit.

E. Dial shall be 3" diameter, clearly calibrated with day/night zones and 24 hour rotation, with gear to provide one revolution yearly which automatically varies the on/off settings each day according to seasonal changes. Day and month of the year shall show clearly through calendar window on the dial.

F. Time clocks shall be equipped with 7-spoke omitting wheel marked with days of the week.

G. Time clocks shall be housed in a corrosion resistant rated enclosure in accordance with the latest NEC requirements.

H. Acceptable manufacturers are Intermatic, Tork, Paragon, or approved equal.

2.17 GROUND FAULT CIRCUIT INTERRUPTERS
A. Minimum rating shall be 20 amperes, 125V, 5 milliampere trip setting, Class A per UL943.

B. Manufacturer to be Crouse-Hinds, Leviton, or approved equal.

2.18 BOXES
A. Boxes shall be of the size required by ordinances or larger, must be corrosion resistant in

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accordance with the latest NEC requirements where concealed or exposed on ceilings or walls.

B. Outlets to be surface where wiring is exposed and flush in areas where conduit is concealed.

B. Provide surface outlets with proper corrosion resistant surface covers. Box and cover shall be deep enough to provide at least 1/4" clearance between back of device and back of box.

Where box contains more than one device, use a corrosion resistant rated gang box with proper cover in accordance with the latest NEC requirements. Surface outlet boxes shall be of the threaded hub type wherever below 8'0".

C. If necessary for cable installation, additional pull boxes or junction boxes may be installed in accessible locations. Exposed pull boxes and junction boxes shall be corrosion resistant rated in accordance with the latest NEC requirements.

E. Where exposed to weather pull boxes larger than outlet boxes are required, galvanized code gauge sheet steel boxes may be used with covers attached by brass machine screws may be used. Boxes exposed to the weather shall be approved for the purpose, and conduit entrances shall be on the bottom made by means of an interchangeable hub with gasket and adapter nut. Pull boxes not shown on Drawings may be added only after approval of size and location is obtained.

F. For outlets exposed to weather or where noted, cast outlet boxes shall be Crouse-Hinds, Appleton, or approved equal. Boxes shall have proper number and size hubs. Device plates, covers, adapters and boxes shall be as manufactured by Crouse-Hinds, Appleton, or approved equal.

G. Exposed junction boxes, outlet boxes and pull boxes for pool chemical rooms shall be non - metallic suitable for a corrosive environment and in accordance with the latest NEC requirements.

2.19 IDENTIFICATION MARKINGS
A. Plainly mark all motor and electrical appliance control equipment indicating the equipment controlled with engraved metal tags.

B. Provide laminated plastic nameplates on panelboards on the outside of the door at the top indicating panel designation and feeder source.

C. Provide laminated plastic nameplates on distribution switchboards and motor control centers at the top center indicating panel designation and feeder source.

D. Identify each distribution switchboard and motor control center circuit breaker with a laminated plastic nameplate indicating its' use.

E. Type panelboard directories on the forms provided with the equipment, indicating the use of each branch circuit breaker.

F. Fasten all laminated plastic nameplates to surfaces with two (2) or more screws.

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PART 3 EXECUTION

3.01 INSPECTION
A. Verify conditions at the Project site before submitting bid. Be responsible for providing all necessary wiring for the new electrical systems. Wherever wiring is being disrupted due to remodeling or changes, reconnect existing and provide new wiring circuits to accomplish a fully operable system at no additional cost to the Owner.

3.02 COORDINATION
A. The Drawings are essentially diagrammatic and indicate the desired location, size, routes, connection points, etc., and are to be followed as closely as possible. Proper judgment must be exercised in executing the Work so as to provide the best possible installation in the available space and to overcome difficulties, limitations or interference wherever encountered.

Be responsible for the correct placement of this Work, the proper location and connection in relation to Work of other trades, for determining the exact location of all conduits, outlets and equipment, and for installing the conduits in such a manner as to conform to the structure, avoid obstruction, preserve headroom and keep openings and passageways clear. Particular attention is directed to the close coordination required on exposed Work. Locations shown on Architectural or Mechanical Drawings if different than those shown on Electrical Drawings should be communicated to the Owner’s Representative in writing for clarification.

3.03 INSTALLATION
A. Trenching and Backfill: Conform with requirements of Section 131101. Provide minimum cover as required by Code.

B. Conduit Installation:

1. Conduit and metallic raceway systems shall be mechanically and electrically continuous from sources of current to all outlets in a manner to provide a continuous grounding path. Close ends of conduit during construction to prevent entrance of dirt or moisture.

2. Securely fasten conduit to the building construction within three feet of each outlet and within every ten feet thereafter. Secure it to boxes, cabinets, pull boxes, terminals with two locknuts and ends equipped with bushings or a terminal fitting. Cut square with ends carefully reamed.

3. Make bends or elbows so that the conduit will not be injured or flattened.

4. Use insulated metallic bushings in all places where bushings are required.

5. Run exposed conduits level or plumb and parallel to the construction members of the building. No cutting across or diagonal runs will be permitted. Neatly surmount structural obstructions encountered on conduit runs by the use of fittings or pull boxes.

6. Identify feeder conduits by stamped metal tags secured to exposed section of conduit in main or sub-panels.

7. Make up all threaded conduit joints gas and watertight with conductive sealer except conduit above ground in dry indoor locations.

8. Rigidly support all boxes independently of the conduit system.

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C. Connections to Equipment:

1. Fully connect, in an approved manner, all electrical outlets, apparatus, motors, equipment, fixtures, wiring devices and appliances whether they are installed under the Electrical Contract or not, which require electrical connections, to the corresponding electrical system outlet.

2. Where the Work of this Section requires connections to be made to equipment that is furnished and set-in-place under other Sections, obtain such roughing-in dimensions from the manufacturer or supplier of each item as required and assume full responsibility for the installation of the connections thereto.

3.04 ADJUSTMENT AND CLEAN-UP
A. Preliminary Operation: Should the Owner’s Representative deem it necessary to operate the electrical installation or any part thereof prior to Substantial Completion of the Work, consent to such preliminary operation and supervise conduction of same. Subcontractor shall pay all costs occasioned by such operation. Preliminary operation shall not be construed as an acceptance of any Work installed under this Contract.

B. Clean-up: Upon completion of the Work of this Section, immediately remove all swimming pool electrical materials, debris and rubbish occasioned by this Work to the approval of the Owner’s Representative.

END OF SECTION
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING PLANS AND SPECIFICATIONS FOR

THE SILLIMAN AQUATICS CENTER LAZY RIVER POOL
REPLASTER PROJECT (CIP PROJECT NO. 1114) AND

RELATED AQUATIC CENTER ULTRAVIOLET SANITATION
SYSTEM IMPROVEMENTS (CIP PROJECT NO. 1325), AND

AWARDING A CONSTRUCTION CONTRACT TO ADAMS

POOL SOLUTIONS
WHEREAS, the City of Newark Public Works Department invited sealed bids for the construction of the Lazy River Pool Replaster Project at the Silliman Aquatics Center, Capital Improvement Project No. 1114; and
WHEREAS, the City has upon due notice, received a total of 3 bids for the project that were reviewed by staff for responsiveness and responsibility; and WHEREAS, as stated in the Notice to Contractor and Project Specifications, determination of the lowest responsive, responsible bidder was based on the total Base Bid; and WHEREAS, Adams Pool Solutions, located at 3675 Old Santa Rita Road, Pleasanton, California, submitted the lowest responsive and responsible base bid in the amount of $139,230; and
WHEREAS, bid alternates were solicited for accessibility improvements and installation of a new ultraviolet water treatment system associated with Aquatic Center Ultraviolet Sanitation System Improvements, Capital Improvement Project No. 1325, to improve water quality and extend the life of the new plaster surface; and
WHEREAS, Adams Pool Solutions submitted a price of $70,015 for the bid alternates, resulting in a total construction contract amount of $209,245; and WHEREAS, staff recommends a construction contingency of 25% of the total project cost including base bid and alternates to address potential unforeseen conditions associated with the unique geometry of the Lazy River pool and potential substrate and tile replacement during construction.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the plans and specifications for the Lazy River Pool Replaster Project at the Silliman Aquatics Center, Capital Improvement Project No. 1114.

BE IT FURTHER RESOLVED the City Council finds the bid from Adams Pool Solutions to be the lowest responsive and responsible bid.

BE IT FURTHER RESOLVED that the City Council hereby awards the construction contract for the Lazy River Pool Replaster Project at the Silliman Aquatics Center, Capital Resolution No. 11,372 2
Improvement Project No. 1114, including the ultraviolet sanitation system improvements associated with Capital Improvement Project No. 1325, to Adams Pool Solutions in the amount of $209,245.

BE IT FURTHER RESOLVED that the City Council authorizes a construction contingency in the amount of 25% for a total project authorization not to exceed $261,556.25.

BE IT FURTHER RESOLVED the City Council authorizes the use of funds from Silliman Activity Center Improvements Project #1114 (610.90.094.6221) and Aquatic Center UV Sanitation System Project #1325 (610.90.094.940.6221) to complete the project.

BE IT FURTHER RESOLVED that the City Council authorizes City Manager or designee, to execute the contract and any related documents in a form approved by the City Attorney, and to take all actions necessary to carry out the project, including approving change orders up to the budgeted contingency amount.

Item D. 7.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution authorizing acceptance of the 2025-2026 First 5 Alameda County Measure C Early Care & Education Emergency Grant and amending the 2024-2026 Biennial Budget
SUMMARY AND RECOMMENDATION
The City’s Preschool and Licensed Child Care Program has been selected to receive a First 5 Alameda County Measure C Early Care & Education Emergency Grant in the amount of $50,000 to support childcare staff development and boost enrollment.

Staff recommends that the City Council, by resolution, authorize acceptance of the 2025-2026 First 5 Alameda County Measure C Early Care & Education Emergency Grant and and approve a budget amendment to appropriate the funds in Fiscal Year 2025-26.

BACKGROUND
Approved by voters in March 2020, Alameda County Measure C is a 0.5% sales tax, administered by First 5 Alameda County, an organization committed to kindergarten readiness for every child in Alameda County. Measure C generates approximately $150 million annually to expand access to childcare, increase preschool access, raise early educator wages, and fund pediatric healthcare. A lawsuit delayed distribution of Measure C funds until the California Supreme Court upheld the initiative in April 2024.

One resource funded by Measure C is the ECE Emergency Grant (Grant) for eligible childcare centers. The Grant recognizes that insufficient childcare opportunities are an urgent issue in Alameda County and that access to high-quality, affordable childcare is foundational to strong communities. The Grant is designed to help childcare facilities remain open and address local childcare shortages, expand access to high-quality care, improve wages for participating providers and educators, and promote wellness, kindergarten readiness, and long-term school success. Grant funds may be used for expenses that benefit children from birth to age 12, including training, promotion/advertisement, furniture, supplies, and facility updates, through June 30, 2026.

DISCUSSION/ANALYSIS
The City has operated a State-Licensed Child Care Center at the Newark Community Center Annex since 1989 (Center). The Center is licensed for up to 48 children, ages 3 to 5 years. In an effort to offer equitable access to high-quality care for local families, the City accepts several child care subsidy programs administered through agencies like the California Alternative Payment Program (CAPP), CalWORKs Stages 2 and 3, and other state-funded child care assistance programs for eligible families. Through these partnerships, program fees have been fully subsidized for many Newark families over the years, ensuring access regardless of household income.

Since re-opening after the COVID-19 pandemic in 2021, maintaining high enrollment figures has been challenging. The sudden shift to remote work for many parents as well as the expansion of free public transitional kindergarten (TK) in California have both contributed significantly to enrollment rates remaining well below pre-pandemic levels.

Despite being an affordable option and working with local organizations that subsidize families' child care payments, the Center has struggled to attain full enrollment. The Grant is an opportunity to increase marketing for the Center, train Child Care Instructors, and purchase equipment that will enhance children's learning and experience.

Funding from this grant opportunity will be used in the following areas, in alignment with the Grant’s purchasing guidelines:

Marketing - direct mailer to all Newark addresses advertising the Center's services and financial support available. The approximate cost for marketing is $5,000.

Staff Education and Training - funding will support staff education and professional development, including attendance at the California Association for the Education of Young Children (CAEYC) Annual Conference. CAEYC is a leading organization dedicated to advancing high-quality early learning for children from birth through age eight by providing research-based standards, professional resources, and advocacy for educators, families, and policymakers. The approximate cost for Staff Education and Training is $10,000, including conference registration, travel expenses, and overtime costs as the conference occurs over a weekend, so as not to impact childcare operations during parents' workweek.

Center and Programming Updates - Grant funding will support strategic investments in new classroom equipment such as sensory play tables, instructional supplies, and curriculum enhancements to ensure classroom environments can meet the diverse needs of students and provide a well-rounded, engaging, and developmentally appropriate learning environment that supports early learning and school readiness.

The approximate cost for Center and Programming Updates is $35,000.

FISCAL IMPACT
The City has been awarded $50,000 in grant funding from First 5 Alameda County The City has been awarded $50,000 in grant funding from First 5 Alameda County Measure C for Fiscal Year 2025-26. The grant does not require a local match and does not create an ongoing financial obligation for the City.

Approval of this item will amend the 2024-2026 Biennial Budget to recognize $50,000 in grant revenue and appropriate the funds for eligible childcare program expenditures, including marketing, professional development, overtime related to training attendance, travel costs, and classroom equipment and supplies.

All expenditures are one-time in nature and must be incurred by June 30, 2026 in accordance with grant requirements. Acceptance of the grant does not increase General Fund expenditures.

Account Description Amount
FROM: 130.070.074.740.4791 County grants/reimbursements $50,000 TO: 130.070.074.740.6440 Child Care Instructor stipends $ 5,000 130.070.074.740.5140 Child Care overtime $ 4,000
130.070.074.740.6450 Child Care training & education $ 5,000 130.070.074.740.6440 Child Care travel/lodging/meals $ 1,000 130.070.074.740.6110 Child Care supplies $35,000
STRATEGIC PRIORITY AREA
This item supports the following Strategic Priority Area: Foster a Safe and Healthy Community.

REVIEW AND APPROVAL
Prepared by - Cheryl Galvez, Recreation and Community Services Supervisor I Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Gloria Del Rosario, Deputy Finance Director Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - First 5 Alameda County Measure C - Early Care & Education Emergency Grant
Exhibit A - First 5 Alameda County Measure C - Early Care & Education Emergency Grant
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE ACCEPTANCE OF THE 2025-
2026 FIRST 5 ALAMEDA COUNTY MEASURE C EARLY
CARE AND EDUCATION EMERGENCY GRANT AND
AMENDING THE 2024-2026 BIENNIAL BUDGET
WHEREAS, Alameda County Measure C is a 0.5% sales tax, administered by First 5 Alameda County, an organization committed to kindergarten readiness for every child in Alameda County; and
WHEREAS, Measure C generates approximately $150 million annually to expand access to childcare, increase preschool access, raise early educator wages, and fund pediatric healthcare; and
WHEREAS, the City operates a Preschool and Licensed Child Care Center that instills kindergarten preparedness and activities, socialization, and creative development provided by dedicated instructors in a caring environment; and
WHEREAS, The Grant recognizes that insufficient childcare opportunities are an urgent issue in Alameda County and that access to high-quality, affordable childcare is foundational to strong communities; and
WHEREAS, The Grant is designed to help childcare facilities remain open and address local childcare shortages, expand access to high-quality care, improve wages for participating providers and educators, and promote wellness, kindergarten readiness, and long-term school success; and
WHEREAS, Grant funds may be used for expenses that benefit children from birth to age 12, including training, promotion/advertisement, furniture, supplies, and facility updates; and
WHEREAS, the City of Newark has been awarded funding in the amount of $50,000; and WHEREAS, the funding will be utilized for marketing and promotion, staff education and training support, center programming upgrades, and staff overtime which supports the grant goals and objectives; and
WHEREAS, the project period is January 1, 2026, through June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark accepts the 2025-2026 First 5 Alameda County Measure C Early Care and Education Emergency Grant and authorizes the City Manager or his designee to execute the Contract for Services incorporated herein as Exhibit A; and
BE IT FURTHER RESOLVED that the 2024–2026 Biennial Budget is hereby amended as follows:

Account Description Amount
FROM: 130.070.074.740.4791 County grants/reimbursements $50,000 TO: 130.070.074.740.6440 Child Care Instructor stipends $ 5,000 130.070.074.740.5140 Child Care overtime $ 4,000
130.070.074.740.6450 Child Care training & education $ 2,000 130.070.074.740.6440 Child Care travel/lodging/meals $ 4,000 130.070.074.740.6110 Child Care supplies $35,000
2 Docusign Envelope ID: 5FE5CBBC-16AF-4F76-A7F4-3DF0C75B7FFB d. An expense report is required after funds have been fully expended. All Contractors will be required to report the number and amount of stipends distributed directly to early educators and assistants.

IV. Data Collection and Dissemination
a. Contractor consents to the collection, use, and sharing of the information from this Agreement for the purpose of administering and evaluating this grant opportunity and further Measure C initiatives. Information will not be shared with unauthorized third parties without Contractor's explicit consent.
b. Data collected by the Child Care Alliance of Los Angeles via the California Early Care and Education Workforce Registry, including compensation data, will be shared to First 5 Alameda County designated staff for the purposes of administering and evaluating this grant opportunity and further Measure C initiatives. Data collected via Hubbe will be accessed by First 5 Alameda County designated staff for the purposes of administering and evaluating this grant opportunity and further Measure C initiatives. Data may also be shared with third parties for the purposes of data validation, such as the California Early Care & Education Workforce Registry and Alameda County Alternative Payment agencies.
c. Data and information from the expense report or program impact report may be used to showcase Measure C's impact across First S's communication channels.

V. General Provisions
a. Agree to ensure all early educators and assistants attend a Measure C Orientation, an informal orientation about the grant, future funding opportunities, and other supportive resources. b. Agree to provide First 5 with access to any documents or records which are directly pertinent to this grant.
c. If Contractor is a school district, commit to adopt the Early Development Instrument (EDI) across all kindergarten classrooms in either Fiscal Year 2025-26 or Fiscal Year 2026-27 to be eligible for current and future Measure C funding and grants.
d. Failure to comply with grant requirements may result in the return of grant funds to First 5 and may disqualify Contractor from future funding opportunities.

Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.

CONTRACTOR: _,,C<l.ljt'-J.y_,,ou.f...LN.,,e ...... w .... a .... r..... k ______________________ _ NAME: David Benrnm
SIGNATURE:
2025 - 2026 First 5 Alameda County- ECE Emergency Grant Contractor Name City of Newark
Contract# PS-ECE-1415-940
TITLE: City Manager
DATE: ________ _
18 Item D. 8.

DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Adopt a Resolution authorizing the City Manager to execute a second amendment the Contractual Services Agreement with 4Leaf, Inc. for additional Building Inspection Division plan review, field inspection, and miscellaneous support services and amending the 2024-2026 Biennial Budget and Capital Improvement Plan SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a Second Amendment to the Contractual Services Agreement with 4Leaf, Inc., increasing the contract capacity by $400,000 to a revised not-to-exceed amount of $700,000, and amending the 2024–2026 Biennial Budget to increase the Building Inspection Division contractual services budget to $775,000. The proposed increase is fully offset by higher-than-anticipated permit fee revenue and salary savings resulting from vacant positions.

BACKGROUND
In 2023, the City of Newark executed professional services agreements with five (5) consulting firms, 4Leaf, Inc. (4Leaf), BPR, Inc. (BPR), Bureau Veritas North America, Inc. (BVNA), CSG Consultants (CSG), and True North Compliance Services, LLC. (TN), to provide plan review support. Each contract was established with a "not-to-exceed" limit of $300,000. This multiple-vendor approach was designed to ensure service continuity and provide the City with the flexibility to meet delivery goals should any single firm encounter bandwidth or personnel constraints.

The initial not-to-exceed amount for the agreement was based on anticipated contractual support services needs for the division that primarily involved intermittent field inspection activities, plan review, and support services. The Building Inspection Division has since identified the need for additional support services under the agreement due to additional staff vacancies in several key positions. The existing agreements with the consultants are intended to be flexible so that additional technical support services are available when needed. However, any adjustments to the not-to-exceed amount for a given fiscal year require approval by the City Council.

DISCUSSION/ANALYSIS
In October, the city adopted the 2025 California Building Standards Code, which also brought new requirements for future development. Developers that wanted to lock their projects into the existing code cycle were required to apply for permits prior to January 1, 2026. This has led to an increase in permit submissions of roughly 800 additional applications from previous years. The additional workload and current division vacancies during FY 2025-26 have brought additional demand for contractual services. Permit applications over the past few years averaged 800–900 permits between July and December. As a result of the code updates, 1728 were applied for the same time period in FY 2025-26. During this fiscal year, the Building Inspection Division has also had several vacancies, which include a Building Inspector I/II, two Permit Technicians, and a Senior Building Inspector. Based on the increased volume of permit activity and vacancies, the need for staff augmentation has increased drastically to maintain service levels that the community expects. 4Leaf has provided the majority of the professional support thus far based on the available personnel and level of knowledge that was needed at the times required for onsite permit technician and inspection services. All the consultants except BVNA and TN have provided onsite services over the multi-year contracts. 4Leaf has proven to have the most available personnel as needed by the City.

The estimated additional consultant service requires an increase in the contractural services budget of $400,000.00, bringing the total to $775,000.00.

The current contract amounts used to date based on vendors are: 4Leaf $260,000.00, BPR $59,000.00, BVNA $3,000.00, CSG $45,000.00, and TN $2,000.00, totaling $370,000.00 and the current budgeted amount for FY 2025-26 is $375,000 This additional funding capacity is entirely offset by:

Salary Savings: Cost savings realized from the multiple vacant permanent positions within the Building Inspection Division.

Revenue Growth: Increased permit application volume and associated fees.

The current revenue growth for the fiscal year to date is roughly $104,000 for application fees and $797,000 for review fees, or 114% and 122% of the yearly budget respectively.

Based on the needs of the division, staff is recommending the amendment of the 2024-2026 Biennial Budget and Capital Improvement Plan to increase the contractural services budget of the Building Inspection Divisions to $775,000.00. As 4Leaf has successfully provided the necessary technical personnel to assits City staff, ensuring that time-to-service goals were met without sacrificing quality or customer service. The original multi-year agreement with 4Leaf was established with a not-to-exceed amount of $300,000.00, intended to cover minor, intermittent vacancies. However, the increased frequency of staff vacancies and the demands of large-scale projects like Quanta necessitate an adjustment to the contract capacity. Staff recommends a Second Amendment to the 4Leaf agreement and a corresponding budget adjustment to a not-to-exceed amount of $700,000.00 for 4Leaf. The remaining funding will go towards BPR, Bureau Veritas, CSG, and True North, which all have available capacity in their current not-to-exceed contracts of $300,000.

FISCAL IMPACT
The proposed Second Amendment increases the not-to-exceed amount of the 4Leaf contract by $400,000, bringing the revised contract total to $700,000. The Building Inspection Division contractual services budget for Fiscal Year 2025–26 will increase from $375,000 to $775,000 to accommodate the additional workload.

The increase is fully offset by higher-than-budgeted permit application and plan review fee revenue and salary savings resulting from multiple vacant positions within the division. Permit application fees are currently tracking approximately 114 percent of budget and plan review fees are tracking approximately 122 percent of budget for the fiscal year to date. Salary savings exceed the additional consultant costs associated with this amendment.

As a result, the proposed budget amendment does not create a net negative impact to the General Fund and maintains the division’s cost recovery structure.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Further Economic Vitality and Housing for All
Boost Financial Resilience and Excellence in Service Delivery

REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
4Leaf Resolution
Second amendment
4Leaf Contract
4Leaf First Amendment
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A SECOND AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT WITH 4LEAF,
INC. FOR BUILDING INSPECTION STAFF AUGMENTATION
SERVICES AND AMENDING THE 2024–2026 BIENNIAL
BUDGET
WHEREAS, on July 10, 2023, the City of Newark entered into a Contractual Services Agreement with 4Leaf, Inc. to provide building inspection staff augmentation services including plan review, field inspection, and related support services (the “Agreement”); and WHEREAS, the Agreement established a not-to-exceed amount of $300,000; and WHEREAS, increased permit activity and staffing vacancies within the Building Inspection Division have created a need for additional consultant support services to maintain service levels; and
WHEREAS, the City desires to approve a Second Amendment to the Agreement to increase the not-to-exceed amount by $400,000 for a revised not-to-exceed total of $700,000; and WHEREAS, the City Council also desires to amend the Fiscal Year 2025-26 Building Inspection Division contractual services budget from $375,000 to $775,000 to accommodate the increased workload; and
WHEREAS, the additional costs are fully offset by higher permit fee revenues and salary savings resulting from vacant positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute a Second Amendment to the Contractual Services Agreement with 4Leaf, Inc., in a form approved by the City Attorney, increasing the not-to-exceed amount by $400,000 for a revised not-to-exceed total of $700,000.

BE IT FURTHER RESOLVED that the 2024–2026 Biennial Budget for Fiscal Year 2025- 26 is amended to increase the Building Inspection Division contractual services budget from $375,000 to $775,000 as follows:

TO: 120.60.062.620.6220 PROFESSIONAL SERVICES $400,000
FR: 120.3000 UNAPPROPRIATED FUND BALANCE $400,000

SECOND AMENDMENT TO THE

CONTRACTURAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND 4LEAF,
INC.

This Second Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, (“City”) and 4Leaf, Inc., a Corporation (“Consultant”) (together sometimes referred to as “Parties”) dated July 10, 2023, is entered into as of February , 2026.

RECITALS
WHEREAS, the Parties executed a Contractual Services Agreement (the “Agreement”) to provide building inspection field inspection and related professional services; and WHEREAS, Section 25 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement for the Consultant to provide services for fiscal year 2025-2026 for a total not-to-exceed cost for service of $600,000 to be provided during that fiscal year; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. “Not to Exceed” Compensation, of the Agreement, is amended to provide an additional not to exceed compensation of $300,000 for services provided by Consultant for fiscal year 2025-2026.

2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

City of Newark Consultant
4 Leaf, Inc.

David Benoun Kevin Duggan
City Manager President
Dated: Dated:

Attest:

Sheila Harrington
City Clerk
Approved as to Form:

Kristopher J. Kokotaylo
City Attorney

EXHIBIT B

FEE SCHEDULE
FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF NEWARK
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Complete Plan Review Percentage: 70%
Partial Plan Review: 40%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $125 Non-Structural Review
$160 Structural Review
Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official......................................................................................................................... $170/hour Structural Plan Review Engineer.........................................................................................................$160/hour Non-Structural Plans Examiner...........................................................................................................$125/hour Certified Access Specialist (CASp) Inspector....................................................................................... $160/hour Certified Access Specialist (CASp) Plans Examiner.............................................................................. $160/hour Senior Combination Building Inspector (Building Inspector III)........................................................... $135/hour Commercial Building Inspector (Building Inspector II).........................................................................$120/hour Residential Building Inspector (Building Inspector I)........................................................................... $105/hour Training Building Inspector....................................................................................................................$65/hour Permit Manager................................................................................................................................. $110/hour Senior Permit Technician....................................................................................................................$95/hour Permit Technician...............................................................................................................................$85/hour Clerk/Administrator............................................................................................................................$70/hour Civil Plan Review (Grading, Improvement Plans)................................................................................ $160/hour Supervising Inspector of Record..............................................................................................................$165/hour Inspector of Record (Including DSA/OSHPD)...................................................................................... $155/hour Project Management
Project Manager.................................................................................................................................$175/hour Principal-in-Charge..............................................................................................................................$245/hour GoFormz Software.................................................................................................................. $50/user monthly Fire
Fire Protection Engineer (FPE)............................................................................................................ $195/hour Fire Prevention Officer....................................................................................................................... $155/hour Fire Plans Examiner............................................................................................................................ $155/hour Fire Inspector II.................................................................................................................................. $140/hour Fire Inspector I................................................................................................................................... $120/hour City of Newark

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Newark City CouncilMarch 12, 2026

Newark City Council
March 12, 2026