Newark City Council
June 25, 2026

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 1. SPECIFICATIONS AND PLANS
1-1 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the Standard Specifications dated May 2006 and the Standard Plans dated May 2006 of the State of California, Department of Transportation. In case of conflict between the State of California Standard Specifications and these Specifications, these Specifications shall take precedence over and be used in lieu of such conflicting portions.

An item not covered in these Specifications shall be performed in accordance with the appropriate section of the Standard Specifications.

Whenever, in the Standard Specifications, the following terms are used they shall be understood to mean and refer to the following:

Department of Transportation, Department - Public Works Department, City of Newark.

Director of Transportation - Public Works Director.

Engineer - The City Engineer, acting either directly or through properly authorized agents such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Newark to test materials and work involved in the contract.

State - The City of Newark, California.

Office of Administration Hearings - The City Council of the City of Newark, Alameda County, California.

Transportation Building Sacramento - City Administration Building; City of Newark, Alameda County, California.

State Highway Engineer - City Engineer of the City of Newark, Alameda County, California.

Standard Specifications - The May 2006 edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a State Agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office or officer acting under this contract.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 1-2 DEFINITIONS
Wherever in these Specifications and other contract documents the following terms, or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

A. Engineer – “Engineer” means City Engineer of the City of Newark, California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

B. City - The word “City” as used herein means the City of Newark, Alameda County, California.

C. City Council – “City Council” means the City Council of the City of Newark, Alameda County, California.

D. Contractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into a contract with the City of Newark as party or parties of the second part or their legal representatives.

E. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL
The Bidder’s attention is directed to the provisions in Section 2, “Proposal Requirements and Conditions,” of the Standard Specifications and these Specifications for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid. All signatures on the proposal shall be properly notarized.

The form of the Bidder’s Bond mentioned in the last paragraph in Section 2-1.07, “Proposal Guaranty,” of the Standard Specifications will be found included with the Proposal.

In accordance with Public Contract Code Section 7106, a Non-collusion Declaration is included in the Proposal. Signing the proposal shall also constitute signature of the Non-collusion Declaration.
2-1.02 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS
Each proposal shall have listed therein the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work in the amount of one-half of one percent of his/her total bid or $10,000 whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code.

The Bidder’s attention is invited to other provisions of said Act related to the impositions of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.

All Bidders are hereby notified that the successful Bidder will be required to perform not less than fifty percent (50%) of the Work with the successful Bidder’s own organization. A failure of the Bid to establish compliance with this requirement may render the bid non-responsive, or it may result in a determination of Bidder non-responsibility based on a failure to demonstrate adequate resources available to perform the Work.

A form for listing subcontractors entitled “List of Subcontractors,” as required herein, is included in the Proposal and shall be completed pursuant to the instructions thereon. The Bidder’s attention is also directed to Section 8-1.01 “Subcontracting” of the Standard Specifications regarding minimum performance of work by the Bidder’s own forces. 2-1.03 REQUIRED STATEMENT OF BIDDER’S FINANCIAL RESPONSIBILITY,

TECHNICAL ABILITY, AND EXPERIENCE
Each proposal shall have listed therein a statement from the Bidder regarding successfully completed projects of a similar character to that included in the proposed contract. The statement shall include a brief description, approximate cost, and applicable references associated with each project listed, and sufficient in detail to enable the City Council to judge the responsibility, experience, skill, and business standing of the Bidder.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) A sheet for the statement required herein entitled “Bidder’s Statement of Financial Responsibility, Technical Ability, and Experience” is included in the Proposal and shall be completed pursuant to the instructions thereon.
2-1.04 BID PROTEST
Any protest of the proposed award of contract to the Bidder deemed the lowest responsible Bidder must be submitted in writing to the City’s Public Works Department located at 37101 Newark Boulevard no later than 5:00 PM of the third (3rd) business day following the date of the Bid Opening. All protests shall comply with the following procedures:

1. The bid protest must be accompanied by a non-refundable bid protest filing fee in the amount of one hundred dollars ($100.00) in the form of a cashier’s check or certified check made out to “City of Newark.” A protest that is submitted without this filing fee will be returned without further action or consideration.

2. The protest must contain a complete statement of the basis for the protest and must be notarized and signed under penalty of perjury. Any protest submitted without such declaration under penalty of perjury will be rejected without further action.

3. The protest must state the facts and refer to the specific portion of the document(s) or the specific statute that forms the basis for the protest.

4. The protest must include the name, address, and telephone number of the person representing the protesting party, and the address to which notices should be directed.

5. The party filing the protest must concurrently transmit a copy of the initial protest to the Bidder deemed the lowest Bidder.

6. The party filing the protest must have submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another Bidder, but must pursue its own protest in a timely manner as set forth herein.

7. The procedure and time limits set forth in this Section are mandatory and are the Bidders’ 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 a Bid Protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

8. The City shall review all timely protests prior to formal award of the Contract. The City shall not be required to hold an administrative hearing to consider any timely protests, but may do so at its option. At the time of the City Council’s consideration of the award of the Contract, the City Council shall consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible Bidder or accept the protest and award the bid to the next lowest responsible Bidder.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

9. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

SECTION 3. AWARD AND EXECUTION OF CONTRACT
3-1.01 GENERAL
The Bidder’s attention is directed to the provisions in Section 3, “Award and Execution of Contract,” of the Standard Specifications and these Specifications for information regarding award and execution of the contract.
3-1.02 AWARD OF CONTRACT
The award of contract, if it is awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed and as determined by the Total Base Bid plus Additive Alternate Bid Nos. 1, 2, 3, 4, 5, 6, and 7. 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 any of the Additive Alternate Bids does not change the basis by which the project will be awarded. The Bidder must complete all Additive Alternate Bids in full on the Unit Price Schedule contained in the Proposal attached hereto for the bid to be considered.

This project has Additive Alternate Bids including work on Gum Court (Additive Alternate Bid No. 1), Redwood Court (Additive Alternate Bid No. 2), Silk Court (Additive Alternate Bid No. 3), Crestmont Avenue (Additive Alternate Bid No. 4), Additive Alternate Bid No. 5 (Elm Street), Additive Alternate Bid No. 6 (Charmwood Court), Additive Alternate Bid No. 7 (Camass Court) and work on behalf of the Alameda County Water District (ACWD) (Additive Alternate Bid No. 8) and Union Sanitary District (USD) (Additive Alternate Bid No. 9). Additive Alternate Bid Nos. 1, 2, 3, 4, 5, 6, and 7 will be considered in determining the lowest responsible Bidder. Additive Alternate Bids work may or may not be included in any contract to be awarded. Additive Alternate Bids No.8 and No. 9 for ACWD and USD respectively will not be considered in determining the basis of the lowest responsible Bidder.

The City of Newark reserves the right to reject any and all proposals and to waive any minor informalities, irregularities and/or bid non-responsiveness that does not influence the competitive nature of the bid.
3-1.03 BONDS AND BUSINESS LICENSE
The Contractor shall provide, at the time of the execution of the contract for the work, and at his/her own expense, separate Performance and Payment Bonds in the following amounts:

1. A Performance Bond in the amount of one hundred (100%) percent of the contract price.

2. A Payment Bond in the amount of one-hundred (100%) percent of the contract price.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Sureties on each of the above bonds shall be acceptable to the City Attorney.

The low Bidder and all subcontractors shall submit a copy of a receipt or other evidence showing payment of the current City of Newark business license fee.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND

LIQUIDATED DAMAGES
Attention is directed to the provisions in Section 8-1.03, “Beginning of Work,” Section 8-1.06, “Time of Completion,” and Section 8-1.07, “Liquidated Damages,” of the Standard Specifications and these Specifications.

The Contractor shall begin work within 14 calendar days after the date of the Notice to Proceed and shall diligently prosecute the work to completion before the expiration of:
50 WORKING DAYS (BASE BID)
5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 1) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 2) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 3) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 4) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 5) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 6) 5 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 7) 10 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 8) 10 ADDITIONAL WORKING DAYS (ADDITIVE ALTERNATE BID No. 9) after the first day of work.

The Contractor shall not perform any work on legal holidays and on closed Fridays as noted in Section 5-1.07, “Inspection,” of these Specifications.

The Contractor shall pay to the City the sum of $3,000.00 per day, for each and every working day’s delay in finishing the work in excess of the number of working days prescribed above.

It is the City’s intent to award the contract for this work on Thursday, June 25, 2026.

PRE-CONSTRUCTION CONFERENCE
Prior to issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Engineer for the City of Newark for the purpose of discussing with the Contractor the scope of work, contract drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major subcontractors.

ARCHAEOLOGICAL DISCOVERIES
All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 5. GENERAL
5-1.01 PREVAILING WAGE
Attention is directed to Section 7-1.01A(2), “Prevailing Wage,” of the Standard Specifications.

The wage rates are determined and published by the Director of Industrial Relations for the county in which the work is to be done. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates occurring during the life of this contract, such successive predetermined wage rates shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this contract, such wage rates shall apply to the balance of the contract.

The Contractor and subcontractors shall be required to pay the general prevailing rates of wages to all workers in the execution of this contract.

As of July 1, 2014, 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. The Contractors will be required to submit certified payrolls during the course of the project. This project is subject to compliance enforcement and monitoring by the State of California Department of Industrial Relations. 5-1.02 EXTRA WORK
Section 4-1.03D, “Extra Work,” of the Standard Specifications is amended by adding the following between the second and third paragraphs:

If, in the opinion of the Engineer, such work cannot be reasonably performed concurrently with other items of work, and if a controlling item of work is delayed thereby, an adjustment of contract time will be made.
5-1.03 ARBITRATION
Section 9-1.10, “Arbitration,” of the Standard Specifications is hereby amended by requiring that claims which aggregate in excess of $25,000.00 shall be resolved by litigation in a court of competent jurisdiction in lieu of arbitration subject to the provisions of Section 20104 of the Public Contract Code. Arbitration in such cases may be used only if the City and the Contractor agree, in writing, after the claim has arisen, to waive the requirement for litigation in lieu of arbitration.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 5-1.04 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 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, milling/grinding equipment, air compressor, 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.

COMPENSATION
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.
5-1.05 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work. The Contractor shall maintain the work site in as clean and free of rubbish condition as feasible. The Contractor shall keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. All excess and unsuitable material resulting from the Contractor’s operation shall be removed as it develops and before the end of each work day.

In any area visible to the public, the following will apply:

When practicable, broken concrete, loose asphalt and debris developed during the course of construction shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.

COMPENSATION
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed.
5-1.06 INSURANCE
CITY OF NEWARK INSURANCE REQUIREMENTS:

In lieu of the insurance required as referred to in Section 7-1.12, “Indemnification and Insurance,” the Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The minimum scope of insurance coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 “Any Auto” Code 8 “Hired”, and Code 9 “Non-owned”.

3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

The minimum limits of insurance the Contractor shall maintain shall be no less than:

1. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

Any deductibles or self-insured retentions shall be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, its officers, employees and volunteers are to be covered as “insureds” as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, employees or volunteers. b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, employees or volunteers.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) d. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Insurance is to be placed with insurers with a Bests’ rating of no less than A:VII, unless otherwise acceptable to the City.

The Contractor shall furnish the City with certificates of insurance and with Original Endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences.

The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

The Contractor shall save, keep and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor, any of the Contractor’s employees, or any subcontractor. The City will not be held liable for any accident, loss or damage to the work prior to its completion and acceptance.

If, through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other contractor or subcontractor by agreement or arbitration. If such other contractor or subcontractor shall assert any claim against the City on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall indemnify and save harmless the City against such claim.

It shall be required under the agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agreement; or (2) the broader coverage and

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

UNION SANITARY DISTRICT INSURANCE REQUIREMENTS:

General - Indemnification
The Contractor has the entire responsibility for any and all injury to the public and to individuals; for all loss or damage arising from any obstructions or difficulties, either natural or artificial, which may be encountered in the project; for damage to property resulting from the performance of the work under this Contract; for damage from any action of the elements prior to the final acceptance of the work; for damage from any act or omission not authorized by this Specification on the part of the Contractor or any agent or person employed by it. The Contractor expressly agrees to indemnify, defend and hold the District, its Directors, officers and employees, the Engineer free and harmless from and against any and all loss, liability, expense, claims, costs, suits, damages, including attorney’s fees, arising out of Contractor’s operation or performance under the Contract.

The indemnification obligations of the Contractor shall not extend to the liability of Engineer and Engineer’s consultants, officers, directors, employees, or agents caused by negligent preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications.

Insurance Requirements
The Contractorshall take out and maintain during the life of the Contract, all the insurance required by this section and shall submit original Certificates of Insurance and amendatory endorsements within seven (7) working days or sooner from the date of the Agreement to the Engineer for review and approval. The Certificates shall be on the forms included in the Contract Forms Section.

The Notice to Proceed will not be issued, and the Contractor shall not commence work until the Certificates or policies have been received and accepted by the District. Acceptance of the Certificates shall not relieve the Contractor of any of the insurance requirements, nor decrease the liability of the Contractor.

The District reserves the right to require the Contractor to provide insurance policies to the Engineer for review by the District.

1. Minimum Scope Of Insurance: Coverage shall be at least as broad as:
a. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
b. Insurance Service Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).
c. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

2. Worker’s Compensation Insurance: The Contractor shall take out and maintain during the life of the Contract, Worker’s Compensation and Employer’s Liability Insurance for all of its employees on the project. In lieu of evidence of Worker’s Compensation insurance, the DISTRICT will accept a Self-Insuring Certificate from the State of California. The Contractor shall require any Subcontractor to provide it with evidence of Worker’s Compensation and Employer’s Liability Insurance, all in strict compliance with California State laws.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

3. Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease.

4. General Liability Insurance: (Including operations, products and completed operations, as applicable). Said insurance shall provide a minimum of $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

5. Automobile Liability Insurance: Automobiles, trucks, and other vehicles and equipment (owned, not owned, or hired, licensed or unlicensed for road use) shall be covered under this policy. Limits of liability for Comprehensive Automobile Liability Insurance shall not be less than $1,000,000 per accident for bodily injury and property damage.

6. Deductibles: Any deductibles or self-insured retentions must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the District, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. Other Insurance Provisions:
a. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. The Union Sanitary District, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by on or behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or equivalent) to the Contractor's insurance policy, or as a separate owner's policy. ii. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects to the District, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) day's prior written notice has been provided to the District.

8. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A: VII, unless otherwise acceptable to the District. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

9. Verification of Coverage: Contractor shall furnish the District with original certificates

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) and amendatory endorsements effecting coverage required by this clause. The endorsements should on forms provided by the District or on other than the District's forms provided those endorsements conform the District's requirements. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The District reserves the right to require complete certified copies of all required Insurance policies, including endorsement effecting the coverage required by these specifications at any time.

10. Waiver of Subrogation: Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from vendor by virtue of the payment of any Joss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Contractor, its employees, agents and subcontractors.

COMPENSATION
The contract lump sum price for INSURANCE PREMIUM FOR USD WORK shall include full compensation for all costs associated and compliance with Union Sanitary District Insurance requirements, and no additional compensation will be made. 5-1.07 INSPECTION
The City’s non-emergency business operations are closed every other Friday. As a result, Public Works inspection services are not available on these Fridays. Prior to developing a schedule for the work, the Contractor shall contact the Engineer to obtain the exact dates of the closed Fridays.

Holidays observed by the City of Newark are as follows:

Designated legal holidays are: January 1st; Martin Luther King Jr’s Birthday; the third Monday in February, Presidents’ Day; the last Monday in May, Memorial Day; Juneteenth, July 4th, the first Monday in September, Labor Day; Veterans’ Day; Thanksgiving Day; and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be a designated legal holiday.

The Contractor may request for inspection on any closed Friday (or any subsequent dates of closure), any legal holiday observed by the City, and any weekend day on which the Contractor chooses to work. However, the City will not guarantee that inspection will be available on the Contractor’s requested days. If inspection is not available, then the Contractor will not allowed to work. The cost of such inspection shall be borne by the Contractor and shall be paid in advance in an amount determined in accordance with the City’s current Master Fee Schedule. The current hourly inspection rate is $125 per hour (minimum 8-hour day).

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 5-1.08 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. 5-1.09 UNDERGROUND SERVICE ALERT
Prior to initiating work on this project the Contractor shall contact Underground Service Alert North 811 or (800) 227-2600 and obtain an Inquiry Identification Number. The Contractor shall contact Underground Service Alert as necessary throughout the project to mark locations of existing underground facilities prior to working in such areas. Nothing herein relieves the Contractor of any obligations required elsewhere in these Specifications. 5-1.10 PUBLIC SAFETY
The Contractor shall comply with the provisions of Section 7-1.09, “Public Safety,” of the Standard Specifications.
5-1.11 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.
5-1.12 HOURS OF OPERATION
General working hours of operation shall be between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday unless otherwise permitted by the Engineer. 5-1.13 PAYMENTS
Attention is directed to Section 9-1.06, “Partial Payments,” and 9-1.07, “Payment After Acceptance,” of the Standard Specifications and these Specifications.

A copy of all certified payrolls shall be submitted to the City along with the Contractor’s request for monthly progress payments. Payrolls shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee’s address and social security number need

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) only appear on the first payroll on which his name appears. The payroll shall be accompanied by a “Statement of Compliance” signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The “Statement of Compliance” shall be on CALTRANS Form HC-347 or on such applicable forms as may be approved by the City. The Contractor shall be responsible for the submission of copies of certified payrolls of all subcontractors.

Final payment representing 95% of the contract price will be made upon acceptance of the work by the City. The 5% retention will be paid after 35 days have elapsed after the Notice of Completion has been recorded.
5-1.14 GUARANTY
The successful bidder shall be required to sign a Guaranty form covering the work in the contract for one year from the date of Notice of Completion. The Guaranty form is included in these Specifications. The Contractor shall sign the Guaranty form at the time of the execution of the contract for the work. Notice to Proceed will not be issued until the document is approved.

COMPENSATION
Full compensation for furnishing the Guaranty will be considered as included in the contract price or prices paid for the items of work involved and no additional compensation will be allowed therefore.
5-1.15 SURFACE MINING AND RECLAMATION ACT
In accord with the State Contract Act, the material and aggregate source must comply with the Surface Mining and Reclamation Act of 1975 (SMARA). Mining operations determined to be in compliance are listed on the AB 3098 SMARA Eligible List. You can obtain this list from the Division of Construction or the Department of Conservation’s web site at http://www.consrv.ca.gov/omr/SMARA/3098-list.
5-1.16 (BLANK)
5-1.17 SAFETY AND HEALTH PROVISIONS

GENERAL
Attention is directed to Section 7-1.06, “Safety and Health Provision,” of the Standard Specifications and these Specifications.

The Contractor shall comply with all active Federal, State, County, or Local Health Department Orders, including but not limited to the Construction Project Safety Protocols contained in the current Shelter-In-Place Order issued by the Alameda County Health Officer, or any subsequent Orders in effect during the entire project construction duration.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

COMPENSATION
Full compensation for conforming to the requirements of this section, the Standard Specifications, these Specifications and as directed by the Engineer shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.

SECTION 6. (BLANK)
SECTION 7. (BLANK)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 8. MATERIALS
8-1.01 GENERAL
Attention is directed to Section 6, “Control of Materials,” of the Standard Specifications and these Specifications.
8-1.02 CERTIFICATES OF COMPLIANCE
All materials required to complete the work under this contract shall be furnished by the Contractor.

All materials except asphalt concrete will be accepted with a Certificate of Compliance in conformance with Section 6-1.07 of the Standard Specifications:

Asphalt concrete must be inspected and released to the job under the provisions of Section 8 of the Caltrans Construction Manual.

SECTION 9. DESCRIPTION OF WORK
9-1.01 GENERAL
The work to be done consists of furnishing all labor, equipment and materials and performing all the work necessary for: FY2026 Annual Asphalt Concrete Street Overlay Program, Project No.

CIPA10005.FY2026 (Phase 2), City of Newark in the City of Newark in accordance with these Specifications and Plans forming parts thereof. The work to be performed in general includes the following principal features:

Traffic control/maintaining traffic throughout construction, asphalt concrete roadway surface wedge/conform/full depth/full width grinding, localized full depth asphalt concrete patch paving of various depths, grading, placement of asphalt concrete, installation of temporary pavement delineation and raised pavement markers, adjusting existing utility covers to grade, applying traffic striping and pavement legends, replacing and installing traffic signal loops and installing handholes, and other such items or details not mentioned above that are required by the Plans, Standard Specifications, or these Specifications. 9-1.02 DRAWINGS
The work shall conform to the following drawings, all of which form a part of these Specifications and are available at the office of the Public Works Director, City Administration Building, 37101 Newark Boulevard, Newark, California.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

SCHEDULE OF DRAWINGS
City
Sheet Drawing No. Title
1 2026B36 Title Sheet
2 2026B37 General Notes, Legend, Abbreviations, and Utility Contacts 3 2026B38 Asphalt Grinding Details
4 2026B39 Overlay Scope of Work
5 2026B40 Rockrose Dr (Moores Ave to 6059 Rockrose Dr)
6 2026B41 Rockrose Dr (6059 Rockrose Dr to Mowry Ave)
7 2026B42 Jonquil Dr (Rockrose Dr to 38884 Jonquil Dr)
8 2026B43 Jonquil Dr (38884 Jonquil Dr to Jasmine Ave)
Jonquil Dr Cul-De-Sac
9 2026B44 Timber Street (Central Ave to 37900 Cedar Blvd) 10 2026B45 Timber Street (37900 Cedar Blvd to End)
*Camass Ct (Starflower St to End)
Honeysuckle Dr (SFPUC to 6320 Honeysuckle Dr)
11 2026B46 Honeysuckle Dr (6320 Honeysuckle Dr to Hyacinth St) Clark Ave (Sycamore St to SFPUC)
12 2026B47 Clark Ave (SFPUC to 6564 Clark Ave)
13 2026B48 Clark Ave (6564 Clark Ave to Cherry St)
14 2026B49 Central Ct (Central Ave to End)
*Elm St (Wells Ave to End)
15 2026B50 *Chestnut St (Thornton Ave to Juniper Ave)
16 2026B51 *Crestmont Ave (Bettencourt St to End)
17 2026B52 *Gum Ct (Peachtree Ave to End)
*Silk Ct (Peachtree Ave to End)
*Redwood Ct (Mayhews Landing Rd to End)
18 2026B53 Clean Bay Blueprint
*Note: Asterisk (*) and Red Text – Additive Alternate Bid Item

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SECTION 10. CONSTRUCTION DETAILS

10-1.01 ORDER OF WORK

GENERAL
Order of work shall conform to the provisions in Section 5-1.05, “Order of Work,” of the Standard Specifications and these Specifications.

The Contractor’s attention is directed to Section 4, “Beginning of Work, Time of Completion and Liquidated Damages” of these Specifications.

The Contractor shall follow the following sequence of work. The Contractor may submit alternate plans which shall be subject to the review and approval of the Engineer. The Engineer shall have sole discretion in whether or not to approve alternate plans or to require compliance with the original stage construction and general construction guidelines. Therefore, it shall be assumed for bidding purposes that all bids are based on performing the work in accordance with the stage construction and general construction guidelines outlined below:
- Install and maintain all traffic control throughout the period of construction - Locate all utility structures and City monuments, and protect them in place and lower - Grind and remove 1” to 6” of existing asphalt concrete pavement by asphalt concrete wedge/conform/full width/full depth grinding for patch paving or overlay - Remove and dispose any loose existing pavement fabric and tree roots - Fine grade and compact existing aggregate base
- Install new traffic loops before asphalt concrete overlay - Place asphalt concrete
- Adjust all affected utility structures and City monuments to finished grades - Cat-track and install pavement delineation
- All construction shall be staged in a manner that allows local traffic to access the roadway and driveways at all times during construction
The Contractor shall only schedule one operation of patch paving, grinding or paving per day. No two concurrent operations of patch paving, grinding or paving will be allowed on any one day.

At least five (5) working days before any work is started, the Contractor shall submit to the City a schedule of his/her planned operation conforming to Section 8-1.04 of the Standard Specifications.

Once this schedule has been approved and adopted, it is essential that the Contractor adheres diligently to said written schedule in the prosecution of the work because of the necessity of prior notification to residents, tenants, property owners and businesses that will incur access restrictions as a result of this project. Any deviations from the schedule shall be approved at least five (5) working days in advance by the City Engineer.

The construction schedule shall list the order of work and the estimated time of completion of each phase of work. The schedule shall identify the day, date, and the scope of work proposed on a given street. The schedule shall ensure that no large residential areas are deprived of access to main streets and that no resident, while their street or side street is subject to parking restrictions, shall have to walk more than 800 feet to a public street where parking is allowed. The Contractor shall coordinate his work with the schedule of the refuse collection company serving the affected

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) streets so that garbage pick-up is allowed on normal pick-up day(s). A map is provided with the current daily garbage pick-up schedule.

Various streets in this contract may require special scheduling considerations regarding closure and resurfacing. Streets to receive this consideration include, but are not limited to, streets providing access to freeways, schools, government offices, and businesses. The City shall make the final determinations regarding which streets receive special consideration and the adequacy of the proposed scheduling.

The Contractor’s attention is directed to the location of Schilling Elementary School at the corner of Thornton Avenue and Spruce Street which may be affected by the construction work on Spruce Court. Scheduling of work on Spruce Court while school is in session will require special considerations as discussed above.

Advance Public Notification
The Contractor shall not be permitted to perform work on a specific street segment until the required notices have been delivered. Not less than two (2) weeks prior to beginning work on any street, the Contractor shall deliver written notice regarding the project to all members of the public affected, including but not limited to all adjoining residents, businesses, schools, and other applicable parties. Notices shall be delivered to individual tenants in apartment/condominium complexes affected by the work. Distribution of notices shall also include residents, schools, businesses and tenants on adjacent streets to which access will be restricted due to construction activities. Notice shall be given for general construction activity to occur; as well as specific activities that will, in any way, inconvenience residents, property owners, tenants, and business; or affect their operations or access to their properties. Such notice shall include the expected date for the start of construction, a general description of the construction activities that will take place, expected duration, Contractor name and address, contact numbers of the Contractor’s Project Superintendent and of the City’s Project Engineer. A follow up notice shall then also be distributed at least three (3) working days prior to the start of construction. This notification shall be in the form of a “Notice of Work” to be given to each property owner, residents, and business. This will provide adequate lead-time for residents to move vehicles from the affected streets. The notification shall be delivered to each residence or business by the use of “door hangers.” The door hangers shall be placed in a secure manner on the front of the door of each residence or business, or if not accessible, in a visible location which the occupant will see and read. Door hangers shall be printed on bright colored paper which can be easily seen. Items to be included on door hangers are: date of work to be done, type of work – pavement grind and overlay. Contractor name and address, contact numbers and email addresses of the Contractor’s Project Superintendent and of the City’s Project Engineer, and appropriate notices stating “No Parking on street allowed”, “Cars will be towed at owner’s expense”, etc… Copies of both notices shall be provided to the Engineer for approval at least five (5) working days prior to the initial distribution dates of each notice.

In the event the Engineer orders the suspension of work or the Contractor suspends work due to unforeseen circumstances, work shall not be commenced until the Contractor has provided the Engineer with not less than 72-hour notice when work will be resumed to provide the Contractor adequate opportunity to repost necessary “No Parking” signs and to perform required sweeping services. If the suspension of work changes the schedule, the Contractor shall allow at least 5 days for re-notifying the adjacent residents or businesses who are affected by the schedule change. It shall be Contractor’s responsibility to re-notify the affected residents or businesses of the change in the work schedule by placing a 72-hour notice and stamping “Re-notification of Work

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Rescheduled”. Residents or businesses shall be informed at that time of the anticipated date for rescheduling. This shall be done in a prompt and courteous manner.

Excavation or pavement grinding within the work area shall not begin until installation of all traffic control measures and approval of such by the Engineer.

The Contractor shall also contact and coordinate the work with the following agencies. At least five (5) working days before work is begun, copies of the advance construction notifications shall also be distributed to these agencies:

Newark Police Department (510) 578-4237
Alameda County Fire Department (510) 793-3738
U.S. Post Office (510) 797-0903
AC Transit (510) 891-4901
Para Transit (510) 791-7879
Newark School District (510) 818-4103
Republic Services “Allied Waste” (510) 657-3500
The Contractor shall verify all existing conditions before commencing work. All discrepancies between the plans and actual field conditions shall be immediately reported to the Engineer, who shall determine if modifications to the work are necessary. The Contractor shall not modify the work without prior authorization from the Engineer. Any removal, repair, or replacement caused by the Contractor’s failure to recognize or report unsuitable conditions shall be performed by the Contractor at the Contractor’s sole cost and expense.

At the end of each working day, if a difference in excess of 1-1/2-inch exists between the elevation of the existing pavement and the elevation of any excavation or any driveway, asphalt concrete material shall be placed and compacted against the vertical cuts adjacent to the traveled way. The material shall be placed to the level of the elevation of 1-1/2-inch below the top of existing pavement and tapered at a slope of 1:4 (Vertical:Horizontal) or flatter to the bottom of the excavation and as directed by the Engineer.

List of Required Submittals
The Contractor’s attention is directed to the following for additional information pertaining to the submittal requirements for this project. All the submittals listed below in addition to invoices, certified payroll, change orders, request for information, etc. shall be uploaded to the City’s cloudbased Virtual Project Manager (Virtual PM or VPM). Use of the City’s VPM is free, internet based, and can be accessed by the Contractor and Subcontractors. There will be no need to download new software to run the program. Log-in information (username and password) and training will be provided by the City to the Contractor and Subcontractors at the scheduled preconstruction meeting.

The Contractor shall provide the following submittals to the Engineer:
- Designation of Project Superintendent
- 24-hour contact information
- Equipment list
- Construction schedule
- Two-week advance construction notification (submitted five days prior to distribution date) - Three-day advance construction notification (submitted five days prior to distribution date)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) - Traffic control plan
- Utility inventory list
- Asphalt concrete mix design
- Asphalt concrete binder certificate of compliance
- Paint binder (tack coat) certificate of compliance
- Patch paving joint crack fill and surface seal materials - Monument, water valve box, and manhole frames and covers - Thermoplastic, and reflective markers certificate of compliance - Certified payroll reports and statement of compliance - Copies of all permits and licenses the Contractor has obtained for the project The City reserves the right to require additional submittals from the Contractor that are not specifically identified above, but that pertain to the specified work at hand.

COMPENSATION
Full compensation for conforming to the requirements of this section, the Standard Specifications, these Specifications and as directed by the City shall be considered as included in the prices for the various contract work items of work and no separate compensation will be made. 10-1.02 LOCATION OF WORK

GENERAL
The work to be done is located throughout the City of Newark as shown on the contract Plans associated with these Specifications. Areas to be patch paved will be remarked by City prior to beginning of work or during construction. The City reserves the right to increase or decrease the work quantity as may best fit the needs of the City of Newark. 10-1.03 CONSTRUCTION AREA SIGNS

GENERAL
Construction area signs shall be furnished, installed, maintained and removed when no longer required in accordance with the provisions in Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, current California Manual on Uniform Traffic Control Devices (MUTCD), and these Specifications.

Construction within the work area shall not begin until installation of all traffic control measures has been completed and approved by the Engineer.

Minimum Traffic Control Devices
Prior to initiating work, the Contractor shall furnish, install and maintain all required traffic control devices, all necessary arrow board signs, advance warning signs, barricades, cones, delineators, and barricades with steady burn flashers at 50’ on center minimum along the edge of construction where those edges are adjacent to travel lanes to warn of lane closures, and to protect the Contractor’s workers, the work area, pedestrians and vehicular traffic. The Contractor shall install all temporary signs required for the direction of public traffic through and around the work during construction. Contractor’s hand printed or stenciled signs will not be allowed.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The Contractor shall use the “No Parking” sign attached to these Specifications for posting areas that need “No Parking” signs. The Contractor shall use colored print and 11”x17” cardstock paper for reproduction of “No Parking” signs. The Contractor shall furnish and post “No Parking” signs, not less than 72 hours prior to scheduled work that will require parking restrictions. “No Parking” signs shall be posted at a minimum spacing of 100 feet on portable barricades, delineators or similar devices furnished by the Contractor. In addition, a minimum of one (1) “No Parking” sign shall be posted between all driveways where on-street parking is normally allowed. Posting of “No Parking” signs will not be allowed on trees, sign posts, fences, etc. The Contractor shall be responsible for ensuring the “No Parking” signs stay posted. The Contractor shall indicate on the signs the start and end dates of the temporary “No Parking” restrictions, which must correspond to the schedule on the delivered advance public notification. Dates posted on all “No Parking” signs shall be limited to provide a maximum five-day construction window unless otherwise authorized by the Engineer. The City of Newark will be responsible for towing vehicles which are left parked in violation of “No Parking” signs properly posted not less than 72 hours prior to the date(s) the “No Parking” restriction is in effect. The Contractor shall have available for the Police Officer responding to the towing request, photo documentation of “No Parking” postings if signs have been removed or vandalized the previous night. If the work is not performed during the time frame indicated on the “No Parking” signs, the work shall be rescheduled with at least five (5) working days of advance notice. The Contractor shall leave streets open to traffic until just prior to starting the work, and shall provide all barricades, signs, and traffic control measures as necessary to protect the work. The Contractor, at his expense, shall perform all re-posting of “No Parking” signs and re-notification of residents and businesses as a result of his/her failure to meet the posted schedule. Any delays caused by failure of the Contractor to adhere to the approved schedule shall be at the Contractor’s sole expense. No additional compensation will be allowed for costs resulting from said delays. The Contractor shall remove “No Parking” signs immediately when no longer needed.

Failure to provide and maintain sufficient traffic control devices as specified herein shall be sufficient cause to temporarily shut down the work on the affected portion of the project. In the event the control of traffic, as provided by the Contractor, does not provide sufficient public safety and/or is not established in accordance with the standards referenced here, to the satisfaction of the Engineer, then, and in that event, the Engineer will take measures as necessary and deduct the cost of such measures from any payments due to the Contractor.

COMPENSATION
Full compensation for complying with the requirements of this section shall be considered as included in the lump sum prices paid for TRAFFIC CONTROL and no separate payment will be made. The contract lump sum prices paid for TRAFFIC CONTROL shall include full compensation for furnishing all labor, materials (including all traffic control signs, other warning devices, “No Parking” signs, arrow boards, barricades, delineators, cones, temporary pavement markers and delineation, and temporary traffic stripes), tools, equipment and incidentals, and for doing all the work involved in placing, maintaining, relocating, storing, replacing, removing and disposing of the components of the traffic control system as specified in the Standard Specifications, these Specifications, and as directed by the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 10-1.04 MAINTAINING TRAFFIC AND TRAFFIC CONTROL

GENERAL
Attention is directed to Sections 7-1.08, “Public Convenience,” 7-1.09, “Public Safety,” and Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, current California Manual on Uniform Traffic Control Devices (MUTCD), Caltrans “Manual of Traffic Controls for Construction and Maintenance Work Zones”, and these Specifications. Nothing in these Specifications shall be construed as relieving the Contractor from the responsibilities specified in Section 7.1.09, “Public Safety,” of the Standard Specifications.

The Standard Specifications are modified by the deletion of provisions for sharing the cost of providing flagmen with the City; all costs for providing flagmen shall be borne by the Contractor.

At least ten (10) working days prior to beginning work, the Contractor shall provide a traffic control plan. The traffic control plans must be reviewed and approved by the Engineer prior to starting any work. All traffic control plans shall be prepared by a qualified individual and indicate the placement of all signs for each phase of work, the location of each flagger, and all other information deemed necessary by the Engineer to ensure consistency with referenced standards for construction related traffic controls. The traffic control plans shall conform to the most current California MUTCD and State Standard Plans. The traffic control measures as designed by the Contractor and identified on the traffic control plan shall be in place prior to the start of each day’s work. At the pre-construction meeting, the traffic control requirements for the project shall be reviewed with the Contractor, therefore all of the Contractor’s foremen or supervisors shall be present.

If the work impacts any pedestrian pathway such as sidewalks, curb ramps, and crosswalks, the traffic control plan shall include a pedestrian handling plan to direct pedestrians safely through the construction work zone. The pedestrian handling plan shall conform to the most current California MUTCD and State Standard plans and may include pedestrian detours, signs, temporary pedestrian path and ramps.

The Contractor shall maintain a safe work place throughout the project including, but not limited to providing flaggers, safety equipment, barricades, safe pedestrian and bicycle passage through the work zones, and maintenance of handicap access where applicable.

Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or W21-5 (Shoulder Work) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where directed by the Engineer.

When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

Except for temporary interruptions approved by the Engineer, residents, schools, and businesses shall be provided access to their properties over both walkways and driveways at all times. The Contractor shall perform his/her work to allow such access. As part of the notification process, all

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) affected residents and businesses shall be provided with specific dates and times for temporary driveway closures.

The Contractor shall maintain access to all properties within the project limits during all times construction is underway adjacent to these properties unless prior authorization is given by the Engineer. Except for temporary interruptions of less than an hour as approved by the Engineer, businesses/residents shall be provided access to their properties over both walkways and driveways at all times and shall be coordinated in advance with the Engineer and affected businesses/schools/residents. The Contractor shall schedule work to minimize limitations on access. As part of the notification process, at least 5 working days prior to commencing operations which temporarily prevent access, the Contractor shall provide notification to all affected businesses/schools/residents in writing with specific dates and times. The Contractor shall pay the City liquidated damages in the amount of $500 per hour (or part of an hour) per location for any access restrictions lasting longer than an hour.

Pedestrian use of the public sidewalk shall not be blocked except during the period when the sidewalk is actually being removed and replaced. When the sidewalk must be blocked, the Contractor shall place signs and barricades across the sidewalk at the nearest crosswalks advising pedestrians that the sidewalk is closed. Said signs and barricades will be in place only when the Contractor’s operations pose a hazard or obstruction to pedestrians.

Safe bicycle accommodations shall be maintained by the Contractor at all times during construction. Appropriate warning signs designed for bicyclists shall be used by the Contractor, as necessary, so bicyclists can safely traverse the construction zone.

The Contractor shall maintain access to enable garbage pickup at all times during construction of this project. The Contractor shall coordinate with the garbage collection company to confirm the pickup schedule(s). If for any reason, the construction work restricts access of the garbage company to containers (including cans and/or dumpsters), the Contractor shall be responsible for temporarily relocating containers to a location suitable for pickup, and for coordinating pickup at the alternate location with the garbage company. After pickup at an alternate location, containers shall be immediately returned to their original location. If for any reason access to containers is blocked during the regular pickup schedule and the garbage company is unable to empty containers, the Contractor shall immediately contact the garbage company and coordinate an alternate pickup. Any cost charged by the garbage company for alternate pickup shall be borne by the Contractor.

All excess and unsuitable material resulting from the Contractor’s operation shall be removed as it is generated and before the end of each workday.

The Contractor shall fulfill the requirements of this section 24 hours per day, seven days per week, including holidays, from the time the Notice to Proceed is issued until the project is accepted as complete.

Lane Closures
Arrow boards shall be used for all lane closures. The Contractor shall check with the Engineer to confirm any lane closure restrictions that may be in effect before closing any lanes.

No lane closures or traffic controls shall be performed during the following days and times unless otherwise approved by the Engineer:

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) • Saturdays, Sundays, and designated legal holidays
• Prior to 8:30 am or after 4:00 pm; Monday through Thursday. • Prior to 8:30 am or after 3:00 pm on Fridays.
• Prior to 8:30 am or after 3:00 pm on days preceding designated legal holidays • After 2:00 pm where school traffic is affected; Monday through Thursday • After 1:00 pm where school traffic is affected; Fridays • Any day when garbage collection is scheduled
A minimum of one paved traffic lane, not less than ten (10) feet wide, shall be open for use by public traffic in each direction of travel at all times unless otherwise approved by the Engineer.

Traffic may not be routed over unpaved roadways unless authorized by the Engineer. All streets, shall be open to traffic between the hours of 4:00 p.m. and 8:30 a.m.

The full width of the traveled way shall be open for public use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays, the day preceding designated legal holidays, and when construction operations are not actively in progress, or as directed by the Engineer.

The Contractor shall be responsible for determining the schedule of garbage collection for each street segment.

Deviations from the requirements of this section concerning hours of work and lane closure hours, which do not significantly change the cost of the work may be permitted upon the written request by the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be implemented until the Engineer has provided the Contractor with written approval to do so.

The Contractor shall pay the City liquidated damages in the amount of $500 per hour (or part of an hour) for lane closures traffic control that is set up during the restricted days and times listed above, unless a deviation is approved by the Engineer.

If existing traffic striping and markings have been removed, lane closures may not reopen until temporary pavement delineation has been installed.

Staging Area
The Contractor shall be responsible for making his/her own arrangement for storing excess material and equipment at an approved storage yard off City streets. Construction equipment may be stored on the streets in the commercial and industrial areas only as approved by the Engineer, but must be moved every two days (48 hours) as construction progresses. Storage containers and sanitary facilities shall not have graffiti and shall be painted in subdued colors. Reflectors and/or barricades shall be required for all equipment and material left on the street overnight. No construction material shall be stored on streets over the weekends unless approved by the Engineer.

Cooperation
The Contractor shall cooperate with local authorities relative to handling traffic through the area.

Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic. The Contractor shall make his/her own arrangements relative to keeping the work area clear of parked vehicles.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Truck Routes
All hauling on City streets shall be on Adopted Truck Routes and the shortest route thereto. See Truck Route Map following these Specifications. The Contractor shall provide the City with the anticipated haul routes for each work location at the pre-construction meeting.

Trenches/Excavations
The Contractor shall protect all open excavations, trenches, manholes, and all other potential hazards where appropriate during construction with steel plating or covers, together with adequate barricades with at least one working flasher each, signs, lights, and other warning devices, sufficient to maintain safe pedestrian, bicycle, and vehicular traffic. The warning devices shall not be removed until the asphalt concrete patching and/or overlay has been completed and the hazard to pedestrians, bicyclists, and motorists no longer exits.

No excavation shall be left open during nonworking hours. In case of emergency, and at the end of each working day, open trenches shall be steel plated or backfilled to grade, paved with at least 1 inch of temporary asphaltic concrete, adequately compacted to carry traffic and protected as appropriate with traffic conditions. Where steel plating is used, asphaltic concrete cutback shall be utilized to provide sufficient transition at the edges of the plates where vehicular, bicycle, or pedestrian traffic will be encountered.

Traffic Control System
A traffic control system shall consist of closing traffic lanes or portions of roadways in accordance with the details shown on Standard Plan T-11, the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” current California MUTCD, and the provisions under “Maintaining Traffic” elsewhere in these Specifications.

The provisions in this section will not relieve the Contractor from his/her responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, “Public Safety,” of the Standard Specifications.

The Contractor shall provide temporary striping to the satisfaction of the Engineer on all street segments for the time period between the removal of existing pavement striping and final striping.

Minimum temporary striping shall include lane line designations and stop bars.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component to its original condition.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder.

COMPENSATION
Full compensation for complying with the requirements of this section shall be considered as included in the lump sum prices paid for TRAFFIC CONTROL and no separate payment will be made. The lump sum prices paid for TRAFFIC CONTROL shall include full compensation for furnishing all traffic control plans, construction and detour signing, flaggers, all labor, materials

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) (including all traffic signs, No Parking signs, arrow boards, barricades, delineators, cones, temporary pavement markers and delineation, and temporary traffic stripes), tools, equipment and incidentals, and for doing all the work involved in placing, maintaining, relocating, storing, replacing, removing and disposing of the components of the traffic control system as specified in the Standard Specifications, these Specifications, and as directed by the Engineer. 10-1.05 OBSTRUCTIONS

GENERAL
Attention is directed to Section 8-1.10, “Utility and Non-Highway Facilities,” and 15, “Existing Highway Facilities,” of the Standard Specifications and these Specifications.

Underground Service Alert
Prior to initiating work, the Contractor shall contact Underground Service Alert North 811 or at (800) 227-2600 a minimum of 48 hours prior to commencing work. The 48-hour advance notice shall not include Saturdays, Sundays or holidays. The Contractor shall supply the Engineer with copies of all USA confirmation numbers including associated documents.

Grade Conflicts
In the event any Pacific Gas and Electric or AT&T facilities are encountered, the Contractor shall effect the necessary coordination to have these structures removed, relocated and/or adjusted as necessary by the respective utility company at no cost to the Contractor or the City (manholes, risers, valves, etc.).

Damaged Utilities - Gas, Electric or Telephone
In the event damage is done to any gas, electric or telephone facility by the Contractor, he shall immediately notify the respective utility company. Repairs shall be made by the utility company at the Contractor’s expense.

Damaged Utilities - Water or Sewer Services
In the event that water or sewer services are broken or damaged between the meter or cleanout and the point of service, the Contractor shall immediately, at his/her own expense, repair such damage, in a manner satisfactory to the Engineer, in order that the water supply or sewer service will not be interrupted for a period greater than one (1) hour. This section applies only when the water or sewer service has been broken or damaged by the Contractor as a result of his/her operations. If such interruption is sustained, it shall be the Contractor’s responsibility to notify the occupants of the premises to which said services are connected so that no damage will occur on said premises.

Damaged Utilities - Water Facilities
Whenever damage is done to water mains, water meters, services between the Alameda County Water District mains and said meters, fire hydrants or other appurtenances, the Alameda County Water District forces shall make such needed repairs and the cost thereof shall be borne by the Contractor.

Damaged Utilities - Sanitary Sewer Facilities
Whenever sewer facilities are broken or damaged, the Contractor shall take immediate steps to provide for continuation of flow and immediately notify the Union Sanitary District (USD) of the damage. The Contractor may perform the repair when so directed by the USD in accordance with USD requirements and the full cost borne by the Contractor.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Damaged Existing Improvements
Any damage to existing structures, facilities, utilities, trees, lawns, shrubs, pavements, landscape, irrigation, curbs, gutters, sidewalks, driveways, or any other improvements caused by the Contractor shall be restored/replaced to the original condition as directed and approved by the City at the Contractor’s expense, prior to final inspection and acceptance.

COMPENSATION
Full compensation for conforming to the requirements of this section, the Standard Specifications, these Specifications and as directed by the City shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made. 10-1.06 COOPERATION

GENERAL
Attention is directed to Sections 7-1.14, “Cooperation,” and 8-1.10, “Utility and Non-Highway Facilities,” of the Standard Specifications and these Specifications.

The work shall be conducted under the general observation of the Engineer and shall be subject to inspection by the Engineer or his/her inspection representative (inspector) to assure strict compliance with the requirements of the Contract Documents, and all applicable codes and regulations. The authorized representative of the Engineer on the project site shall be those representatives or consultants designated by the Engineer to act on behalf of the City. One or more inspectors shall periodically review the Contractor’s work as the project progresses to verify conformance with the Contract Documents. The presence of the inspectors, however, shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with all requirements of the Contract Documents and applicable building codes or other regulations.

Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the inspector(s).

The Contractor shall be responsible for the coordination of all the work and the coordination of the work of all subcontractors. The Contractor shall not delegate coordination to any subcontractor. The Contractor’s on-site supervisory person shall be present and represent the Contractor whenever a meeting is held that involves any interface between the City and any subcontractors or suppliers. The Contractor shall resolve differences or disputes between subcontractors concerning coordination, interfaces, or extent or work.

The Contractor shall coordinate all inspections governed by permits obtained in conjunction with the work. The Contractor shall schedule all inspections with adequate advance notice, and in accordance with the requirements of the permit issuer, to assure no delays while waiting for an inspector to review the work before proceeding.

It shall be the responsibility of the Contractor to coordinate all necessary utility work with the appropriate utility company. The request for work to be done by the utility company affected shall be made in sufficient time so that the utility company may perform their work in time to prevent delays to the project schedule.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Other Contracts or Projects
The Contractor must ascertain to his/her own satisfaction the scope of the work and the nature of any other contracts that have been or may be awarded by owner or any other agency with right-ofway rights, in the prosecution of the work to the end that Contractor may perform this contract in light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to the Contractor exclusive occupancy of the site of the work. The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on any project which encompasses the work. If the performance of any contract for the work is likely to be interfered with by the simultaneous execution of some other contract or contracts, City will decide which contractor shall cease work temporarily and which contractor shall continue or whether the work can be coordinated so that the contractors may proceed simultaneously. City will not be responsible for any damage suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the work, or causes by any decision or omission of owner respecting the order of precedence in the performance of the contracts awarded for the completion of the work.

City reserves the right to do work with its own forces or to let other contracts for work on or contiguous to the work set forth in the Plans and Specifications.

COMPENSATION
Full compensation for conforming to the requirements of this section of these Specifications shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.
10-1.07 DUST CONTROL

GENERAL
Dust Control shall conform to the provisions in Section 10, “Dust Control,” of the Standard Specifications and these Specifications.

At the end of each working day, or as directed by the Engineer, the roadways and on-site paved areas shall be cleaned and swept of all materials attributed to or involved in the work. Streets shall not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping.

Upon failure of the Contractor to remove the dust nuisance within two (2) hours after notification by the Engineer, the City may order that such work be done by others, and all costs shall be deducted from monies owed or to be owed the Contractor.

The first sentence of Section 10-1.04, “Payment,” of the Standard Specifications is hereby amended to read:

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor’s performance of the work, public traffic, wind, or any other cause, either inside or outside the right-of-way.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The second paragraph of Section 10-1.04, “Payment,” of the Standard Specifications is hereby deleted.

COMPENSATION
No separate payment will be made for any work performed or material used to control dust resulting from public traffic within the right-of-way. Full compensation for dust control shall be considered as included in the prices paid for the various contract items of work involving dust control and no separate payment will be made.
10-1.08 EXISTING HIGHWAY FACILITIES

GENERAL
The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, “Existing Highway Facilities,” of the Standard Specifications and these Specifications.

Existing underground utility lines are not shown on the plans. The Contractor is responsible for locating and field verifying the location of all existing utilities prior to the start of construction activities and protecting all facilities during construction. All damage caused by the Contractor to existing facilities must be repaired within 24 hours at the sole expense of the Contractor.

The Contractor shall notify and coordinate the work of identifying and marking utility facilities with the respective utility companies. The Contractor is required to call Underground Service Alert (USA) at (800) 227-2600 forty-eight (48) hours in advance of any excavation activity so all existing underground facilities can be located and marked. The Contractor shall supply the Engineer with copies of all USA confirmation numbers including all associated documentation.

All utility manholes, vaults, gas valves, water valves, survey monuments, and other utility facilities shall be protected in place. Prior to placing asphalt, the Contractor shall cover all manholes, valves, monuments covers, grates or other exposed facilities using oil resistant construction paper secured to the facility being covered by tape or adhesive. The covered facilities shall be referenced by the Contractor, with a sufficient number of control points to locate the facilities after the asphalt has been placed. After completion of the paving operation, all covers shall be removed and disposed of in a manner satisfactory to the Engineer. If asphalt has not been placed to the level of the existing structures before the pavement is to be opened to public traffic, the Contractor shall either a) install temporary asphalt concrete tapers with a minimum diameter of 12” around each structure; b) install temporary asphalt concrete tapers with a maximum slope of 1:12 (Vertical:Horizontal); c) install approved temporary pre-fabricated rubber safety rings; or d) install temporary measures as directed by the Engineer.

After the overlay, the Contractor shall adjust any utility manhole, vault, water valve, survey monument, and other utility facilities frame and cover that is ½” or more below or above the finished grade in accordance with the provisions in Section 15-2.05A “Frames, Covers, Grates, and Manholes” of the Standard Specifications, with these Special Provisions, and as directed by the Engineer.

To facilitate the Contractor’s work and at the Contractor’s sole expense, the Contractor may have the option of pre-lowering and adjusting to grade all utility manholes, vaults, water valves, survey

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) monument covers, and other utility facilities frames and covers, except Pacific Gas and Electric Company valves and boxes, within areas designated for asphalt concrete overlay, in conformance with the requirements of the appropriate utility agency or as directed by the City. The various utility agencies shall be notified by the Contractor of his sched ule prior to the commencement of work. The schedule shall provide the anticipated dates of work specific to each street. Before lowering any utility facilities, the Contractor shall reference the location and inventory the utilities to be adjusted. The Contractor shall record the exact location and type of utility by labeling the assembly with numbers at the location visible for verification. The labeling shall include utility site, collar, and lid to ensure proper match of hardware when utility adjustment is complete at the conclusion of project. Any hardware damaged by the Contractor’s operations shall be replaced at the Contractor’s sole expense to the satisfaction of the Engineer.

The Contractor shall also keep a copy of the utility location reference information and inventory list on the project work site at all times for emergency shutoff purposes. The Contractor shall maintain the list at the approved location, such that the list is accessible 24 hours per day for the duration of the project.

Frames and covers shall be removed, transported and stored without damage. Any items damaged shall be replaced at the Contractor’s expense. Pre-existing damage must be brought to the Engineer’s attention prior to commencement of any work. The frames and covers shall be adjusted and removed by excavating the frame and cover in a neat line with a dimension not greater than necessary to loosen and adjust the frame with the cover and the concrete collar. The Contractor shall prevent construction debris, and tools from falling into the storm drain/sanitary sewer manhole channel by using a debris catcher device at all times while working on all manholes.

The debris catcher device shall be Grappler Specialty Products “Manhole Debris Catcher”, “Debris Dam”, “Foreign Material Catcher”, SSI/Sealing Systems or an approved equal. Any work necessary to flush, clean, and remove construction debris from the monuments, water valves, storm drain/sanitary sewer systems, and utility facilities as a result of the Contractor’s operation shall be at the Contractor’s expense.

All Alameda County Water District valves, manholes and vaults frames and covers; Union Sanitary District manholes and risers frames and covers; except PG&E valves frames and covers shall be either protected in-place or pre-lowered by the Contractor and will be adjusted to final grade by respective utility agencies unless Alternate Bid No. 4 and Alternate Bid No. 5 are awarded, in which case the Contractor shall adjust the respective utility facilities. All other City storm drain manholes, monument frames and covers, and other facilities pre-lowered by the Contractor’s choice within the construction area shall be adjusted to conform to final grade within ⅛” tolerance by the Contractor. No additional payment will be made.

Adjustment of utilities to final grade shall be done within five (5) working days after completion of the paving of each street. The Contractor shall pay the City liquidated damages in the amount of $200 per calendar day per facility affected for each day beyond the five (5) working days after completion of the paving which facilities remain buried. Adjustment shall be accomplished by removing the existing concrete collar around the frame, installing concrete adjusting rings or similar, raising the frame and cover, and construction of a new concrete collar. The concrete collar shall be circular and constructed so that the top of the collar is no greater than three inches and no less than two inches below the existing pavement grade surrounding the facility. For 36” or greater diameter manholes, the Contractor shall install four ½” x 6” galvanized anchor bolts, embed the anchor bolts at least 3” into the concrete collar, and install two No. 4 rebar hoops at 12” on center.

The void between the top of the concrete collar and the finish grade of the pavement around the

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) collar shall be paved to finish grade with asphalt concrete of at least two inches and be level in both the traffic flow and cross-slope directions to the surrounding pavement. All structures adjusted to final grade must be paved within 24 hours or the Contractor shall be required to furnish temporary paving.

The Maximum Duration between the lowering and raising of facilities is thirty (30) calendar days.

The Contractor shall be pay the City liquidated damages in the amount of $200 per calendar day per facility affected for each day beyond the Maximum Duration during which facilities remain buried.

Adjust City Monuments Frames and Covers to Finished Grade, Replace & Adjust City Monuments Frames and Covers to Finished Grade, Replace & Adjust Fire Hydrant Valve Boxes Frames and Covers, Adjust Storm Drain Manholes Frames and Covers to Finished Grade, and Replace & Adjust Storm Drain Manholes Frames and Covers to Finished Grade After the overlay, the Contractor shall adjust any storm drain manhole, monument, and fire hydrant valve box frames and covers that is ½” or more below or above the finished grade in accordance with the provisions in Section 15-2.05A “Frames, Covers, Grates, and Manholes” of the Standard Specifications, with these Special Provisions, and as directed by the Engineer.

Any monument cover with a red label MON on the Plans that is ½” or more below or above the finished grade shall require a replacement and adjustment of the frame and cover. The Contractor shall replace the existing monument frame and cover with a new Christy G5 MONUMENT Traffic Valve Box frame and cover, and adjust it to final grade without disturbing the existing monument.

If the existing monument is damaged or disturbed by the Contractor’s operations, the Contractor shall bear the cost and responsibly for obtaining the services of a registered Surveyor or Civil Engineer to tie out the existing monument, remark, and reset the monument. The Contractor shall be responsible for filing the appropriate Corner Records pursuant to the requirements of State of California and Highway Code Sections 732.5, 1492.5, and 1810.5 and Business and Professions Code Section 8771, and shall provide a copy of all recorded documentation to the City prior to project acceptance.

For fire hydrant valve box, refer to Replace and Adjust Alameda County Water District (ACWD) Valve Box to Final Grade requirements below.

Replace and Adjust Alameda County Water District (ACWD) Valve Boxes Frames and Covers to Finished Grade
At the discretion of ACWD, the replacement and adjustment to finished grade of ACWD valve box (labeled WV on the Plans) may or may not be included in the contract to be awarded as part of Additive Alternate Bid No. 4. If included in the contract, all such work shall be subject to inspection and approval by ACWD. Any ACWD valve box that is ½” or more below the finish grade, the Contractor shall replace existing valve box frame and cover with new Christy G5 WATER Traffic Valve Box and adjust the new valve box to final grade in accordance with attached ACWD Standard Specifications and Standard Drawings, as specified herein, and as directed by ACWD’s representative. The Contractor shall hand dig when digging is within 6” of the valve box extension. The Contractor shall install a new valve box extension as needed to accommodate final grade of valve box in accordance with ACWD Standard Drawing VB-1-08. Any tracer wires present must be restored in accordance ACWD Standard Drawing TW-1-08. If a valve nut extension stem was present in the original installation, the same extension stem must be reinstalled

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) in accordance with ACWD Standard Drawing VB-1-08. If a valve nut extension stem was present in the original installation, the same extension stem must be reinstalled in accordance with ACWD Standard Drawing VB-1-08. The Contractor shall backfill and compact around the valve box extension to 16” below finished pavement grade. The Contractor shall install a new Christy G-5 valve box and install concrete collar to 4” of surface grade in accordance with ACWD Standard Drawing VB-1-08.

After valve box restoration work has been completed, the Contractor shall confirm the assembly has been restored to ACWD standards as referenced herein, the valve (and valve nut extension stem if applicable) is fully accessible and that any debris has been removed from within the valve box and the valve box extension.

All existing valve boxes and debris from the ACWD valve boxes restoration to final grade shall be become the property of the Contractor and be disposed of by the Contractor outside the rightof-way in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right-of-Way,” of the Standard Specifications.

Adjust Union Sanitary District (USD) Facilities Frames and Covers to Finished Grade At the discretion of USD, the adjustment to finished grade of USD structures frames and covers (labeled S on the Plans) may or may not be included in the contract to be awarded as part of Additive Alternate Bid No. 5. If included in the contract, all such work shall be subject to inspection and approval by USD. In addition to the sanitary sewer structure frame and cover adjustment to final grade, the Contractor shall form and pour 4’ diameter class “A” concrete collar concentric with concrete grade ring in accordance with the USD Standard Detail 1. Also, the Contractor shall convert existing USD oval riser to new circular standards by removing and replacing existing frame and cover in accordance with the USD Standard Detail 12. Frames and covers for the riser conversions will be provided to the Contractor by USD at no cost to the Contractor. The Contractor shall arrange the material pick-up/delivery with Kevin Coffee at (510) 477-7548. The Contractor shall salvage the existing riser frames and covers for USD to pick-up.

Any existing manhole covers that require replacement must be provided by USD.

In the event the Contractor is not required by ACWD or USD to adjust said facilities to finished grade, said portion of the work will be performed by ACWD or USD after placement of the asphalt concrete overlay. Additive Alternate Bids will not be considered in determining the total bid for awarding the project.

Existing Abandoned Utility Lines
Existing abandoned utility lines may be encountered during excavation. Abandoned utilities include, but may not be limited to, water services, gas services, and sanitary sewer facilities. If any abandoned facilities are encountered with the roadway grade to be constructed or in any other way conflict with proposed improvements, the Contractor shall remove such abandoned lines to the extent necessary to complete the contract work.

Other Existing Highway Facilities
PG&E gas and electric valve and manhole frames and covers will be adjusted to final grade by the respective utility agency at no expense to the Contractor.

COMPENSATION
Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) all the work involved in protecting in-place or pre-lowering, or repairing any damages to existing utility facilities as required by these Specifications and as directed by the City shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.

For the purposes of bidding, 11 storm drain manhole frames and covers, 32 monument frames and covers, 1 monument box cover; and 17 fire hydrant valve box frames and covers are assumed to be replaced and adjusted to finished grade. The work under these pay items shall be performed only upon direct authorization from the City Engineer. The amount paid for adjusting structures to final grade during the course of this contract may vary from nothing to an amount exceeding the assumed quantities. Final payment will be based on the work actually performed as approved by the Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities”, of the Standard Specifications.

Also, for bidding purposes, 52 ACWD valve boxes are assumed to be replaced and adjusted to finished grade, 30 USD manhole and 5 USD riser frames and covers are assumed to be adjusted to finished grade on this project. The work under these pay items shall be performed only upon direct authorization from the ACWD, USD and the City Engineer. The amount paid for adjusting structures to final grade during the course of this contract may vary from nothing to an amount exceeding the assumed quantities. Final payment will be based on the work actually performed as approved by ACWD, USD and the Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities”, of the Standard Specifications.

The contract unit price per each for REPLACE MONUMENT BOX COVER, REPLACE &

ADJUST MONUMENT BOX COVER, ADJUST STORM DRAIN MANHOLE FRAME AND

COVER, REPLACE & ADJUST ACWD FIRE HYDRANT VALVE BOX COVER, REPLACE AND ADJUST ACWD VALVE BOX COVER, ADJUST USD MANHOLE COVER, and ADJUST USD RISER COVER shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in traffic controlling, referencing, locating (unburying), protecting in-place or pre-lowering, installing and removing temporary covers, replacing/adjusting existing facilities frames and covers to finished grade, asphalt concrete joint and surfacing sealing, restoring any damaged striping, as shown on the plans, as required by these Specifications and as directed by the Engineer, complete in place.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in removing any existing abandoned utility lines as required by these Specifications and as directed by the City shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made. 10-1.09 WATERING
Watering shall conform to the provisions in Section 17, “Watering,” of the Standard Specifications.

Nothing in this section shall be construed as relieving the Contractor from furnishing an adequate supply of water required for proper construction of this project in accordance with the Standard Specifications and these Specifications.

The Contractor shall, whenever possible and not in conflict with the above requirements, minimize the use of water during construction of the project. Watering equipment shall be kept in good

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) working order; water leaks shall be repaired promptly; and equipment washing, except when necessary for safety, shall be discouraged.

COMPENSATION
Full compensation for conforming to the requirements of this section, the Standard Specifications, these Specifications and as directed by the Engineer shall be considered as included in the prices paid for the various contract items of work requiring watering and no separate compensation will be made.
10-1.10 SURVEY STAKING

GENERAL
The Contractor shall be responsible for laying out all work on this project using accepted surveying practices. The Contractor shall establish lines, control points, and elevations to set lines and grades as needed to establish and maintain horizontal and vertical alignments of existing roadways, curb and gutter. The Contractor shall check location and grade of every element as the work progresses.

The Contractor shall notify the Engineer when deviations from required lines and grades are identified. The Contractor shall be responsible for placing newly overlaid asphalt concrete such that the new pavement surface drains properly and meets the most recent Americans with Disabilities Act requirements. No ponding of more than 1/2” will be allowed.

COMPENSATION
Full compensation for survey staking will be considered as included in the prices for the various contract work items of work, and no additional compensation will be made. 10-1.11 ASPHALT CONCRETE GRINDING

GENERAL
The Contractor shall not schedule any asphalt concrete grinding work on the same day as patch paving work or asphalt concrete paving work.

Existing asphalt concrete shall be ground either for wedge/conform grinding or for full street width (curb to curb) grinding per the grinding details shown on the Plans, in accordance to these Specifications, and as directed by the Engineer.

The grinding machine shall be equipped with a cutter head of at least 30” in width and shall be operated so as not to produce fumes or smoke. The grinding machine shall be capable of grinding the pavement without requiring the use of a heating device to soften the pavement during or prior to the grinding operation.

For wedge grinding, existing asphalt concrete shall be planed longitudinally and parallel to the direction of traffic from gutter lip to a minimum of 6’ (six feet) wide on both sides of those streets listed for wedge grinding prior to applying asphalt concrete overlay. The depth of grinding at gutter lip shall be a minimum of 0.125’ and a maximum of 0.20’ or directed by the Engineer. The wedge grinding shall be reduced to zero at a minimum of 6’ (six feet) from lip of gutter. The removal crew shall follow within 50 feet of the planer, unless otherwise permitted by the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Conform grinding will be necessary at side streets, and at the beginning and ending of each street section such that the final asphalt surface provides a smooth transition to the adjacent existing surface. Conform grinding shall be minimum twenty feet (20’) wide or as directed by the Engineer.

All pavement grinding limits and depths shown on the Plans are approximate and shall be verified in the field with the Engineer prior to the start of work. The depth of cut shall be measured from the existing lip of gutter, and no additional payment will be made for grinding of material above the existing lip of gutter. The actual depth of material removed will vary due to previous paving projects. The Contractor shall remove all material necessary to achieve a uniform surface conforming to the typical cross sections. The outside lines of the ground area shall be neat and uniform. Asphalt concrete grinding operations shall be performed without damage to existing adjacent surfaces and structures to remain in place. Any existing pavement to remain in place which is disturbed or becomes loose by the grinding operation shall be trimmed back and replaced with additional asphalt concrete at no additional cost to the City.

The Contractor shall be responsible for all damage to the grinding machine caused by hitting any hidden objects during the grinding operation. In addition, the Contractor shall be responsible for the cost of repairing any facility that is damaged by the grinding machine, and no extension of time or additional compensation will be granted due to delays caused by damaged grinding machine.

Ground widths of pavement shall be continuous except for intersections at cross streets where the grinding shall be carried around the corners and through conform lines as shown on the plans and as directed by the Engineer. Following grinding operations, a longitudinal drop-off of more than 1-1/2 inches will not be allowed at any time between adjacent lanes open to public traffic.

The material ground from the roadway surface and remnants or slivers of existing asphalt concrete, including material deposited in existing gutters, driveways, around structures, on the landscape areas, or on the adjacent traveled way, shall be immediately removed and disposed of outside the highway right-of-way in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right-of-Way,” of the Standard Specifications. Removal of this material shall be considered as included in this item of work and no additional compensation will be allowed. Removal operation of ground material shall be concurrent with grinding operations and shall follow within 250 feet of the grinder, unless otherwise directed by the Engineer.

During grinding activities, the Contractor shall furnish and operate a minimum of two (2) selfloading motor sweepers with spray nozzles and a water truck for final clean-up work and shall keep the ground areas, including existing gutters and adjacent travel ways, cleaned at all times until the streets have been resurfaced. The Contractor shall minimize airborne dust from grind activities pursuant to Section 10-1.07 “Dust Control”.

The existing material to be removed from the roadway may not be recyclable or reusable due to the existing asphalt concrete pavement potentially containing pavement reinforcing fabric from previous concrete overlays. No additional compensation will be allowed to the Contractor if the removed material is not recyclable or reusable.

After grinding is completed and loose pavement fabric is determined to exist, the Contractor shall be responsible for performing any additional work that is necessary to completely remove any loose fabric from the pavement section prior to paving at no additional cost to the City. If

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) pavement fabric substantially hinders the progress of the grinding as determined by the Engineer, the Contractor will be allowed an extension of time to accomplish the grinding operations.

However, no additional compensation for grinding asphalt concrete will be provided to the Contractor due to the presence of pavement fabric in the sections to be ground in accordance to the Plans and these Specifications.

When the entire existing pavement section and any underlying material are removed, prior to paving, the remaining surface material shall be compacted to 95% if the remaining material is aggregate base or sub-base materials and 90% if subgrade materials. After compaction, any low areas shall be brought to final grade for paving by placement, fine grading, and compaction of aggregate base to minimum 95% compaction at the Contractor’s expense.

Following grinding operations, no drop-off greater than 1-1/2 inches shall remain between the existing pavement and the ground area or between adjacent lanes when the street is re-opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the street is opened to public traffic, a temporary asphalt concrete taper shall be constructed where joints are ground and are to be opened to traffic. Asphalt concrete for temporary tapers shall be of commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. The Contractor shall have the option of tapering the grinding minimum 12” away from the edges of all existing structures, then use jack hammer to remove the remaining asphalt concrete around the structures on the paving day before paving to the structures; providing asphalt concrete tapers with a slope of 1:12 (Vertical:Horizontal) around the structures; or installing approved temporary pre-fabricated rubber safety rings. Along longitudinal edges adjacent to lanes open to traffic, the asphalt concrete taper slope shall be 1:4 (Vertical:Horizontal). At transverse conform edges, asphalt concrete tapers shall be placed to the level of the existing pavement and tapered on a minimum slope of 1:30 (Vertical:Horizontal) or flatter, as determined by the Engineer depending on the speed of traffic, to the level of the ground area. At all times, the Contractor shall be responsible for maintaining temporary tapers such that the proper minimum slope is provided at all conform edges. Temporary asphalt concrete tapers shall be completely removed, including the removal of all loose material from the underlying surface, prior to placing the permanent surfacing. The removed material shall be disposed of outside the highway right-of-way in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right-of-Way,” of the Standard Specifications.

If the Contractor elects to not grind full depth at transverse joints at the ends of street sections and at intersecting streets, instead tapering the grind from full-depth to the existing pavement surface at the slope of 1:30 or flatter, then placement of temporary asphalt taper will not be required.

However, the Contractor shall return with the grinder the day of the overlay and complete the grinding to the full overlay depth required. No additional compensation will be allowed for bringing back the grinder on a different day to complete the grinding operation. Also, grinding the street section in stages will not alter the timing requirement below.

Operations shall be scheduled such that no more four (4) working days shall elapse between the time when the street is first planed and the permanent surfacing is placed. The Contractor shall pay the City liquidated damaged in the amount of $2,500 per day per location for each day beyond four (4) working days during which permanent surface is not replaced to final grade.

Special Requirements for Equipment Use over Unsuitable Material Areas The majority of underlying soil on this project is soft silty clay material. Subject to prequalifications and routing requirements, the Contractor may select the equipment and procedures

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) he/she deems most appropriate for the prosecution and completion of the Work in conformance with the requirements of the Contract documents; provided however, that the equipment and procedures selected shall not be such as to cause damage to the underlying soils in the project area, and shall demonstrate compliance with said requirements and the intent of the Work.

If, in the opinion of the Engineer, the equipment or procedures selected by the Contractor are detrimental to the intent of the Work and will cause damage to the underlying soils, the Contractor shall modify his/her procedures of his equipment to the meet the approval of the Engineer at no additional cost to the City.

Equipment will be evaluated on the basis of its performance and suitability for completing the Work within the intent of the Specifications and without damage to the underlying soils. The Engineer may, at any time, upon verbal or written notice to the Contractor, exclude any vehicles or equipment which does not comply with the Engineer’s requirement.

Equipment shall be routed to preclude pumping, subgrade damage, and/or damage to adjacent existing pavement. Where, in the opinion of the Engineer, pumping and wearing have progressed to an extent where damage to subgrade has occurred as evidenced by distortion of surface, rutting or appearance at the surface of underlying undesiccated soils, the Contractor shall perform subgrade repair as follows at no additional cost to the City:

A. Excavate damage areas to the extent directed by the Engineer.

B. Backfill and compact the excavation with material as defined in this section of these Specifications, and asphalt concrete of the thickness as specified for the street.

Where, in the opinion of the Engineer, damage to the adjacent existing pavement has been caused by the Contractor’s choice of equipment, the damaged pavement shall be replaced at no additional cost to the City.

COMPENSATION
ASPHALT CONCRETE WEDGE/CONFORM GRINDING and ASPHALT CONCRETE FULL WIDTH GRINDING will be measured by the linear foot and by the square foot, respectively. The quantities to be paid for will be the actual roadway surfaces areas that are ground, irrespective of the number of passes required to obtain the required depths and widths as measured from existing lip of gutter. Adjustments in grinding depth of up to +½” required to achieve the results specified herein will be considered as included in the contract unit price and no additional compensation will be made; and the provisions of Section 4-1.03B, Increase or Decreased Quantities of the Standard Specifications shall not apply to such adjustments of + ½” or less.

When a combination of asphalt concrete wedge/conform grinding and full width grinding are used on a street, all the grinding work on that street shall be paid per square foot for ASPHALT CONCRETE FULL WIDTH GRINDING, and no additional payment will be made.

The contract unit price per linear foot and per square foot, respectively, for ASPHALT CONCRETE WEDGE/CONFORM GRINDING, and ASPHALT CONCRETE FULL WIDTH GRINDING shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in grinding asphalt concrete surfacing, and disposing of all excavated material including previously placed pavement reinforcing fabric and

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) organic materials, as shown on the plans, as required by these Specifications, and as directed by the Engineer, complete in place, and no additional payment will be made.

Full compensation for furnishing asphalt concrete material, placement, maintaining, removal and disposal of temporary tapers shall be considered included in the contract price paid per linear foot or per square foot for ASPHALT CONCRETE WEDGE/CONFORM GRINDING, and ASPHALT CONCRETE FULL WIDTH GRINDING, and no separate payment will be made.

The amount paid for ASPHALT CONCRETE WEDGE/CONFORM GRINDING, and ASPHALT CONCRETE FULL WIDTH GRINDING, during the course of this contract may vary from nothing to an amount exceeding the assumed quantities. Final payment will be based on the work actually performed as approved by the City Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities,” of the Standard Specifications.

Payment under this section does not apply to areas not designated on the plans for grinding where the Contractor may choose to use grinding as a method for removal and excavation of existing asphalt concrete and aggregate base material, in which case the work is paid for as PATCH PAVING.
10-1.12 PATCH PAVING

GENERAL
The Contractor shall not schedule any patch paving work on the same day with asphalt concrete grinding or asphalt concrete paving work.

This work shall consist of the removal of existing pavement materials and any underlying material to the depth specified on the Plans, and replacement with compacted asphalt concrete at the locations and to the dimensions shown on the Plans and as directed by the Engineer. There is patch paving being performed on streets due to the intrusion of tree roots into the street travel way which has resulted in heaving of the existing pavement. Therefore, the grinding required to remove existing asphalt and aggregate base in these areas will contain substantial amounts of tree roots. The City reserves the right to add patch paving work at various locations throughout the City as directed by the Engineer.

MATERIALS
Asphalt Concrete
Asphalt concrete shall be Type A, and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the Standard Specifications and these Specifications.

The grade of asphalt binder to be used shall be Performance graded asphalt PG 64-10 conforming to the requirements of Section 92, “Asphalts,” of the Standard Specifications.

Asphalt concrete aggregates for surface courses shall meet the full requirements of Section 39-

2.02 of the Standard Specifications for Type “A” ½” maximum medium grading for all public travel ways. Aggregates for base courses shall meet the requirements for Type “A” ¾” maximum, medium grading. With prior approval by Engineer, the Contractor may be allowed to use Type “A” ¾”maximum, medium grading for the full depth of the patch. The amount of asphalt binder to be mixed with aggregate shall be such that the air void content of the resulting asphalt concrete

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) shall be not less than 3% nor more than 5%. Stabilimeter value as determined by California test method no. 304 shall be 38 minimum.

The thickness of the asphalt shall be as indicated on the plans or as directed by the Engineer.

Asphalt concrete shall be placed in lifts conforming to Section 39-6.01 of the Standard Specifications. The asphalt concrete shall be placed and compacted to ninety five percent (95%) relative compaction and shall meet the elevation of the existing pavement contour. Areas inaccessible to rollers shall be compacted by use of a power compactor of high impact, vibrating plate type, or double drum roller walk behind type, capable of attaining the same compaction as the rolled areas.

The Contractor shall have the option of placing a maximum allowable compacted thickness of

0.40’ for the first asphalt concrete base course with a motor grader (blade) or with a paving machine. The final lift shall be at least two (2) inches and shall be done only with a paving machine.

Paint Binder (Tack Oil)
Paint binder shall be applied in advance of the paving operation to all vertical surfaces of existing pavement, curbs, gutters, structures, and construction joints in the surfacing against which additional material is to be placed; to horizontal surfaces of all asphalt concrete pavement, and between all lifts of asphalt concrete regardless of the time delay between lifts.

Emulsified asphalt for use as a paint binder shall be Mixing Type Emulsion Grade SS-lh. Paint binder shall be provided in sufficient quantity to produce a thin, uniform black, glossy coat of asphalt. The rate of paint binder or fog seal application shall be 0.05 to 0.15 gallons per square yard.

The area to which paint binder or fog seal has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder or seal material onto existing pavement surfaces beyond the limits of construction.

Prime Coat
Prime coat (not tack coat), that allows higher spread rate of emulsion, shall be applied on top of the untreated rocks prior to placing the first lift of asphalt concrete.

Prime coat shall be a slow-setting asphaltic emulsion. The spread rate of prime coat application shall be 0.15 to 0.40 gallons per square yard.

Areas receiving prime coat shall be closed to traffic. Tracking of prime coat onto pavement surfaces beyond the job site shall not be allowed.

Paving Joint and Surface Sealing
All new asphalt concrete paving joints between the patch paving asphalt concrete edges and the existing asphalt concrete pavementshall be sealed with hot-applied Type 1, cold-applied OverKote Crack Filler, or an approved equal crack sealing material which is compatible with the surface sealing material; and sand for moisture seal and appearance.

All asphalt concrete surfaces in patch paving areas, which are not on this year’s slurry seal project, shall be sealed with OverKote by Reed & Graham or an approved equal surface sealing material.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Aggregate base
If material is needed to fill voids, smooth the subgrade, or replace unsuitable material, on-site asphalt concrete grindings and/or aggregate base material salvaged from asphalt concrete grinding operations shall be used as aggregate base. On-site asphalt concrete grinding used as aggregate base shall be free of all deleterious materials, such as pavement reinforcing fabric. All compaction tests shall meet 95% minimum.

Asphalt concrete grindings and/or aggregate base material shall be removed from the grade concurrent with or immediately following the grinding operation and shall be stockpiled for future use. The Contractor shall use methods to handle the grindings to avoid contamination with other undesirable materials and to avoid segregation of the materials. If necessary, the Contractor shall re-mix the salvaged materials from the stockpile prior to using the material to bring the material into conformance with the Specifications.

CONSTRUCTION
Grade Tolerance
The surface of the grading plane at any point shall be within 0.5” of the grade established by the Engineer.

Existing Asphalt Concrete
Track propelled excavation equipment shall not be used on existing asphalt concrete pavement to remain in place.

Patch Paving
Quantities shown for patch paving on the Unit Price Schedule contained in these Specifications are approximate, based on preliminary measurements, and are marked in the field. The approximate number of patches on each street, based on preliminary measurements, is provided to assist in the bidding process. Prior to beginning any patch paving work, the Engineer and the Contractor shall mark out and record the dimensions for each patch at each location. The minimum width and length for any patch shall be 4’. Based on the preliminary measurements, patches will be of varying shapes and sizes. The City reserves the sole right to determine the sizes and shapes of the patches, subject to the 4’ minimum length/width. The horizontal dimensions of each patch shall not vary from the recorded dimensions unless directed by the Engineer. Each patch shall be excavated to the specified depth unless additional depth is directed by the Engineer. The contract pay quantity (cubic yards) for patch paving shall be calculated solely upon the agreed upon recorded dimensions determined prior to excavation. No compensation will be made to the Contractor for any patch paving performed outside the marked limits and/or at greater depths than specified unless any such increases are directed by the Engineer.

Prior to the start of the patch paving operations, the Contractor shall locate all utility lines, manholes, valves, and all like street furniture so that proper precautions may be taken not to damage such improvements. Failure to follow this procedure places upon the Contractor the responsibility for, at his own expense, making any and all repairs for damage resulting from work hereunder. The Contractor shall be responsible for the cost of repairing any facility that is damaged by the grinding machine and no extension of time or additional compensation will be granted due to delays caused by damaged grinding machine.

The Contractor shall remove existing asphalt concrete pavement by saw-cutting with a powerdriven saw or other acceptable means without damaging adjacent surfacing to remain in place.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Damage to pavement that is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be replaced shall be at the Contractor’s sole expense and will not be measured nor paid for. Areas of base material that are low as a result of excavation in excess of the specified depths shall be filled at the Contractor’s expense with compacted hot mix asphalt. If during any of the operations the Contractor damages a monument or manhole or other underground utility facility, the Contractor shall be responsible for the repair of those facilities including, but not limited to, replacing any monuments knocked off center point in accordance with the requirements of the Engineer. The Contractor shall return all facilities to their proper places at his/her sole expense. If an existing monument is damaged or disturbed by the Contractor’s operations, the Contractor shall bear the cost and responsibility for obtaining the services of a registered Surveyor or Civil Engineer to tie out the existing monument, remark, and reset the monument and filing the appropriate Corner Record pursuant to the requirements of State of California and Highway Code Section 8771, and shall provide a copy of all recorded documentation to the City prior to project acceptance.

Existing asphalt concrete surfacing and underlying base material removed during a work day shall be replaced to final grade before the lane is to be opened to public traffic as specified in Section 10-1.04, “Maintaining Traffic/Traffic Control”, of these Specifications. Any unfilled areas left open at the end of the workday will result in liquidated damages of $1,500 per day for each day for each location that is not filled. In addition, the Contractor shall, at his sole expense, cover any open areas with steel traffic plates and place asphalt concrete cutback material around the edges of the plates. The plates shall be spot welded together and pinned in an approved manner to the existing asphalt concrete surfacing.

Tree Roots Under Existing Asphalt Concrete Pavement
The Contractor shall be responsible for providing all the necessary excavation equipment and manual labor to expose all existing tree roots under existing asphalt concrete pavement that is to be removed. Asphalt concrete shall be removed to the specified depths without damaging, severing, or cutting existing roots, unless approved and directed by the City. The City will inspect and approve any root greater than 3-inch diameter and less than 12-inch from the tree trunk prior to root cutting. The Contractor shall remove and dispose all roots.

Unsuitable Material
Where unstable subgrade, as defined in Section 19-2.02, “Unsuitable Material” of the Standard Specifications, is encountered, it shall be excavated and removed to a minimum depth of 12” below the proposed asphalt concrete depth. Prior to backfilling and compacting the resulting space with new aggregate base material or on-site asphalt concrete grindings and/or aggregate base conforming to this section of these Specifications, the Contractor shall install City-provided pavement reinforcing fabric.

After completing the subgrade repair and prior to placing asphalt concrete on subgrade, the Contractor shall provide a loaded water truck to check the stability of the subgrade in the presence of the Engineer. The Engineer may order removal of unstable subgrade and any other material deemed unsuitable for any reason. At the direction of the Engineer any unstable subgrade shall be excavated and backfilled with asphalt concrete. Over excavation must be completed in the presence of the Engineer. Areas ordered to be removed may be varied in size and shape and may be required to be removed at a separate time than when initial subgrade is being made. The variable size and/or timing of unsuitable subgrade removal shall not be grounds for the Contractor to

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) request additional compensation other than that specified in this section of these Specifications.

When ordered by the Engineer, excavation and removal of material unsuitable for subgrade construction will be paid for at the contract unit prices per cubic yard for REPLACE UNSUITABLE MATERIAL, or PATCH PAVING (UNSUITABLE MATERIAL), if such removal can be accomplished using methods and equipment similar to that used by the Contractor for contract roadway excavation. In cases where unsuitable material is ordered removed from areas that require a substantially different method of removal and type of equipment used than that for contract roadway excavation, the Engineer may consider other compensation if the Contractor, prior to performing any such work, requests in writing that the removal and disposal of such unsuitable material be paid for as extra work as provided in Section 4-1.03D, “Extra Work,” of the Standard Specifications. Backfill of the resulting space shall be, at the sole discretion of the Engineer, either (1) asphalt concrete; or (2) aggregate base/asphalt concrete grinding, placed and compacted in accordance with appropriate sections of these Specifications. When placing asphalt concrete as backfill for unsuitable material, payment will be made at the contract unit price per cubic yard for PATCH PAVING (UNSUITABLE MATERIAL). When placing aggregate base/asphalt concrete grinding as backfill for unsuitable material, payment will be made at the contract unit price per cubic yard for REPLACE UNSUITABLE MATERIAL. Placement of material other than asphalt concrete or aggregate base/asphalt concrete grinding as backfill for unsuitable material, as directed by the Engineer, shall be paid for as extra work as provided in Section 4-1.03D, “Extra Work,” of the Standard Specifications.

Disposal of Materials
All excavated materials shall be become the property of the Contractor and be disposed of by the Contractor outside the right-of-way in accordance with the provisions of Section 7-1.13, “Disposal of Material Outside the Highway Right-of-Way,” of the Standard Specifications.

Relative Compaction
The material remaining in place, after removing surfacing and base to the required depth, shall be graded to a plane, watered, and compacted to ninety-five percent (95%) relative compaction if the material is aggregate base or aggregate subbase, and ninety (90%) if the material is native material subgrade. The finished surface of the remaining material shall not extend above the grade established by the Engineer.

EQUIPMENT
The bottom lift(s) of asphalt concrete may be placed by pneumatic-tired motor grader or skip loader conforming to Section 39-5.01 of the Standard Specifications. The top lift of asphalt concrete shall be placed with a paving machine or a spreader box, such as a “Layton Paver” or equivalent for patches greater than six feet in width as approved by the Engineer. The final lift of asphalt concrete for patches less than six feet in width may be placed by hand.

During patch paving operations, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles and a water truck for cleanup work and shall keep the work areas clean and maintained at all times.

COMPENSATION
The contract unit prices paid per cubic yard for PATCH PAVING shall include full compensation for furnishing all labor, materials (including tack oil and asphalt concrete), tools, equipment and

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) incidentals and for doing all the work involved, including but not limited to, traffic controlling, saw-cutting, grinding, exposing and cutting existing tree roots, hauling, disposing of all excavated material including previously placed pavement reinforcing fabric and organic materials, sweeping, furnishing and placing tack coat and prime coat, placing new asphalt concrete materials, asphalt concrete joint and surfacing sealing, complete-in-place, in areas as marked in the field by the Engineer, for any depths, as required by the Specifications, and as directed by the Engineer, and no separate payment will be made.

The contract unit prices paid per cubic yard for REPLACE UNSUITABLE MATERIAL (where the Engineer has order replacement using new aggregate base material or on-site asphalt concrete grindings and/or aggregate base) or for PATCH PAVING (UNSUITABLE MATERIAL) (where the Engineer has ordered replacement using asphalt concrete) shall include full compensation for, furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, including but not limited to excavating, removing and disposing of unsuitable material outside the right-of-way; sweeping; furnishing new materials; backfilling; watering and compacting new subgrade material, complete-in-place, as shown on the plans, as required by the Specifications, and as directed by the Engineer, and no separate payment will be made.

For the purposes of bidding, 100 cubic yards are included on the Unit Price Schedule for REPLACE UNSUITABLE MATERIAL, and PATCH PAVING (UNSUITABLE MATERIAL).

The work under these pay items shall be performed only upon direct authorization from the City Engineer. Daily Extra Work Reports will be required for all work to be performed on this bid item.

The amount paid for PATCH PAVING, REPLACE UNSUITABLE MATERIAL, or PATCH PAVING (UNSUITABLE MATERIAL) during the course of this contract may vary from nothing to an amount exceeding the assumed quantities. Final payment will be based on the work actually performed as approved by the City Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities,” of the Standard Specifications. 10-1.13 TRAFFIC SIGNAL LOOP REPLACEMENT

GENERAL
Traffic signal loops within the project area, except as noted, are indicated on the Plans. Traffic signal loops damaged as a result of grinding at the specified depth shall be replaced by the Contractor at the respective contract unit prices for each type. Traffic signal loops damaged by the Contractor as a result of overgrinding or other operations shall be replaced at the Contractor’s expense and no additional compensation will be allowed.

The Contractor shall make arrangements to replace damaged loops detectors within seven (7) calendar days of their being damaged or removed. The Contractor shall be penalized $2,500 per day for each day the Contractor fails to replace a damaged loop beyond the seven-day period.

The Contractor shall install new traffic signal detector handholes as shown on the Plans, or as directed by the Engineer. Also, any existing traffic signal detector handhole damaged due to the Contractor's operations shall be replaced at the Contractor’s sole expense to the satisfaction of the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The traffic signal loops included in the project scope are as follows: 1) 1 – Type D and 3 – Type E on eastbound Clark Avenue.

CONSTRUCTION
All traffic signal loop installations as shown on the Plans, or as directed by the Engineers shall be placed new, tested and approved by the City prior to placement of the final lift. A penalty of $1,500 per loop will be assessed for any detector loop installed after the final lift of new paving.

It shall be the contractor’s responsibility to identify and label as needed all detector lead-in cables prior to the pavement grinding operation in order to properly connect new loop detector wires to the existing or new detector lead-in cables.

All pull boxes shall be inspected and approved prior to pulling any conductors. The ends of all unused cables shall be sealed. The ends of all cables shall be sealed prior to being installed into the conduits.

The Contractor shall verify the size and percent fill of all stub outs. For all undersized, damaged, or missing stub outs, the Contractor shall install new.

Saw Cutting
The Contractor shall prevent any saw cutting debris from entering the storm drain system. It is recommended that dry cutting techniques or a saw cutter that vacuums cutting water and debris be used. If wet methods are used, the Contractor shall comply with the following guidelines:

1. During saw cutting, the Contractor shall cover or barricade storm water inlets using control measures such as filter fabric, straw bales, sand bags, sand dams, or other approved methods, to keep saw cutting slurry out of the storm drain system. The bermed area shall be of adequate size to collect all waste water and solids. When protecting a storm water inlet, the Contractor shall ensure that the entire opening is covered or barricaded.

2. Saw cutting slurry shall not be permitted to flow across shoulders or lanes occupied by public traffic, and shall be removed from pavement surface immediately.

3. The Contractor shall shovel, absorb, vacuum, or otherwise pick up saw cutting slurry prior to the end of the work day.

4. If saw cut slurry enters the storm drain system, the Contractor shall immediately notify the City of the illicit discharge. Any saw cut slurry entering the storm drain system shall be removed immediately by the Contractor.

Inductive loop detectors shall conform to the provisions in Section 86-5, “Detectors,” of the Standard Specifications and these Specifications. Loop detectors shall be Type A, B, C or E, as indicated on the plans, per ES-5B of the most current Standard Plans or as directed by the Engineer.

Loop wire shall be Type 2. Lead-in cable shall be Type B. All loop conductor connections shall be soldered. Loop detector conductors from individual loops shall be tagged in the pull box nearest to the loop. Detector lead-in cables shall be tagged at the terminal board in the controller cabinet.

Loop detector lead in cable shall be run continuously without splices from the detector termination pull box to the field terminals in the controller cabinet. At least three (3) feet of slack shall be provided for each conductor in pull boxes.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Identification shall be by T&B Ty-Rap Cable Ties; No. TY553M, or approved equal, fastened to the conductors in such a manner that they will not move along the conductors. The flags on the Ty-Rap shall be legibly marked with a Ty-Rap marking pen No. WT 163 M-1 (Black), or approved equal. All phase conductors and detector cables shall be labeled by phase designators in the pull boxes nearest their termination, and in the controller cabinet. Phase conductors shall be labeled with phase designation. Detector cables (street and sign) shall be labeled as appropriate. Spare conductors need not be labeled.

Splice insulation shall use insulation method “B” per the detail shown in ES-13A of the most current version of the Standard Plans. No splices are permitted in detector lead-in cables.

The ends of the tubing shall be sealed watertight at the same time the wire is placed in the slots.

Loop detectors shall consist of four (4) turns of conductor unless specified otherwise on the plans and except for Type “D” loops, which shall consist of five (5) turns of conductor.

The Engineer will verify all loop and home run locations as marked in the field by the Contractor prior to the Contractor cutting the loops or home runs.

The Contractor shall install all loops per the State Standard Plans or as otherwise specified on the plans. Loops shall be centered within traffic lanes unless otherwise specified. If any iron (manhole, valve, monument, etc.) is located within two (2) feet of the planned location for home runs, the Contractor shall contact the Engineer for an alternate location for the detector loop or home run prior to cutting any of the loops or home runs in the affected lane(s). The sealant for filling slots shall be Hot-Melt Rubberized Asphalt in conformance with Section 86-5.01 A (5) “Installation Details” of the State Standard Specifications.

If any part of the loop conductor, including the portion leading to the adjacent pull box, is damaged by the Contractor's operations, the entire series of detector loops shall be replaced at the Contractor’s expense. If any adjacent loop is damaged during such replacement, that loop shall also be replaced within five (5) calendar days.

The detector loops shall be tested for continuity and for insulation resistance (“resistance to ground”) by the Contractor in the adjacent pull box prior to connecting the detector lead-in cables.

All loop detectors shall be megged by the Contractor, in the presence of the Engineer, with an allowable minimum reading of 100 mega-ohms. Any loop detector not meeting the minimum reading shall be replaced at the Contractor’s expense and no additional compensation will be allowed.

Loop Testing and Acceptance – The Contractor shall test all individual loops and DLC for continuity, sensitivity and insulation resistance (“resistance to ground”). The Contractor shall test loop sensitivity with either an approved lightweight motorcycle or an Engineer-approved wind wand. The Contractor shall contact the Engineer to reset the loop detector amplifier and test before acceptance.

Traffic signal detector handholes shall conform to the details shown in the 2006 State Standard Plan ES-5D. All traffic signal detector handholes installed shall be Type A, Christy G5 DETECTOR Traffic Valve Box frame and cover.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

COMPENSATION
The listed bid quantities in the Unit Price Schedule associated with traffic signal loop replacement represent the anticipated number of loop replacement within the project limits. The Contractor shall replace only those loops damaged by grinding operations or other work activities as directed by the Engineer. Loops damaged as a result of pavement grinding at the specified depth shall be replaced by the Contractor at the contract unit price for the respective loop type as indicated below.

Loops or detector handholes damaged by the Contractor as a result of overgrinding (beyond the specified depth), jackhammering, or other activities shall be replaced by the Contractor and no additional compensation will be made. The final quantities for all loop replacements listed may vary from zero (0) to an amount exceeding the assumed quantities. No adjustment will made to the unit price for any of the above items regardless of any decrease or increase in the contract quantities.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in traffic control, installing traffic signal loops including new loops with sealant, exposing existing conduit, installing field wires into existing pull boxes, connecting to existing detector loop cables, and patching existing asphalt concrete, will be made at the contract unit price per each for TRAFFIC SIGNAL LOOP TYPE D and TRAFFIC SIGNAL LOOP TYPE E complete in place and fully operational.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in traffic control, installing new traffic signal detector handholes, and adjusting handholes to finished grade, will be made at the contract unit price per each for INSTALL & ADJUST TRAFFIC DETECTOR HANDHOLE COVER, complete in place, in conformance with these Specifications and as directed by the Engineer.

Final payment will be based on the work actually performed as approved by the Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities”, of the Standard Specifications or to the last paragraph of Section 5-1.10, “Changed Conditions” of these Specifications
10-1.14 (BLANK)
10-1.15 ASPHALT CONCRETE

GENERAL
Asphalt concrete shall be Type A, and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the Standard Specifications and these Specifications.

The Contractor shall not schedule any asphalt concrete paving work on the same day with asphalt concrete grinding work or patch paving work.

The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles before and after paving operations.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

MATERIALS
The grade of asphalt binder to be used shall be Performance graded asphalt PG 64-10 and steamrefined paving asphalt conforming to the requirements of Section 92, “Asphalts,” of the Standard Specifications.

Only materials conforming to the Specifications shall be incorporated in the work. The materials shall be manufactured, handled and used in a workmanlike manner. The use of Recycled Asphalt Products (RAP) will be permitted. See Section 10-1.16 titled “Reclaimed Asphalt Pavement (RAP).”
The Contractor shall furnish the Engineer, at least ten (10) working days prior to the start of work, a list of his/her sources of materials together with a Certification of Compliance, indicating that materials to be incorporated in the work fulfill the requirements of these Specifications and a mix design for the asphalt concrete. The Certification of Compliance shall be signed by the material supplier or his/her representative. It is the intent of these Specifications that materials to be incorporated in the work must meet the requirements of these Specifications after incorporation in the paved areas shown on the Plans.

Mix Design
The mix design shall indicate the percentage passing for each specified sieve size and the percent asphalt to be used for each asphalt concrete mixture to be incorporated on the project. The mix design, with allowable tolerance for a single test, shall be used for job control.

The Engineer shall have the right to obtain samples of all materials to be used in the work and to test such samples for the purpose of determining specifications compliance. The Engineer reserves the right to obtain said samples at the point of delivery and/or at the point of manufacture. The Engineer shall also have the right to inspect sources of materials to be used in the work to determine workmanlike procedures used by the materials supplied.

Aggregate
For public street paving, aggregate for final course shall meet the full requirements of Section 39-

2.02 of the Standard Specifications for Type “A” ½” maximum medium grading. Aggregate for base courses shall meet the requirements for Type “A” ½” maximum, medium grading. The amount of asphalt binder to be mixed with aggregate shall be such that the air void content of the resulting asphalt concrete shall be not less than 3% nor more than 5%. Stabilimeter value as determined by California Test Method No. 304 shall be 38 minimum.

After compaction, the final course layer thickness shall be 2-inch minimum and 3-inch maximum.

Paint Binder (Tack Oil)
Paint binder shall be applied in advance of the paving operation to all vertical surfaces of existing pavement, curbs, gutters, structures, and construction joints in the surfacing against which additional material is to be placed; to horizontal surfaces of all asphalt concrete pavement, and base materials surfaces to be surfaced; and between all lifts of asphalt concrete regardless of the time delay between lifts.

Emulsified asphalt for use as a paint binder shall be Mixing Type Emulsion Grade SS-lh. Paint binder shall be provided in sufficient quantity to produce a thin, uniform black, glossy coat of asphalt. The rate of paint binder or fog seal application shall be 0.02 to 0.10 gallons per square

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) yard.

The area to which paint binder or fog seal has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder or seal material onto existing pavement surfaces beyond the limits of construction.

Prime Coat
Prime coat (not tack coat), that allows higher spread rate of emulsion, shall be applied on top of the untreated rocks prior to placing the first lift of asphalt concrete.

Prime coat shall be a slow-setting asphaltic emulsion. The spread rate of prime coat application shall be 0.15 to 0.40 gallons per square yard.

Areas receiving prime coat shall be closed to traffic. Tracking of prime coat onto pavement surfaces beyond the job site shall not be allowed.

Paving Joint and Surface Sealing
All new asphalt concrete paving joints between the patch paving asphalt concrete edges and the existing asphalt concrete pavementshall be sealed with hot-applied Type 1, cold-applied OverKote Crack Filler, or an approved equal crack sealing material which is compatible with the surface sealing material; and sand for moisture seal and appearance.

All asphalt concrete surfaces around newly raised to finished grade structures shall be sealed with OverKote by Reed & Graham or an approved equal surface sealing material.

SPREADING
In addition to the requirements in Section 39-5.01, “Spreading Equipment,” of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices.

Placement of asphalt concrete pavement shall not commence on any street prior to the completion of asphalt concrete grinding operations.

When placing asphalt concrete to established lines and grades, the automatic controls shall control the longitudinal grade and the transverse slope of the screed. Grade and slope references shall be furnished, installed and maintained by the Contractor.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the centerline shall be controlled by a sensor activated by a ski device not less than 30 feet long.

The end of the screed farthest from centerline shall be controlled by an automatic transverse slope device set to reproduce the cross slope designated by the Engineer.

When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and shall reproduce the grade in the new mat within a 0.01-foot tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Section 39-6.03, “Compacting,” of the Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

Should the automatic screed controls fails to operate properly during any day’s work, the Contractor may use manual control of the spreading equipment for the remainder of that day.

However, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting another day’s work.

Paving operation pass widths shall be established such that longitudinal joints correspond with the travel lane edges. Longitudinal joints shall not be placed in wheel tracks.

Leveling Course
A leveling course, using the paver in a separate operation, may be required to fill and level low spots, ruts and irregularities in the existing asphalt concrete surface after grinding. The limits of the leveling course shall be determined and agreed upon by the Contractor and Engineer prior to placement. The Contractor shall install the leveling course to fill low areas to the bottom of the design overlay grade or as directed in the field by the Engineer.

COMPACTION
The first, second, third and fourth paragraphs in Section 39-5.02, “Compacting Equipment,” of the Standard Specifications are amended to read:

For each asphalt paver the Contractor shall furnish a minimum of one steel-tired roller weighing not less than 12 tons, one vibratory steel-tired roller weighing not less than 8 tons, and one pneumatic-tired roller or vibratory steel-tired roller weighing not less than 8 tons. The Contractor shall furnish a sufficient number of rollers to obtain the compaction and surface finish required in these Specifications. Vibratory rollers shall be double steel drum and have adjustable frequency and amplitude settings directly available to the operator during operation. The roller shall be equipped with self-reversing eccentrics. The vibratory mode shall automatically shut off when machine direction is changed. Each roller shall have a separate operator. All rolling equipment shall be self-propelled and reversible. The minimum number, weight and type of rollers required may be reduced or modified in accordance with the provisions of Section 39-6.03, “Compacting,” for low rates of production or when alternative equipment is approved by the Engineer. Rollers shall be equipped with pads and water systems that prevent sticking of asphalt mixtures to the pneumatic-tired or steel tired wheels. A parting agent that will not damage the asphalt mixture may be used.

Unless lower temperatures are directed by the Engineer, all mixtures shall be spread at a temperature of 270°F minimum and 300°F maximum. No asphalt concrete is to be placed when the atmospheric temperature is below 50 °F. Initial rolling shall be performed immediately after placement. The first coverage of initial compaction shall be performed when temperature of the mixture is not less than 250°F and the final compaction shall be completed before the temperature of the mixture drops below 200°F. The initial compaction shall be followed by additional rolling.

Rolling shall be performed so that cracking, shaving, or displacement shall be avoided. The completed surface shall be thoroughly compacted smooth, and free from ruts, depressions, or irregularities. Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means as determined by the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Asphalt concrete shall be compacted to an average relative density of 94% of the maximum theoretical density (ASTM D- 2041) prior to the mat cooling below 250°F. Tests will be run at random locations immediately following compaction and prior to finish rolling. The results will be immediately available to the Contractor. No single test shall be less than 92%. Compaction of the mix will be determined by use of a nuclear density gauge.

The maximum theoretical density will be determined from the approved asphalt concrete submittal or from a pre-qualified sample of the asphalt concrete proposed for use by the Contractor in conformance with these Specifications.

Any area which has an individual test result less than 92% of maximum theoretical density shall be reworked while the mat is above 250°F until the area is compacted to a density of 94% of maximum theoretical density.

If the test results for a quantity of asphalt concrete indicate that the relative compaction is below 94%, the Contractor will be notified. Asphalt concrete spreading operations shall not continue until the Contractor has notified the City of the adjustment that will be made in order to meet the specified relative compaction.

If the test results for a quantity of asphalt concrete indicate that the relative compaction is less than 94%, the asphalt concrete represented by that quantity shall be removed, except as otherwise provided in these Special Provisions. If requested by the Contractor and approved by the Engineer, asphalt concrete with a relative compaction less than 94% but greater than or equal to 91% may remain in place with a remedy. In addition, the Contractor shall pay to the City the amount of reduced compensation for the quantity of asphalt concrete with relative compaction less than 94% and greater than or equal to 91%. The City will deduct the amount of reduced compensation from moneys due, or that may become due to the Contractor under the contract. Remedy for low compaction (91% or greater) is an application of a surface seal including slurry seal, microsurfacing, or other treatments approved by the City.

The amount of reduced compensation the Contractor shall pay to the City will be calculated as the total tons of asphalt concrete with relative compaction less than 94% and greater than or equal to 91% multiplied by the contract price per ton for asphalt concrete, and multiplied by the following compensation factors:

Relative Compaction
(Percent)
Reduced
Compensation Factor
Relative Compaction
(Percent)
Reduced
Compensation Factor

94.0 0.000 92.4 0.062

93.9 0.002 92.3 0.068

93.8 0.004 92.2 0.075

93.7 0.006 92.1 0.082

93.6 0.009 92.0 0.090

93.5 0.012 92.9 0.098

93.4 0.015 92.8 0.108

93.3 0.018 91.7 0.118

93.2 0.022 91.6 0.129

93.1 0.026 91.5 0.142

93.0 0.030 91.4 0.157

92.9 0.034 91.3 0.175

92.8 0.039 91.2 0.196

92.7 0.044 91.1 0.225

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

92.6 0.050 91.0 0.300

92.5 0.056
Prior to the daily closure of the asphalt concrete plant, the Engineer shall be notified to verify that an acceptable quality of asphalt concrete tonnage is being ordered to complete the paving to the agreed cut off point for the day.

Finish rolling shall be started after the pavement has cooled sufficiently to permit removal of the roller marks, and shall be continued as necessary to produce a pavement free of indentations.

Asphalt shall be raked by qualified persons to have a smooth transition to asphalt mat from existing roadway.

Asphalt placed adjacent to any gutter designed to carry water shall be ¼” maximum above the gutter lip and be raked (feathered) to a smooth transition to the asphalt mat. All completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. When a 12 feet long straightedge is laid on the finished surface and parallel with the center line, the surface shall not vary more than 0.01-foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.02-foot are present when tested with a 12-foot long straightedge laid on the finished surface and in a direction transverse to the center line and extending from edge to edge of a traffic lane. All paving work shall be water tested for uniformity before final acceptance.

The Contractor shall repair, seal, or remove and replace any coarse (lack of fines), raveling, or any asphalt concrete surface not complying with these Specifications to the satisfaction of the Engineer and at no additional cost to the City.

Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until compaction has been completed.

COMPENSATION
The contract unit price per ton for ASPHALT CONCRETE shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, but not limited to furnishing and placing a full depth course of, including asphalt concrete ramping on edges that are more than 1½-inch high, complete in place as shown on the Plans, as required by the Specifications, and as directed by the Engineer.

Full compensation for furnishing paint binder, tack coat, prime coat, and fog seal will be considered as included in the contract unit price per ton of ASPHALT CONCRETE and no separate payment will be made.

The contract unit price paid per ton for LEVELING COURSE shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in furnishing and placing a leveling course, as required by the Specifications, and as directed by the Engineer, and no separate payment will be made.

For the purposes of bidding, 100 tons are included on the Unit Price Schedule for LEVELING COURSE. The work under these pay items shall be performed only upon direct authorization from the Engineer. Daily Extra Work Reports will be required for all work to be performed on this bid item.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The amount paid for ASPHALT CONCRETE and LEVELING COURSE during the course of this contract may vary from nothing to an amount exceeding the assumed quantities. Final payment will be based on the work actually performed as approved by the Engineer and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities,” of the Standard Specifications.
10-1.16 RECLAIMED ASPHALT PAVEMENT (RAP)
The Contractor may produce Type A asphalt concrete using Reclaimed Asphalt Pavement (RAP).

Asphalt concrete produced using RAP shall conform to the provisions for asphalt concrete in these Specifications and the 2025 Edition of the Caltrans Standard Specifications. The Contractor may substitute RAP for a portion of the virgin aggregate in asphalt concrete in an amount not exceeding 25 percent of the asphalt concrete dry aggregate mass and asphalt binder.

RAP Adjustments
For RAP substitution of greater than 15 percent and not exceeding 25 percent, the grade of the asphalt binder grade shall be adjusted to conform to the requirements of Section 39-2.02B(2), “Type A Hot Mix Asphalt Mix Design,” of the 2025 Caltrans Standard Specifications. 10-1.17 CONFORMING TO EXISTING IMPROVEMENTS

GENERAL
The Contractor shall conform to existing sidewalks, utility structures, curbs, gutters, driveways, and other improvements in conformance with the appropriate sections of these Specifications, and to the satisfaction of the City.

Existing improvements along existing City streets damaged by the Contractor’s operations, including but not limited to asphalt pavement, speed bumps, concrete curb, gutter, sidewalk, utility structures, other concrete surface structures, walkways, trees, lawns and other landscaping, fences, gates, driveways, walls and mail boxes shall be replaced in kind by the Contractor to the satisfaction of the Engineer and at no cost to the City.

At the conclusion of the work and as part of final cleanup, all areas between the curb and gutter and right-of-way line, and any areas behind the right-of-way line disturbed by the Contractor as part of this work shall be graded smooth, cleaned of clods and debris, and otherwise restored.

Existing lawn areas disturbed by the construction shall be replaced (re-sodded) in kind to the property owner’s satisfaction by the Contractor at no cost to the City. Irrigation damaged by the Contractor as part of this work shall be repaired or replaced in kind to the property owner’s satisfaction by the Contractor at no cost to the City.

COMPENSATION
Full compensation for conforming to the requirements of this section of these Specifications and as directed by the City shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 10-1.18 TEMPORARY PAVEMENT DELINEATION

GENERAL
Temporary pavement delineation shall be furnished, placed, maintained, relocated, and removed in accordance with the provisions in Section 12-3, “Traffic Handling Equipment and Devices,” of the Standard Specifications and these Specifications. Nothing in these Specifications shall be construed as to reduce the minimum standards specified in the current California Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) or as relieving the Contractor from his responsibility as provided in Section 7-1.09, Public Safety, of the Standard Specifications.

Limit line, lane line or centerline pavement delineation shall be provided at all times for travel lanes open to public traffic. Whenever the work causes obliteration of pavement, temporary pavement delineation or permanent traffic stripes shall be in place prior to opening the traveled way to public traffic.

The Contractor shall provide, place, and maintain temporary traffic markers “floppies” to delineate the center (yellow) and lane lines, stop bars and crosswalks on all streets at all times for travel lanes open to public traffic, or as directed by the Engineer.

The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation as determined by the Engineer.

Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at his/her expense.

When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe, “floppies”, pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation shall be removed and disposed of in accordance with the provisions of Section 7 -1.13, “Disposal of Materials Outside the Highway Right-of -way,” of the Standard Specifications.

COMPENSATION
Full compensation for furnishing, placing, maintaining, replacing (regardless of the number of times it is required) and removing temporary traffic stripes and markings, painted traffic stripes and markings used in lieu of the temporary traffic stripes and markings, and temporary pavement markers as directed by the City will be considered as included in the various contract items requiring TRAFFIC CONTROL and no separate payment will be made. 10-1.19 (BLANK)
10-1.20 PAVEMENT MARKERS, TRAFFIC STRIPING, AND LEGENDS

GENERAL
All traffic striping, pavement markings covered by or removed prior to or by the asphalt concrete overlay, or otherwise damaged or dirtied by the Contractor’s operation shall be replaced in kind or

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) as shown on the plans and according to these Specifications.

Pavement markers shall conform to the provisions in Section 85, “Pavement Markers,” of the Standard Specifications, the current California MUTCD, and these Specifications. All nonreflective pavement markers shall be ceramic. Plastic pavement markers shall not be allowed.

Traffic stripes and pavement markings shall conform to the provisions in Sections 84, “Traffic Stripes and Pavement Markings,” of the Standard Specifications, the current California MUTCD, and these Specifications. Thermoplastic material shall conform to the Standard Specifications PTH-02HYDRO or PTH-02ALKYD. Glass beads to be applied to the surface of the molten thermoplastic material shall conform to the requirements of State Specification 8010-004 (Type II).

Blue Raised Retroreflective Pavement Markers at fire hydrants locations shall be installed conforming to the provisions of the current California MUTCD Section 3B.11, “Raised Pavement Markers” and Figure 3B-102 or as directed by the Engineer.

All traffic stripes and pavement markings shall be thermoplastic unless otherwise indicated on the plans or directed by the Engineer, and pavement marking lettering shall be eight (8) feet conforming to the provisions in Sections 84-1, “General” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings” of the Standard Specifications, the current California MUTCD, and these Specifications.

Approximate locations of all traffic stripes and pavement markings are shown on the Plans. Prior to replacement, the Contractor shall perform “cat tracking” or other suitable means and all the work necessary (including layout work) to install satisfactory lines for traffic stripes for review and approval by the Engineer. “Cat-tracking” shall be a dribble line consisting of marking the pavement with a thin line of paint using an approved motorized device for this purpose, or by using a rope and hand painting the lines. All lines shall be straight between control points on tangent alignments and with a true arc through control points on curved alignment. Paint used shall be white or yellow to match the traffic stripe it represents. Change of stripe and start of stripe markings shall be made with spray paint adjacent to the “cat-tracked” line and readable from the direction of traffic.

No permanent traffic delineation shall be performed until the City has approved the layout. It is the responsibility of the Contractor to replace all traffic striping as per existing geometries except where modified by the Engineer or as shown on the Plans. Any striping and/or markings installed by the Contractor that the Engineer has not pre-approved, and that the Engineer determines are installed improperly or in the wrong locations, shall be removed and replaced to the satisfaction of the Engineer at the Contractor’s sole expense.

Pavement delineation removal shall be coordinated with new delineation so that lane lines are provided at all times on traveled ways open to public traffic. Before the removal of any pavement delineation that is to be replaced on the same alignment and location, as determined by the Engineer, such pavement delineation shall be referenced by the Contractor with a sufficient number of control points to re-establish the alignment and location of the new pavement delineation. The references shall also include the limits or changes in striping pattern, limit lines, crosswalks, and other pavement markings.

All Traffic Striping and Pavement Markings within the project limits shall be replaced by the Contractor as they existed prior to construction, or as shown on the plans, or as directed by the Engineer.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) At the Contractor’s expense, the Contractor shall be responsible for restriping or replacing the existing traffic stripes, pavement markings or markers to remain that are not in the work area but are damaged or dirtied during construction by the Contractor’s operation. The Contractor shall replace them at the same location and alignment, with the same material, and with the same color as existed before the construction work began, to the Engineer’s approval.

The Contractor shall refresh existing crosswalks/limit lines and traffic striping shown on the Plans/Specifications to be replaced in kind outside the limits of asphalt concrete overlay. All refreshed crosswalks/limit lines and traffic striping shall be thermoplastic and shall be placed directly over existing markings/striping, according to the plans, or as directed by the Engineer.

The Contractor shall lightly grind all existing markings/striping to be refreshed in preparation for new thermoplastic application. Cost for preparation (grinding) of existing markings/striping shall be included in the unit price of striping, and no additional payment will be made.

Application of permanent traffic delineation shall commence no earlier than the seventh (7th) calendar day and no later than the fourteenth (14th) calendar day after the finished paving surface has been placed on the street.

COMPENSATION
Traffic stripe details will be measured and paid for by the linear foot along the line of the traffic stripe detail without deductions for gaps for broken traffic stripes or additions for multiple stripes and raised pavement markers as shown in the current California MUTCD. Gaps in traffic stripes through intersections will not be paid for.

The contract unit prices per linear foot for pay items 13-17 on the Unit Price Schedule; the contract unit prices per each for pay items 18-19 on the Unit Price Schedule and BLUE RETROREFLECTIVE PAVEMENT MARKER at all fire hydrants shall include full compensation for furnishing all materials, equipment, tools, supervision, labor, incidentals, and for doing all the work involved including, but to not limited to traffic controlling, removing existing stripes, laying out traffic stripes (including all thermoplastic or painted stripes, and/or raised pavement markers), any necessary cat-tracks, dribble lines and layout work, cleaning surfaces to receive striping and markers, for applying striping and installing pavement markers, applying pavement markings and legend, and conforming to the current California Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), complete in place, and as directed by the Engineer, and will not be subject to the provisions of Section 4-1.03B, “Increased or Decreased Quantities”, of the Standard Specifications. 10-1.21 WATER POLLUTION CONTROL

GENERAL
The intent of these requirements is to enforce Federal, State and City regulations that prohibit storm water pollution at construction sites. These regulations include the Municipal Regional Stormwater Permit (MRP2.0), NPDES Permit No. CAS612008 issued to the City of Newark by the California Regional Water Quality Control Board - San Francisco Bay Region (Order R2-2015-0049). Storm drains discharge directly to creeks and the Bay without treatment, and therefore, discharge of pollutants (i.e., any substance, material, or waste other than uncontaminated storm water) into the storm drain system is strictly prohibited. In this section, the term “storm drain system” shall include storm water conduits, storm drain inlets, other storm drain

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) structures, street gutters, channels, watercourses, creeks, lakes and the San Francisco Bay.

For the purpose of eliminating storm water pollution, the Contractor shall implement effective control measures at construction sites, known as Best Management Practices (BMPs), in the following categories: Erosion Control, Run-on and Run-off Control, Sediment Control, Active Treatment Systems (as necessary), Good Site Management, and Non Stormwater Management.

BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent the discharge of pollutants directly or indirectly to the storm drain system. BMPs also include the construction of some facilities which may be required to prevent, control, and abate storm water pollution. Pursuant to the Provision C.6 of MRP, the Contractor shall implement applicable BMPs from the California Storm Water Quality Association’s (CASQA) Stormwater Best Management Practices Handbook for Construction.

MATERIAL STORAGE
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:

All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material.

During wet weather or when rain is forecast, the Contractor shall store materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.

The Contractor shall not store materials directly on the pavement. The Contractor shall provide toe boards, plastic tarps, drop clothes or an approved equal product to protect the pavement prior to material placement.

The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, oil, and fuels, must meet all federal, state, and local standards and requirements.

DE-WATERING OPERATIONS
All groundwater removed from trenches must be desilted prior to discharging it into the storm drain system through filtering materials and methods meeting the Association of Bay Area Governments (ABAG) Standards For Erosion & Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition).

The Contractor shall reuse the water for other needs, such as dust control and irrigation, to the maximum extent practical.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

PAVEMENT SAWCUTTING OPERATIONS
The Contractor shall prevent any saw-cutting debris from entering the storm drain system. The Contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all waste water by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all waste water and solids. The Contractor shall allow collected water to evaporate if the waste water volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Engineer, the Contractor may direct or pump saw-cutting waste water to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the waste water. After waste water has infiltrated, all remaining sawcutting residue must be removed and disposed of properly. With the approval of Union Sanitary District (USD) and the Engineer, de-silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the approval of the Engineer, the Contractor shall filter the saw-cutting waste water through filtering materials and methods meeting ABAG Standards For Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain.

PAVEMENT OPERATIONS
The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
• No paving during wet weather
• Store materials as required under “Material Storage”. • Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
• Place drip pans or absorbent materials under paving equipment when not in use. During wet weather store contaminated paving equipment indoors or cover with tarp or other waterproof covering.
• Sweep site daily to prevent sand, gravel or excess asphalt from entering or being transported by rain into the storm drain system.
• Keep ample supplies of drip pans or absorbent materials on-site.

CONCRETE OPERATIONS
The Contractor shall prevent the discharge of pollutants from concrete operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
• Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) • Avoid mixing excess amounts of Portland cement materials. • Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc.

Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system. For on-site washout:
- Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Do not allow runoff from this area by constructing a temporary pit or bermed area large enough for the liquid and solid waste. - Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible.

Otherwise, allow water to settle, filter it, and then pump to the sanitary sewer with approval from USD and the Engineer. Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly. • Dispose of waste water from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the waste water, and once the waste water has infiltrated, any remaining residue must be removed. If a suitable dirt area is not available, then the Contractor shall filter the wash water through straw bales or other filtering materials meeting ABAG Standards For Erosion And Sediment Control Measures before discharging to the sanitary sewer with approval from USD and the Engineer. • Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of • the waste in trash container.

GRADING AND EXCAVATION OPERATIONS
The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.

The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards For Erosion And Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook Construction Activity (latest edition).

As a minimum, the Contractor shall install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet(s) located in and downstream of the project site between October 1 through April 15 and when rain is forecast within 24 hours. The Contractor shall install filter materials or seal all surface inlet openings during the dry season if there is potential for sediment or excavated material to be discharged to the storm drain system during the construction operation (e.g., sediments and debris tracked by construction vehicles, wind-blown or transported by other runoff).

The storm drain inlets shall be sealed in such a manner that they can be opened in an emergency and unblocked at the end of each working day so that no property is damaged as a result of accidents or other overflows.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Sedimentation and erosion control/filter materials shall be placed in a manner that will retain any debris or sediment from flowing into the storm drain system. Said materials or control devices shall also be maintained and/or replaced as necessary to ensure effective sediment control and prevent flooding.

SPILL PREVENTION AND CONTROL
The Contractor shall take any and all precautions to prevent accidental spills during the work under this contract. However, in the event of a spill:
• The Contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and clean up materials.

If waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.
• The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.
• The Contractor shall report any hazardous materials spill immediately to the Newark Fire Department, and other state and county agencies as required by state and local regulations.

VEHICLE/EQUIPMENT CLEANING
The Contractor shall not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods. The Contractor shall perform vehicle or equipment cleaning with water only in a designated, bermed area that will not allow rinse water to run off-site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of USD and the Engineer.

The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer.

If using oil based paint, to the maximum extent practicable, the Contractor shall filter the paint thinner and solvents for reuse and dispose of the waste thinner, solvent, and sludge from cleaning of equipment and tools as hazardous waste.

CONTRACTOR TRAINING AND AWARENESS
The Contractor shall train all employees on the water pollution prevention requirements contained in these Specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

GOOD HOUSEKEEPING PRACTICES
The Contractor shall implement the following applicable good housekeeping practices:
• Store materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed water proof containers.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) • Use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.
• Secure opened bags of cement, and of other light or powdered materials which can be transported by wind.
• Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. All wastes shall be stored in covered containers or disposed of or recycled immediately. • Dispose of wash water to the sanitary sewer with the approval of USD and the Engineer or recycle wash water.
• Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made. • Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. • Train employees regularly on good housekeeping practices and BMPs. Assign responsibility to specific employees on BMPs, good housekeeping practices, and what to do in the event of a spill.
• Maintain and replace all sediment and water pollution control devices as necessary to ensure that controls are working effectively (e.g., inspect all sediment ponds or sandbag sedimentation filtering systems after each rain.) Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.

ENFORCEMENT
The City has the authority, through various sections of the Newark Municipal Code and its Enforcement Response Plan (ERP), to enforce any portion of this section. City enforcement may include, but is not limited to, citations, orders to abate, bills for City cleanup costs and administration, civil suits, and criminal charges. Enforcement action by the City does not void or suspend any enforcement actions by other agencies. As a minimum, the Contractor shall implement the Urban Runoff Clean Water Program BMPs, or implement equally effective alternatives approved by the Engineer on all projects within the City of Newark.

COMPENSATION
Full compensation for conforming to the requirements of this section of these Specifications shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 10-1.22 CONSTRUCTION AND DEMOLITION DEBRIS MANAGEMENT

GENERAL
The City of Newark requires reuse, recycling, and proper disposal of construction and demolition debris to meet the requirements of the City’s Green Building and Construction Debris Ordinance.

The ordinance requires that all construction projects whose total costs are greater than $100,000, or structure demolition projects whose total costs are greater than $20,000, or pavement demolition projects involving over 1,000 square feet of removed pavement, shall recycle debris generated from such projects. The Contractor shall reuse or recycle 100% of all asphalt concrete and concrete, and at least 50% of all remaining project debris.

The Contractor shall complete and submit the estimated amount “Waste Management Plan” (WMP) form prior to the commencement of construction and must be approved by the Engineer prior to any construction activities.

The Contractor shall complete and submit the actual amount WMP form within 30 calendar days of 100% completion of the work. Final payment will not be issued until the document is approved.

The final WMP shall include:
• Receipt, weigh tags or other acceptable documentation from recycling facilities that clearly indicate the performance requirement was met
• The City of origin listed as Newark
• The type and weight of material recycled or reused
• The weight of material landfilled (garbage)
The Contractor shall dispose debris in a safe and acceptable manner. Burying of trash and debris on the site is not permitted.

Republic Services is the only approved debris box hauler authorized to haul construction and demolition debris from Newark. For any debris box service, the Contractor must subscribe to Republic Services for all materials.

Alternately, the Contractor may self-haul construction and demolition debris to a recycling facility, with some restrictions. It is illegal to subcontract with a third party to haul garbage. The Contractor may self-haul construction debris off site, if all these conditions are met:
- The Contractor shall provide a construction or demolition service on site and the debris removal is an incidental part of the work performed; and - The Contractor shall use his/her own employees, company vehicles and equipment; and
- The Contractor shall deliver the construction debris to a recycling facility. A list of recyclers can be found at www.stopwaste.org
- All Contractors and subcontractors must be licensed to do business in Newark.

COMPENSATION
Full compensation for conforming to the requirements of this section of these Specifications shall be considered as included in the prices paid for the various contract items of work and no separate compensation will be made.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) 10-1.23 FINAL CLEANUP

GENERAL
The Contractor shall make his final cleanup in conformance with Section 4-1.02, “Final Cleaning Up,” of the Standard Specifications.

COMPENSATION
Full compensation for final cleanup will be considered as included in those various contract items requiring final cleanup and no additional compensation will be made.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

MAPS & DETAILS

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

PROPOSALTO THE CITY OF NEWARK
Name of Bidder:

Business Address:

City, State, Zip:

Telephone No.: Area Code ( )
Fax No.: Area Code ( )
Email Address:

The work for which this proposal is submitted is for construction in accordance with the Specifications (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto, the project Plans described below, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The project Plans for the work to be done were approved and are entitled:

FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO.CIPA10005.FY2026 (PHASE 2)
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all Base 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 the 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.

If this proposal is accepted and the undersigned shall fail to enter into the contract and furnish the two (2) bonds in the sums required by the State Contract Act and Section 3 of the Specifications, with surety satisfactory to the City of Newark within ten (10) working days, not including Sundays and legal holidays, after the Bidder has received notice from the City of Newark that the contract has been awarded, the City of Newark may, at its option, determine that the Bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Newark.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The undersigned as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of contract, and the Plans therein referred to; and he/she proposed and agrees, if this proposal is accepted, that he/she will contract with the City of Newark, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment herefor the amounts shown on the following unit price schedule, to wit:

CITY OF NEWARK
Public Works Department

UNIT PRICE SCHEDULE
FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO. CIPA10005.FY2026 (PHASE 2)
Contractor: ____________________________________________

BASE BID
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 23
3 Adjust Storm Drain Manhole Frame and Cover EA 8
4 Replace & Adjust ACWD Fire Hydrant Valve Box
Cover EA 15
5 PG&E Gas Valve Cover EA 2
6 Asphalt Concrete Wedge/Conform Grinding LF 2,020
7 Asphalt Concrete Full Width Grinding SF 291,930
8 Patch Paving CY 50
9 Patch Paving (Unsuitable Material) CY 50
10 Replace Unsuitable Material CY 50
11 Asphalt Concrete TON 4,090
12 Leveling Course TON 50
13 Detail 2 – Centerline LF 2,465
14 Detail 22 – Double Yellow Line LF 400
15 Detail 23 – Double Yellow Buttons LF 600
16 Detail 38 – Channelizing Line LF 100
17 12” White/Yellow – Crosswalk/Limit Line LF 1,065
18 STOP Legend EA 6
19 Type IV – Left/Right Turn Arrow EA 4
20 Traffic Signal Loop (Type D) EA 1
21 Traffic Signal Loop (Type E) EA 3
22 Install & Adjust Traffic Detector Handhole Cover EA 1 23 Blue Reflective Pavement Marker EA 17

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

TOTAL BASE BID:

ADDITIVE ALTERNATE BID No. 1
Gum Court
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 1
3 Asphalt Concrete Wedge/Conform Grinding LF 106
4 Asphalt Concrete Full Width Grinding SF 7,791
5 Asphalt Concrete TON 98
6 Leveling Course TON 50
TOTAL ADDITIVE ALTERNATE BID No. 1:

ADDITIVE ALTERNATE BID No. 2
Redwood Court
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 1
3 Asphalt Concrete Wedge/Conform Grinding LF 185
4 Asphalt Concrete Full Width Grinding SF 10,192
5 Asphalt Concrete TON 128
6 Leveling Course TON 50
TOTAL ADDITIVE ALTERNATE BID No. 2:

ADDITIVE ALTERNATE BID No. 3
Silk Court
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 1
3 Asphalt Concrete Wedge/Conform Grinding LF 105
4 Asphalt Concrete Full Width Grinding SF 8,370
5 Asphalt Concrete TON 105
6 Leveling Course TON 50
TOTAL ADDITIVE ALTERNATE BID No. 3:

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) ADDITIVE ALTERNATE BID No.4
Crestmont Avenue
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANT
ITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 4
3 Adjust Storm Drain Manhole Frame and Cover EA 1
4 Replace & Adjust ACWD Fire Hydrant Valve Box
Cover EA 2
5 Asphalt Concrete Wedge/Conform Grinding LF 250
6 Asphalt Concrete Full Width Grinding SF 29,516
7 Asphalt Concrete TON 369
8 Leveling Course TON 50
9 Blue Reflective Pavement Marker EA 2
TOTAL ADDITIVE ALTERNATE BID No. 4:

ADDITIVE ALTERNATE BID No.5
Elm Street
ITEM
NO. ITEM DESCRIPTION
UNIT
OF
MEASU
RE

QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Adjust Monument Box Cover EA 1
3 Replace & Adjust ACWD Fire Hydrant Valve Box
Cover EA 2
4 Asphalt Concrete Wedge/Conform Grinding LF 180
5 Asphalt Concrete Full Width Grinding SF 26,686
6 Asphalt Concrete TON 334
7 Leveling Course TON 50
8 Detail 22 – Double Yellow Line LF 50
9 12” White/Yellow – Crosswalk/Limit Line LF 25
10 STOP Legend EA 1
11 Blue Reflective Pavement Marker EA 1
TOTAL ADDITIVE ALTERNATE BID No. 5:

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) ADDITIVE ALTERNATE BID No.6
Charmwood Court
ITEM
NO. ITEM DESCRIPTION
UNIT
OF
MEASU
RE

QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 1
3 Asphalt Concrete Wedge/Conform Grinding LF 160
4 Asphalt Concrete Full Width Grinding SF 18,068
5 Asphalt Concrete TON 226
6 Leveling Course TON 50
TOTAL ADDITIVE ALTERNATE BID No. 6: _________
ADDITIVE ALTERNATE BID No.7
Camass Court
ITEM
NO. ITEM DESCRIPTION
UNIT
OF
MEASU
RE

QUANTITY
UNIT

PRICE TOTAL
1 Traffic Control LS 1
2 Replace & Adjust Monument Box Cover EA 1
3 Asphalt Concrete Wedge/Conform Grinding LF 110
4 Asphalt Concrete Full Width Grinding SF 12,803
5 Asphalt Concrete TON 161
6 Leveling Course TON 50
7 Blue Reflective Pavement Marker EA 2
TOTAL ADDITIVE ALTERNATE BID No. 7: _________
TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID Nos.1, 2, 3, 4, 5, 6, 7:

ADDITIVE ALTERNATE BID No. 8
Alameda County Water District (ACWD) Work
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Replace & Adjust ACWD Valve Box Cover EA 52
TOTAL ADDITIVE ALTERNATE BID No. 8:

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) ADDITIVE ALTERNATE BID No. 9
Union Sanitary District (USD) Work
ITEM
NO. ITEM DESCRIPTION

UNIT OF

MEASURE QUANTITY
UNIT

PRICE TOTAL
1 Adjust USD Manhole Cover EA 30
2 Adjust USD Riser Cover EA 5
3 Insurance Premium for USD Work LS 1
TOTAL ADDITIVE ALTERNATE BID No. 9:

NOTES:

1. The award of contract, if it is awarded, will be to the lowest responsible Bidder as determined by the Total Base Bid PLUS Additive Alternate Bid No. 1, Additive Alternate Bid No. 2, Additive Alternate Bid No. 3, Additive Alternate Bid No. 4, Additive Alternate Bid No. 5, Additive Alternate Bid No. 6, and Additive Alternate Bid No. 7. 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.

2. Additive Alternate Bid No. 1, Additive Alternate Bid No. 2, Additive Alternate Bid No. 3, Additive Alternate Bid No. 4, Additive Alternate Bid No. 5, Additive Alternate Bid No. 6, and Additive Alternate Bid No. 7 may or may not be included in the Contract to be awarded.

3. At the discretion of the Alameda County Water District and Union Sanitary District, Additive Alternate Bid No. 8 and No. 9 respectively may or may not be included in the Contract to be awarded.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

CERTIFICATIONS AND SIGNATURES

CERTIFICATIONS - GENERAL
The Bidder’s execution on the signature portion of this proposal shall also constitute an endorsement and execution of those certifications which are part of this proposal. Signature of Bidder shall be properly notarized.

MINOR INFORMALITIES
The City reserves the right to waive minor informalities and/or bid non-responsiveness that does not influence the competitive nature of the bid.

PROPOSAL FORM
This Proposal form is not to be detached or removed from this bound set of Specifications. The entire bound set of Specifications and Proposal are to be submitted to the City. If this Proposal is removed, the signature(s) of the Bidder constitutes acknowledgment that the set of Specifications used in preparing his/her bid is complete and the intent of the Bidder is to comply with all provisions of the Specifications. With this acknowledgment, the City will consider removal of the Proposal from the bound Specifications as a minor non-responsiveness on the part of the Bidder.

BIDDER’S GUARANTEE
Accompanying this proposal is a Bidder’s Guarantee:

Cash ($ )
Cashiers Check ($ )
Bidder’s Bond in the amount of 10% of the total bid
(Check Appropriate Attachment)
Note: Refund of a Bidder’s Bond in the form of a Cashier’s Check will be made by returning the unendorsed Cashier’s Check to the Bidder, after the City has entered into a contract with the apparent low Bidder. Therefore, the Cashier’s Check receipt should be retained by the Bidder.

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addendum Number(s) .
(fill in addendum number(s) if addenda have been received) Warning: If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, this Proposal may be rejected.

ADDITIONAL FORMS REQUIRED
Check the following boxes indicating attachment of the respective forms with this Bid Proposal:

List of Subcontractor (required)
Bidder’s Statement of Financial Responsibility, Technical Ability, and Experience (required)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT, AND

SUSPENSION CERTIFICATION
The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

NON-COLLUSION DECLARATION
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 bid. 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 , at , California.

LICENSE INFORMATION
The Bidder hereby certifies that he/she is licensed in accordance with an act providing for the registration of Contractors:

License No. Contractor’s License Expiration Date
Classification(s)
DIR Registration No. Expiration Date

LIST OF SUBCONTRACTORS
The Bidder shall list the name and address of each subcontractor to whom the Bidder proposed to subcontract portions of the work in excess of one-half of one percent (1/2 of 1%) of the total bid.

If none, so indicate. Provide all information requested below.

If the Bidder fails to specify a Subcontractor, or if the Bidder specified more than one Subcontractors for any portion of the work to be performed under the contract in excess of onehalf of one percent (1/2 of 1%) of the Bidder’s total bid, he/she agrees that he/she is fully qualified to perform that portion of work himself/herself, and that he/she will perform that portion himself/herself.

All Bidders are hereby notified that the successful Bidder will be required to perform not less than fifty percent (50%) of the Work with the successful Bidder’s own organization. A failure of the

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Bid to establish compliance with this requirement may render the bid non-responsive, or it may result in a determination of Bidder non-responsibility based on a failure to demonstrate adequate resources available to perform the Work.

As of July 1, 2014, 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. The Contractors will be required to submit certified payrolls during the course of the project. This project is subject to compliance enforcement and monitoring by the State of California Department of Industrial Relations.

Subcontractor Name
License Number
DIR Registration No.

Address/
Phone Number/
Email
Description Of Work
Subcontracted
Amount
Subcontracted*
* Use Cost Amount representing actual work to be performed by the respective subcontractor.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY,

AND EXPERIENCE
The Bidder submits, below (or attached), a statement of projects of similar character to that described in the proposed contract that have been successfully performed by the Bidder. The statement shall include a brief description, approximate cost, and applicable references associated with each project listed, and shall be of sufficient detail to enable the City Council to judge the responsibility, experience, skill, and business standing of the Bidder.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

SIGNATURE BLOCK
The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If the Bidder or other interested person is a corporation, state the legal name of the corporation, also the names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state the true name of firm, also the names of all individual copartners composing firm; if the Bidder or other interested person is an individual, state the first and last names in full.

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the Non-collusion Affidavit required by Public Contract Code Section 7106 is true and correct.

SIGN HERE
 Date: _____________________
Signature of Bidder Must be Properly Notarized
Business address
Place of business
Place of residence
Form of Company (check one):

California Corporation Limited Partnership Other (specify)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) BIDDER’S BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, , as PRINCIPAL,
and as
SURETY, are held and firmly bound unto the City of Newark in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Newark, Public Works Department, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of ($ ).

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the above-mentioned bid to the City of Newark, for certain construction specifically described as follows for which bids are to be opened at Newark, California on June 2, 2026 for:

FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO. CIPA10005.FY2026 (PHASE 2)
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and within the time and manner required in these Specifications, after the prescribed forms are presented to him for signature, enters into a written contract for the work in accordance with the proposal, and files the two bonds with the Public Works Department, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) Bidder’s Bond (continued)
In the event suit is brought upon this bond by the City of Newark and judgment is recovered, the surety shall pay all costs incurred by the City of Newark in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 2026.

PRINCIPAL:

Signature
Address:

City State Zip
Phone: ( )
SURETY:

Home Office Address:

City State Zip
Phone: ( )
By:

SURETY AGENT:

Office Address:

City State Zip
Phone: ( )
NOTE: Signatures of those executing for the surety must be properly notarized.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

AGREEMENT (PUBLIC WORKS CONTRACT)
THIS AGREEMENT, made and entered into this day, of , 2026, and between the CITY OF NEWARK, a municipal corporation and the General Law Class, State of California, hereinafter called the “CITY” and , a ,
hereinafter called the “CONTRACTOR”:

WITNESSETH:

That the City and Contractor for the consideration, hereinafter named, agree as follows:

1. That complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: the Notice to Contractors; the Proposal to the City of Newark; the Accepted Bid (Unit Price Schedule); the Bidder’s Statement of Subcontractors’; the Performance Bond; the Payment Bond; the Plans and Specifications; this Agreement; and all Addenda setting forth any modifications or interpretations of any of said Documents.

2. The Contractor will furnish all materials except as otherwise provided in the Specifications and on the Plans and will perform all the work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the Engineer, public improvements in accordance with that certain document headed:

FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO. CIPA10005.FY2026 (PHASE 2)
and the Standard Specifications and Plans of the Department of Transportation, State of California, dated May 2006.

All of the above work is on City property, and under the direction of the Engineer or other official designated by the City to supervise said work, all as provided in and subject to the Contract Documents.

4. The Contractor shall comply with all applicable local, state, and federal regulations.

5. The Contractor shall maintain a valid Class A California Contractor License throughout the performance of work under this contract.

6. The Contractor shall submit a receipt copy or other evidence showing payment of the current City of Newark Business License fee.

7. The Contractor shall provide a Certificate of Insurance to show proof of Comprehensive General Liability Insurance of (minimum) $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and bodily damage; and Workers Compensation and Employers Liability Insurance as required by the Labor Code of the State of California.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

8. As of July 1, 2014, 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, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. The Contractor will be required to submit certified payrolls during the course of this project. This project is subject to compliance enforcement and monitoring by the State of California DIR.

9. The City will pay the Contractor in current funds for the performance of the Contract on the basis of the accepted unit prices and the actual measured quantities of work done at such time as are stated in the Specifications, and will otherwise fulfill its obligations thereunder.

10. All time limits stated in the Contract Documents are of the essence of this Agreement.

11. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith.

12. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

13. If any action shall be brought by the City for the enforcement of any of the conditions, covenants or agreements herein the prevailing party shall recover reasonable attorney’s fees.

14. The Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, injury, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Contractor, its officers, employees or agents in the performance of any service or work pursuant to this Contract.

The duty of Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Contractor to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

It shall be required under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph, including but not limited to the duty to indemnify City set forth herein. By execution of this Contract Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF NEWARK FOR THE CONTRACTOR:
a Municipal Corporation
By By
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

CONTRACT

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE, , a , hereinafter called the
“CONTRACTOR”, and as Surety, are held and firmly bound unto the City of Newark, State of California, in the sum of Thousand and no/100 ($ .00) Dollars, lawful money of the United States of America, for the payment of which sum, well and truly, to be made to said City of Newark, we and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Sealed with our seals and dated this day of , 2026. The condition of the above obligation is such that whereas, the Contractor entered into an agreement of even date herewith, with the said City of Newark, State of California, by the terms and conditions of which said agreement, said Contractor agrees to construct improvements in accordance with that certain document headed:

FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO. CIPA10005.FY2026 (PHASE 2)
and furnish all the work and material necessary therefore, in accordance with the Plans and Specifications now on file in the Office of the City Clerk and the City Engineer, as will more fully appear by reference to the said agreement, which said agreement is hereunto annexed and made a part hereof;
NOW THEREFORE, if the above named Contractor shall well and truly carry out, execute and perform all things by them to be carried out, executed and performed, according to the terms and conditions of said agreement, then this obligation shall become null and void; otherwise to remain in full force and effect.

No alteration of any provision of said agreement or in said Plans and/or Specifications; agreed to between the said Contractor and the said First Party, shall operate to relieve any surety or sureties from liability on this Bond, and consent to make such alterations without further notice to, or consent by, such surety is hereby given, and the said surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

CONTRACTOR:

Address:

City State Zip
Phone: ( )
Signature:

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) SURETY:

Home Office Address:

City State Zip
Phone: ( )
By:

SURETY AGENT:

Office Address:

City State Zip
Phone: ( )

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

CONTRACT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, , a , hereinafter called the
“CONTRACTOR”, has this day, entered into an agreement with the City of Newark, State of California, to construct improvements in accordance with that certain document headed:

FY2026 ANNUAL ASPHALT CONCRETE STREET OVERLAY PROGRAM
PROJECT NO. CIPA10005.FY2026 (PHASE 2)
as per Plans and Specifications thereof now on file in the office of the City Clerk and the City Engineer of Newark, and to perform all the work and furnish all the material, in accordance with the Specifications therefore, as is more fully set forth in said agreement, which said agreement is hereunto annexed and made a part hereof; and
WHEREAS, Chapter 3 of Division 5 of Title 1 of the Government Code of the State of California and Acts amendatory thereof, require such contractors to file with the body of whom such agreement was awarded a good and sufficient bond to secure the claims to which reference is made in said Code and these presents.

WITNESSETH: That the said Contractor and as
Surety, are held and firmly bound unto all material men who may furnish material or supplies to the said Contractor, for the said work contracted to be done, and all mechanics and laborers who may perform work and labor of any kind or nature and for amounts due under the Unemployment Insurance Act of the State of California with respect to such work or labor in the sum of Thousand and no/100 ($ .00) Dollars, lawful money of the United States of America, being not less than one-half of the total amount payable by the terms of said agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents.

Sealed with our seals and dated this day of , 2026.

The condition of the above obligation is such that if the said Contractor in said agreement, or his/her subcontractor, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for any amounts due under the Unemployment Insurance Act of the State of California with respect to such work or labor, the said surety will pay the same, in an amount not exceeding said sum hereinbefore specified and also in case suit is brought upon such bond a reasonable attorney’s fee to be fixed by the Court, provided that said claim or claims shall be filed and proceedings had regarding the same, as provided for by the terms of said Code; otherwise this bond shall be null and void.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) No alteration of any provision of said agreement or in said Plans or Specifications agreed to between the said Contractor and the said first party shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations is hereby given, and the said surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

CONTRACTOR:

Address:

City State Zip
Phone: ( )
Signature:

SURETY:

Home Office Address:

City State Zip
Phone: ( )
By:

SURETY AGENT:

Office Address:

City State Zip
Phone: ( )

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

GUARANTY
To: The CITY OF NEWARK, CALIFORNIA (“City”), for construction of public improvements for FY2026 ASPHALT CONCRETE STREET OVERLAY PROGRAM, PROJECT NO.

CIPA10005.FY2026 (PHASE 2), CITY OF NEWARK, ALAMEDA COUNTY, CALIFORNIA.

The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.

Contractor hereby grants to City for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.

If within one year after the date of Final Acceptance of the Work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be Defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions, correct such Defective Work.

Contractor shall remove any Defective Work rejected by City and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law.

Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

Date: __________________________________
Contractor’s Name: __________________________________________________________ By: ___________________________________________
Signature Must be Properly Notarized
______________________________________________.

Print Name
______________________________________________.

Title
Address:_______________________________, ____________________,_______,__________ Street City State Zip Code

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2)

City of Newark, California FY2026 Annual AC Street Overlay Program, Project No.CIPA10005.FY2026 (Phase 2) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE BID AND AWARDING THE

CONTRACT FOR THE BASE BID AND ADDITIVE
ALTERNATE BID NO. 8 AND NO. 9 TO G. BORTOLOTTO &
COMPANY, INC. FOR THE FY2026 ASPHALT CONCRETE
STREET OVERLAY PROGRAM PROJECT NO. CIPA
10005.FY2026 (PHASE 2)
WHEREAS, the Public Works Department invited sealed bids for the construction of public improvements for FY2026 Annual Asphalt Concrete Street Overlay Program Project No. CIPA10005.FY2026 (Phase 2) (the “Project”); and WHEREAS, on June 2, 2026, a total of seven (7) bids for the Project were received and opened in accordance with the City’s procurement procedures and applicable laws; and
WHEREAS, as stated in the Project Specifications, determination of the low monetary bidder was based on the Base Bid plus Additive Alternative Bid No. 1, No. 2, No. 3, No. 4, No. 5, No. 6, and No. 7; and
WHEREAS, G. Bortolotto & Company, Inc. was determined to be lowest responsible bidder with a Base Bid plus Additive Alternate Bid No. 1, No. 2, No. 3, No. 4, No. 5, No. 6, and No. 7 in the amount of $1,147,984.75; and WHEREAS, staff recommends rejecting Additive Alternate Bid Nos. 1 through 7 to stay within the available remaining budget allocated for FY2026 Annual Street Asphalt Concrete Overlay Program; and
WHEREAS, staff recommends, and the City Council seeks, to add Additive Alternate Bid No. 8 and No. 9 to the construction contract which would bring the total construction contract amount to $949,440.75; and
WHEREAS, staff recommends including approximately ten percent (10%) construction contingency in the amount of $92,559.25, which would bring the total allocation for the Project to $1,042,000.00; and
WHEREAS, sufficient funding is available in the 2024-2026 Biennial Budget and Capital Improvement Program, including $42,000 appropriated from Fund 284 – Alameda County Transportation Commission (ACTC) Measure BB Local Streets and Roads Program (LSRP) and $1,000,000 appropriated from Fund 201 - Highway Users Tax Account (HUTA); and
WHEREAS, the proposed work is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it involves the maintenance and minor alteration of existing public facilities.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark as follows:

1. The Bid submitted by G. Bortolotto & Co., Inc. in the amount of $949,440.75 is hereby accepted, and the contract is awarded to said contractor for the FY2026 Annual Asphalt Concrete Street Overlay Program Project No. CIPA10005.FY2026 (Phase 2).

2. A construction contingency of $92,559.25 is hereby authorized, for a total project allocation of $1,042,000.

3. The Public Works Director is hereby authorized to utilize the full project budget, as appropriated in the 2024-2026 Biennial Budget and Capital Improvement Program, to address unforeseen construction issues as needed, provided that total expenditures do not to exceed the amounts appropriated.

4. The City Manager, or designee, is authorized to execute the contract and all related documents necessary to implement the work.

Item  D. 8.

DATE 06/25/2026
TO Honorable Mayor and City Council Members
FROM Amelia Timbers, Environmental Services Manager
SUBJECT    Adopt a resolution approving the Second Amendment to the Memorandum of Understanding with the Alameda County
Environmental Health Department (ACEHD) for inspections of Tier 1 and Tier 2 Commercial Edible Food Generators
SUMMARY AND RECOMMENDATION
On May 12, 2022, the City Council adopted Resolution No.11346 authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Alameda County Environmental Health Department (ACEHD hereon) through March 1, 2024, for inspections of food facilities within the City to ensure its compliance with Senate Bill 1383's Edible Food Recovery requirements. A first amendment to the MOU was executed on May 1, 2024 to provide a two-year extension covering F2024-2026 and funding $20,000 for inspection fees. A second amendment to the MOU is now required to provide a two-year extension and fund approximately $18,000 for inspection fees through June 30, 2028, and to make other minor modifications.

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute the Second Amendment to the MOU with ACEHD.

BACKGROUND
California Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016 (SB1383), has established aggressive targets to achieve a 75 percent reduction in the statewide disposal of organic waste beginning in 2025. To assist the City with meeting its requirements under SB 1383, the City Council adopted Ordinance No. 533 on November 18, 2021. Ordinance No. 533 added Chapter 8.40, the Organics Reduction and Recycling Ordinance (ORRO), to the Newark Municipal Code. The ORRO authorized the Alameda County Waste Management Authority (WMA) to implement various aspects of SB 1383 on behalf of the City. Section 8.40.060 of the ORRO established requirements for Commercial Edible Food Generators (CEFGs). WMA has entered into a Memorandum of Understanding (MOU) with the Alameda County Environmental Health Department (ACEHD) to authorize ACEHD to conduct inspection and outreach at CEFGs within Alameda County that are currently permitted and inspected by ACEHD. Adopting this resolution would allow the City to continue to utilize the services of ACEHD to conduct inspection, outreach, and reporting related to SB 1383 CEFG requirements at facilities within the City.

DISCUSSION/ANALYSIS
California Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, is the most significant waste reduction regulation in the last 30 years. SB 1383 requires a 75% reduction in the disposal of organic waste and recovery for human consumption of 20% of the edible food that is currently disposed of by 2025. SB 1383 requires local jurisdictions to implement the following actions:

1. Provide organic waste collection services to all organic waste generators.

2. Procure recycled content paper and recovered organic waste products (e.g., compost and mulch) at levels prescribed by the State.

3. Perform education and outreach to all affected parties.

4. Establish required enforcement protocols that include a schedule of fines for non-compliance.

5. Implement an edible food for human consumption recovery program that recovers edible food that would otherwise be discarded.

The edible food for human consumption recovery program requires that all Tier 1 CEFG facilities, defined as grocery stores and supermarkets over 10,000 square feet, recover the maximum amount of surplus edible food that would otherwise be disposed of (as compost or landfill) to feed people starting on January 1, 2022. Tier 2 CEFG facilities, defined as a restaurant with over 250 seats or a facility of over 5,000 square feet, need to implement an edible food recovery program starting on January 1, 2024.

The City is required to ensure that all Tier 1 and Tier 2 facilities are implementing a compliant food-recovery program. The most efficient approach to conducting the required inspections and outreach is by utilizing ACEHD inspectors at a $348 cost per inspection, as the County already inspects the same businesses for its Food Safety Program.

FISCAL IMPACT
Compensating the Alameda County of Environmental Health Department for inspecting seventeen (17) Tier 1 and Tier 2 facilities in 2026, 2027, and 2028 (during the MOU extension period) at $348 per inspection will cost approximately $18,000. This number can vary based on the opening or closure of qualifying Tier 1 and Tier 2 facilities.

Funds from a previously received CalRecycle grant will be used until completely expended. For the remaining costs, funding is available from the County's distribution of Measure D funds (215.60.063.631.6221), which the City may use for waste reduction and recycling programs. Sufficient Measure D funding exists in the proposed 2026-2028 Biennial Budget to cover expected costs. The City will look for opportunities to apply for future CalRecycle grants, should they be offered again in the future.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
REVIEW AND APPROVAL
Prepared by - Amelia Timbers, Environmental Services Manager 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
Alameda County Department of Environmental Health Resolution and Amendment 2 Attachment A Inventory
Alameda County Department of Environmental Health MOU and Amendment 1 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK APPROVING THE

SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF NEWARK AND THE ALAMEDA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT TO IMPLEMENT THE SB 1383 EDIBLE FOOD RECOVERY

PROGRAM
WHEREAS, this Second Amendment (“Second Amendment”) to the Retail Food Facility Memorandum of Understanding (MOU) entered into on or about June 25, 2026 and as amended by the First Amendment to the MOU (“First Amendment”), entered into on May 01, 2024 is made by the Alameda County Environmental Health Department (ACEHD) and the City of Newark.

WHEREAS, on June 17, 2022, the City of Newark and ACEHD entered into a Retail Food Facility Memorandum of Understanding for SB 1383 Edible Food Recovery (the “MOU”); wherein ACEHD agreed to provide certain services to City of Newark for certain Food Facilities and City of Newark agreed to pay ACEHD for providing those services, starting in January 2023; and WHEREAS, on or about May 01, 2024, a First Amendment was executed to extend the term by two additional years;
WHEREAS, the Parties desire to extend the MOU Agreement until June 30, 2028.

WHEREAS, the City of Newark desires for ACEHD to continue to conduct inspections on their behalf at certain permitted Retail Food Facilities related to edible food recovery requirements as set forth in this agreement and ACEHD is willing to continue to conduct those inspections;
WHEREAS, the Alameda County Department of Environmental Health (ACDEH) has been rebranded by name to the Environmental Health Department (EHD); Now, therefore, the City of Newark and ACEHD hereby amended the MOU as follows:

1. The provisions of the Agreement are amended by substituting the term “EHD” for the term “ACDEH” wherever it appears.

2. Section H, Cost, subsection (a), is deleted and replaced with the following:

Inventory. Attached hereto as Exhibit A is an inventory list, as of March 2026, for Permitted Tier One and Tier 2 Commercial Edible Food Generators in City of Newark (the “Inventory”). The Inventory is subject to change based on the addition of new facilities, closure of facilities and changed operations of facilities and will be updated in the fourth quarter of 2026 and may request an updated inventory list from time to time and EHD shall provide one within thirty (30) days of any written request.

3. The second sentence of Section H, Cost, subsection (b), is amended by substituting the year 2022 with the year 2025.

4. The first sentence of Section H, Cost, subsection (d), is deleted and replaced with the following:

Estimated Annual Costs. Typically, for purposes of efficiency, an SB 1383 inspection is conducted once a year at the time of a Tier One or Tier Two Permitted CEFGs routine food facility inspection, when possible.

5. Section I, General, paragraph 1 is amended by extending the end date of the MOU for two years, from March 1, 2026, to June 30, 2028, unless extended in writing or terminated early.

6. Except as expressly modified by this Second Amendment, all of the terms and conditions of the MOU are and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this MOU on the dates appearing below their respective signatures.

City of Newark
By: ______________________________ Date: ____________________________ Name: ___________________________
Title: ____________________________

ALAMEDA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
By: ______________________________ Date: ____________________________ Name: _ Ronald Browder ____________
Title: __ Director ____________________
Approved as to Form:

Donna R Ziegler, County Counsel
Kathleen Flynn, Deputy County Counsel
Attachment A - NEWARK CEFG INVENTORY
99 RANCH MARKET

ARTEAGA'S FOOD CENTER

CHAVEZ SUPERMARKET
COSTCO WHOLESALE #1660

NEWARK GROCERY OUTLET

LION FOOD CENTER
SAFEWAY #1224
FOOD MAXX #462

SPROUTS FARMERS MARKET

DOUBLE TREE BY HILTON NEWARK-FREMONT

BJ'S RESTAURANT & BREWHOUSE

CHANDINI
CHUCK E CHEESE #321

JACK'S RESTAURANT

LAZY DOG RESTAURANT & BAR

LOS GALLOS TAQUERIA

MEXICO TORTILLA FACTORY & DELI
RESOLUTION NO. 11, 346

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF NEWARK

AND THE ALAMEDA COUNTY DEPARTMENT OF

ENVIRONMENTAL HEALTH TO IMPLEMENT THE SB
1383 EDIBLE FOOD RECOVERY PROGRAM
WHEREAS, California Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016 ( which added Sections 39730. 5, 39730. 6, and 39730. 8 to the California Health and Safety Code, and added Chapter 13. 1 ( commencing with Section 42652) to Part 3 of Division 30 ofthe Public Resources Code), took effect on January 1, 2017, setting Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, and requiring the California Department of Resources Recycling and Recovery (" CalRecycle") to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, in November 2020, CalRecycle finalized the Short-lived Climate Pollutants Organic Waste Reductions Regulations ( the SLCP Regulations) which establish the regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities which are contained in Title 14 ofthe California Code of Regulations ( 14 CCR); and WHEREAS, by January 1, 2022, all city, county, and special district jurisdictions that provide solid waste collection services are required to implement measures necessary to comply with the regulations; and
WHEREAS, the City of Newark (" City") is an incorporated city within Alameda County; T1
WHEREAS, the Alameda County Department ofEnvironmental Health (ACDEH) is the local enforcement agency which oversees retail food programs in Alameda County for the protection of public health and safety. ACDEH inspects Retail Food Facility operations and issues permits to operate those facilities under the authority granted through the California Retail Food Code ( California Health and Safety Code § 113700 et seq.); and WHEREAS, the Alameda County Waste Management Authority (" WMA") is a joint powers agency established by all the cities in Alameda County, the County, and two sanitary districts ( the " Member Agencies" as more specifically defined below); and WHEREAS, the Joint Exercise of Powers Agreement for Waste Management (" JPA") entered into by Member Agencies grants the WMA the power, duty, and responsibility to prepare, adopt, revise, amend, administer, enforce, and implement the County Integrated Waste Management Plan; and
WHEREAS, the WMA on July 28, 2021 adopted the Organics Reduction and Recycling Ordinance (" ORRO") to implement various measures required by the SLCP Regulations, including regulation of commercial edible food generators, which will apply within the boundaries of any Member Agency that opts into the ordinance; and WHEREAS, City has adopted its own ordinance which opts into the WMA Organics Reduction and Recycling Ordinance to meet the SLCP Regulations; and WHEREAS, compliance with its responsibilities under the SB 1383 Regulations is the sole responsibility of City; however, a jurisdiction may designate a public or private entity to assist with fulfilling certain of its responsibilities under the SLCP Regulations; and WHEREAS, designations by a jurisdiction must be made through agreements such as MOUs with other jurisdictions, entities, regional agencies as defined in Public Resources Code Section 40181, or other government entities, including environmental health departments, or through contracts with haulers or other private entities; and WHEREAS, SLCP Regulation 14 CCR 18991. 1 requires jurisdictions to implement edible food recovery programs and 14 CCR 18991. 3 requires commercial edible food generators to recover the maximum amount of food that would otherwise be disposed; and WHEREAS, SLCP Regulation 14 CCR 18995. 1( a)( 2) requires jurisdictions to conduct inspections of commercial edible food generators for compliance with the food recovery regulations starting with Tier One facilities beginning on January 1, 2022 and for Tier Two facilities beginning on January 1, 2024; and
WHEREAS, SLCP Regulation 14 CCR 18984. 10( c) requires that commercial businesses provide or arrange for access to their properties during all inspections conducted pursuant to the SLCP Regulations; and
WHEREAS, ACDEH currently permits and conducts routine inspections of certain commercial edible food generators which are Retail Food Facilities, and it would be efficient for ACDEH to also conduct the inspections for compliance with certain SLCP Regulations related to edible food recovery and provide services to assist in educating these facilities on edible food recovery; and
WHEREAS, WMA and ACDEH have entered an MOU discussing SB 1383 Edible Food Recovery, including tasks related to gathering and compiling information in areas ofAlameda County related to the SLCP Regulations and may terminate or modify their agreement at any time, without consultation to City; however, WMA has agreed to provide notice of any termination to its Member Agencies; and
WHEREAS, for commercial edible food generators that are described as Tier One and Tier Two in the SLCP Regulations and have a current ACDEH issued Retail Food Facility permit, ACDEH is willing to provide services to City as set forth in this MOU; and WHEREAS, the City desires to authorize ACDEH to conduct inspections on its behalf at certain permitted Retail Food Facilities related to edible food recovery requirements as set forth in this agreement.

Resolution No. 11, 346 2
NOW, THEREFORE, BE IT RESOLVED that the City and ACDEH agree:

A. DEFINITIONS
The following abbreviations and definitions shall apply to this MOU:

Alameda County means all of the geographical area located within the incorporated and unincorporated areas of Alameda County whereas " County of Alameda" or " County" refers to the public entity, a body corporate and politic of the State of California.

ACDEH means the Alameda County Department of Environmental Health.

City means the City of Newark.

City Boundaries means the area in which City is responsible for compliance with SB 1383 Regulations related to edible food ( the geographical area in which the City is responsible for solid waste collection services). This does not include any portion of the City that is within the Oro Loma Sanitary District or Castro Valley Sanitary District.

Commercial Edible Food Generators ( CEFG) has the same meaning as in the SLCP Regulations. If they have an ACDEH issued Retail Food Facility permit that is current at the time services are being provided pursuant to this MOU they are a Permitted CEFG.

Education Materials means the documents created and published by WMA related to the CalRecycle SLCP Regulations, the Federal Bill Emerson Good Samaritan Food Donation Act, California Good Samaritan Food Donation Act and other food donation resources. These include materials for general use as well as materials designed for CEFGs that are not in compliance with SLCP Regulations. In addition, City may create and distribute additional materials.

FRO& S means Food Recovery Organizations and Food Recovery Services as defined in the SLCP Regulation 14 CCR 18982.

Jurisdiction means the cities, county, and sanitary districts within the geographical boundaries of Alameda County that provide solid waste collection services. For areas that are in a sanitary district located within a city and/ or the unincorporated County, the jurisdiction for purposes of this MOU is the sanitary district.

Member Agencies means the individual parties to the WMA JPA. Current member agencies are the County of Alameda; the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City; and the Castro Valley and Oro Loma Sanitary Districts. Each of the foregoing is a Member Agency.

Member Agency Jurisdiction means, for purposes of this MOU, the geographical area for which the Member Agency is responsible for solid waste collection services.

Resolution No. 11, 346
Notice of Violation ( NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.

Permitted CEFG means a Commercial Edible Food Generator that has an ACDEH issued Retail Food Facility permit that is current at the time services are being provided pursuant to this MOU.

Retail Food Facility means a food facility as defined in the California Retail Food Code, located at Health and Safety Code (H& SC) § 13700 et seq., which generally is an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption at the retail level ( see H& SC § 113789).

Retail Food Facility MOU means the MOU that a Member Agency and ACDEH enter into in which ( 1) ACDEH agrees to perform certain services related to SB 1383 Edible Food Recovery Requirements at Permitted CEFG facilities within that Member Agency' s Jurisdiction ( the geographical area for which the Member Agency is responsible for solid waste collection services) and ( 2) the Member Agency designates and delegates authority to ACDEH to do so.

SB 1383 means Senate Bill 1383 Short-lived climate pollutants: methane emissions:
dairy and livestock: organic waste: landfills ( Lara, Chapter 395 Statues of 2016).

SB 1383 Edible Food Recovery Inspection Report (SB 1383 EFR Inspection Report) means the form created by ACDEH, which may be amended from time to time in consultation with the WMA, that documents an inspection of a Permitted CEFG for compliance with the SLCP Regulations and may also be referred to as the SB 1383 EFR Report.

SLCP Regulations means the Short- lived Climate Pollutants: Organic Waste Reductions Regulations that were promulgated by CalRecycle pursuant to SB 1383, located in Title 14 of the California Code of Regulations, also referred to as the " SB 1383 Regulations" or " Organic Waste Reductions Regulations".

Waste Management Authority ( WMA) means the Alameda County Waste Management Authority that is a joint powers agency comprised of all the cities in Alameda County, the County, and two sanitary districts, which are the Member Agencies.

B. INSPECTIONS AND EDUCATION OF

PERMITTED COMMERCIAL EDIBLE FOOD GENERATORS

1. ACDEH Responsibilities. ACDEH shall perform SB 1383 Edible Food Recovery inspections and related services at Permitted CEFG facilities within City Boundaries as contained in the MOU. ACDEH services for Tier One Permitted CEFGs will begin on January 1, 2022 and for Tier Two Permitted CEFGs on January 1, 2024.

Resolution No. 11, 346 4

2. SB 1383 Edible Food Recovery Inspection Report. ACDEH has created a template SB 1383 Edible Food Recovery Inspection Report form ( SB 1383 EFR Report), which will be used to document the inspection of a Permitted CEFG within the City Boundaries.

3. Inspections, Education and Documentation.
a. Inspections. During ACDEH routine inspections conducted at a Permitted CEFG in City, ACDEH shall also conduct an inspection for compliance with the SLCP Regulations. ACDEH staff will document their observations using the SB 1383 EFR Inspection Report form.
b. Distribution of Education Materials and Technical Assistance. During routine inspections of a Permitted CEFG, ACDEH will:
i. Starting in 2022, provide Education Materials to the Permitted CEFG. ii. Starting in year 2023 and until December 31, 2023, provide Education Materials related to requirements with which, in the reasonable judgment ofACDEH staff, the Permitted CEFG does not appear to be in compliance. These may include ( a) Education Materials prepared by the WMA and/ or ( b) providing the Permitted CEFG with a copy ofthe SB 1383 EFR Inspection Report as determined by ACDEH staff.
iii. During the routine inspections of Permitted CEFG, ACDEH staff will provide technical assistance to the Permitted CEFG related to the SLCP regulations, including standard food handling and operating procedures related to commercial edible food generators on safe food handling for food recovery and donations. ACDEH may also provide Educational Materials during any routine inspection.
c. Documentation for Member Agency and WMA
i. ACDEH staff will document the inspection on the SB 1383 EFR Inspection Report. The report will include the date and listing of Education Materials provided to the Permitted CEFG together with the name of the Permitted CEFG and identification of the food facility staff that accepted the Education Materials or a copy ofthe report.
ii. If there is any mass distribution of Education Materials through emailing, or other format such as general food permit correspondence, a notice will be provided to WMA and City. The notice will include a listing, or copy, of what was provided, the date it was provided, the manner it was distributed, and the list of recipients provided with the Education Materials. The copy of the materials may be provided by including WMA and a Member Agency on the distribution list.
iii. The SB 1383 EFR Inspection Reports from each Permitted CEFG will be provided to WMA and City by email in an electronic format. The Inspection Reports will be sent in batches and provided no less frequently than once a month
Resolution No. 11, 346 5
iv. Efforts will be made by ACDEH to create a summary report that can be utilized in Microsoft Excel ( e. g., an Excel file or file that can be imported into Excel) or alternate format( s) agreeable to ACDEH and the City.

C. Wholesale Food Facilities and Food Recovery Organizations and Services Wholesale food facilities, food recovery organizations, and food recovery services are not permitted by ACDEH and ACDEH is not responsible for performing any SLCP Regulation related services or activities to or for wholesale facilities, food recovery organizations, and food recovery services. For any wholesale facilities, food recovery organizations, and food recovery within the City Boundaries that are also a Permitted CEFG, and for which ACDEH conducts any inspection, City will be notified and provided a copy of the SB 1383 EFR Inspection Report.

D. Complaints
Investigation. ACDEH will investigate any complaints received regarding non- compliance with SLCP Regulations by a Permitted CEFG in City Boundaries. The determination from the investigation and any follow up by ACDEH, such as providing Education Materials or technical assistance will be documented on a SB 1383 EFR Inspection Report form or another format that records information related to the complaint and provided to the City and WMA.

2. Referral. If ACDEH receives a complaint related to a facility not covered in paragraph 1 of this section, but located in City boundaries, ACDEH will refer the individual making the complaint to WMA and City and/ or forward the complaint to the City and WMA.

3. Assistance. Ifrequested, ACDEH staff will accompany City and/ or WMA staff to investigate complaints at Permitted CEFG facilities within City Boundaries.

E. Enforcement Assistance to Member Agency
Record Keeping. ACDEH will document observations and forward the SB 1383 EFR Inspection Reports to City for recordkeeping pursuant to 14 CCR 18991. 2, enforcement pursuant to 14 CCR 18995. 4, and assessing penalties pursuant to 14 CCR 18997.2.

2. Responsibility. In accordance with 14 CCR Section 18981. 2( c), City shall remain ultimately responsible for compliance with its responsibilities in the SLCP Regulations within City Boundaries.

3. Timing. 14 CCR 18995. 4 requires that City take enforcement action on violations of SLCP Regulations beginning January 1, 2024. ACDEH is not and shall not be responsible for any enforcement actions required of City except as specifically set forth in this Retail Food Facility MOU.

4. Notices of Violation. Starting in January 2024, ACDEH will issue Notices of Violations to a Permitted CEFG, pursuant to Section 18995. 4 ( a)( 1).

Resolution No. 11, 346 6
a. ACDEH shall conduct follow up with the Permitted CEFG to verify compliance required by the Notice of Violation. The follow up may be conducted in person or virtually, through submission ofpictures, documentation or other materials or methods.
b. ACDEH shall document compliance with the NOV or report that there has been failure to comply and provide relevant documentation to the City and WMA but is not responsible for any further enforcement actions.

C.

5. Testimony. Ifrequested, ACDEH staff will be available for testimony in any enforcement action brought by WMA or City and any appeal proceedings. a. City will provide as much advance notice as possible for any hearing date. b. City will conduct at least one preparation meeting with any ACDEH staff that is needed to testify which, by mutual agreement, may be done in person, virtually or by telephone.

6. Responsibility. Other than the assistance identified in this MOU, City has full responsibility for its responsibilities in the SLCP Regulations, including but not limited to issuing any Notices of Violation, conducting compliance follow up, enforcement actions, due process, hearings, assessments, and collection of penalties, and/ or other remedies.

F. Educational Materials and Webpage
Compliance with its responsibilities in the SB 1383 Regulations is the sole responsibility of City. l . Creation. Creating and printing of Education Materials is the responsibility of the City. City will provide, or arrange for the provision of, printed copies of the Education Materials to ACDEH for distribution in accordance with this MOU.

2. Webpage. ACDEH will create and maintain a webpage with general information about SLCP Regulations, Edible Food Recovery, and a list of Food Recovery Organizations and Services ( FRO& S) operating in Alameda County. City may request that ACDEH provide information specifically related to City ( such as contact information), however, nothing in this agreement obligates ACDEH to include information on the webpage at the request of or specific to City.

G. Training
ACDEH shall provide training to its ACDEH inspectors who conduct Retail Food Facility inspections on the requirements of the SLCP Regulations, completing the SB 1383 EFR Inspection Report, handling complaints and issuing Notices of Violation.

Resolution No. 11, 346 7
H. Costs

1. Starting with compliance inspections in 2022, ACDEH will track its time and costs spent on SB 1383 inspections and follow- up activities over the first year and then coordinate with WMA and Member Agencies to consider appropriate reimbursement moving forward after 2022, or as ACDEH or the City determines is needed. ACDEH will track the time that is spent on services and activities provided under this MOU and related activities. No reimbursement oftime and costs will be required for services in 2022; however, City will be responsible for costs of services provided under this MOU and will coordinate with ACDEH for appropriate reimbursement from the Member Agencies beginning in 2023. City agrees to cooperate with this coordination and understands that as the entity responsible for compliance with SB 1383 Regulations in City Boundaries it is responsible for costs beginning in 2023. For purposes of clarification, City is responsible only for costs of services provided related to Permitted CEFGs that are within City Boundaries. City will be provided notice prior to any request for direct reimbursement.

2. Beginning on January 1, 2023, ACDEH will charge an average flat rate for each SB 1383 inspection of a Permitted CEFG ( SB 1383 Inspection Cost). The flat rate will be based on the average time spent on SB 1383 inspection and technical assistance while at each Permitted CEFG, and the related administrative work such as uploading inspections results and providing report copies to Member Agencies and WMA during 2022. It is estimated that the average time will be one to two hours for a cost of $174. 00- $ 348. 00 per facility inspection. ACDEH will provide notice to Member Agencies and WMA on or prior to November 1, 2022 of the SB 1383 Inspection Cost and City will have until December 31, 2022 to provide notice if it wishes to terminate this MOU effective January 1, 2023. As NOV' s and enforcement are not required until 2024, the costs related to such work will be provided by ACDEH on or prior to November 1, 2023. Services related to issuing NOVs and providing testimony will be provided at the same hourly cost on which the inspection cost is based.

I. General Provisions

1. Term. This MOU is effective beginning on the date that both parties have executed the agreement ( the Effective Date) and shall terminate on March 1, 2024, unless extended in writing or terminated early.

2. Termination. Except as provided in Section H.2., City may terminate this MOU with fortyfive (45) days written notice to ACDEH. ACDEH may terminate this MOU with forty- five 45) days written notice to City.

3. Conflict. In the event of any conflicts between this Retail Food Facility MOU with the MOU between WMA and ACDEH, this Retail Food Facility MOU shall control for services provided to City.

4. Compliance Responsibility. In accordance with 14 CCR Section 18981. 2( c), each City shall remain ultimately responsible for compliance with its responsibilities in the SLCP Regulations within City Boundaries.

Resolution No. 11, 346 8
Notice. All notices, requests, demands, or other communications under this MOU shall be in writing and provided by one of the following manners: ( 1) Personal delivery which shall be effective on delivery; ( 2) First Class Mail which shall be effective five calendar days after deposit in a United States Postal Service office or mailbox; ( 3) Certified Mail, return receipt requested, which shall be effective on receipt, if delivery is confirmed by a return receipt; or 4) Overnight Delivery, with charges prepaid or charged to the sender' s account, which shall be effective on delivery, if delivery is confirmed by the delivery service. Addresses for purpose of giving notice are as follows:

To ACDEH: Alameda County Department of Environmental Health 1131 Harbor Bay Parkway
Alameda, CA 94502
Attn: Director of Dept. of Environmental Health
To City: City of Newark
37101 Newark Boulevard
Newark, CA 94560
Attn: Environmental Services Manager
Any party may change its address by giving the other party notice of the change in any manner permitted by this MOU. Any notice by email is considered a courtesy notice but shall not be effective until provided by US mail, personal service, or overnight delivery.

6. Entire Agreement. This MOU, including the recitals, all attachments, exhibits, and any other documents specifically incorporated into this MOU, shall constitute the entire agreement between ACDEH and City relating to the subject matter of this MOU. This MOU supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The MOU may not be modified except by a written document signed by both parties. No supplement, amendment, or modification of this MOU shall be binding unless it is in writing and signed by authorized representatives of both parties.

7. Heading. Headings herein are for convenience of reference only and shall in no way affect interpretation of the MOU.

8. Severability. If a court of competent jurisdiction holds any provision of this MOU to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions ofthem, will not be affected, unless an essential purpose of this MOU would be defeated by the loss of the illegal, unenforceable, or invalid provision.

Resolution No. 11, 346 9

4. This MOU shall be governed and interpreted using the laws of the State of California. The venue of any suit filed by any party to this MOU shall be vested in the state courts of the County of Alameda. The pursuit by any party of any specific remedy shall not exclude any other remedy available to the party.

IN WITNESS WHERETF, the parties have executed this MOU on the dates appearing below their respective sig4atuves.

CITY OF W .

By:

N e: vid J. Beno i
Title: City Manag
er
Approved as to Form:

By: e_v--
C Jennifer Faug t, S ecial Counsel
Date:

ALAMEDA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
By: Arg
r r
Date:, iZApproved as to Form:

Donna R Ziegler, County Counsel
i
By:

Kathleen Pacheco, Senior Deputy County Counsel
Resolution No. 11, 346 10
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on May 12, 2022, by Council Member Collazo who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Collazo, Freitas, Vice Mayor Hannon, and Mayor Nagy
NOES: None
ABSENT: None
SECONDED: Vice Mayor Hannon
AT ST:
s/SHEILA HARRING iONE
City Clerk
APPROVED AS TO FORM:
s/ KRISTOPHER. IKOKOTAYLO
City Attorney
APPROVED:
0117
s/ ALAN L. NAGY
Mayor
Resolution No. 11, 346 11

Item  D. 9.

DATE 06/25/2026
TO Honorable Mayor and City Council Members
FROM Howard Young, Public Works Director
SUBJECT    Approve a resolution authorizing the City Manager to execute a second amendment to an agreement with the Alameda County Fire Department for fire truck parts and service in an additional amount not to exceed $400,000 and amending the budget.

SUMMARY AND RECOMMENDATION
The City owns a fleet of fire apparatus and support vehicles that requires specialized repair and maintenance services. The Alameda County Fire Department is designated as the local Pierce Manufacture warranty repair center for our newly purchased fire apparatus and therefore is the only vendor that can perform these services on certain vehicles. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with the Alameda County Fire Department for maintenance and repair services for City-owned fire apparatus in an additional amount not to exceed $400,000 and a budget amendment in the amount of $150,000 for Fiscal Year 2025-26.

BACKGROUND
Newark owns four (4) fire apparatus. There are three front-line apparatus and one reserve unit. The four vehicles include 252, the front-line aerial ladder truck, 243N, the front-line pumper assigned to station 29 on Ruschin Drive, 242N, the front-line pumper assigned to Station #27 on Mowry Avenue, and 241, the reserve apparatus. All four apparatus require annual maintenance and occasional repair. There are a limited number of Pierce certified maintenance facilities in California. The two facilities closest to Newark are Golden State Fire (GSF) in Tracy, and the Alameda County Fire Department (ACFD) repair facility in Dublin, CA. Due to Newark's proximity to the ACFD Dublin repair facility as compared to the GSF repair facility in Sacramento, and Newark's continuous relationship with ACFD as our contract fire protection department, Newark's Pierce apparatuses are typically maintained and repaired by ACFD. The fiscal year maintenance schedule for these four apparatuses is 241 (reserve) in July of each year, 252 (front-line aerial ladder) in November of each year, 242 (front-line pumper) in April of each year, and 243 (front-line pumper) in May of each year. In addition to the annual maintenance performed on each apparatus, there are also repairs that need to be made to keep the apparatuses fully functional and properly certified.

DISCUSSION/ANALYSIS
The City of Newark contracts with the Alameda County Fire Department (ACFD) to provide fire protection and emergency response services within the City. The City owns fire apparatus used by ACFD personnel to deliver these services. These apparatus require regular preventive maintenance, inspection, and repair to remain operational and to support reliable emergency response.

ACFD maintains a vehicle maintenance program with personnel experienced in servicing fire apparatus and related emergency response equipment. ACFD is familiar with the City’s apparatus, the equipment installed on each vehicle, applicable maintenance requirements, and the operational needs of the fire service. For these reasons, ACFD is qualified to provide maintenance and repair services for Newark’s fire apparatus.

The proposed second amendment would continue the same scope of services for City-owned fire apparatus, which may include routine maintenance, unscheduled repairs, parts replacement, regulatory inspections, and other work needed to maintain the apparatus in service-ready condition. ACFD charges for authorized labor, parts, materials, and related costs in accordance with the attached agreement and labor rates effective July 1, 2025 and July 1, 2026. Due to unforeseen repair needs in Fiscal Year 2025-26, a budget amendment of $150,000 is requested to cover those costs.

Amending the existing contract with ACFD will provide continuity in the maintenance of the City’s fire apparatus and will allow maintenance activities to be coordinated with the agency responsible for operating the equipment. This approach is expected to support timely repairs, reduce apparatus downtime, and promote consistent maintenance practices.

FISCAL IMPACT
The recommended action authorizes a second amendment with the Alameda County Fire Department for fire truck parts and service in an additional amount not to exceed $400,000.

A Fiscal Year 2025-26 budget amendment of $150,000 is required to cover unforeseen fire apparatus repair and maintenance costs. The amendment would increase the appropriation in the Equipment Maintenance Internal Service Fund, GL account 703.87.703.671.6261 – Equipment Repair and Maintenance.

The additional appropriation would be funded from available resources in the Equipment Maintenance Internal Service Fund. Funding for the remaining term of the agreement is included in the 2026-2028 Biennial Budget. If costs exceed available appropriations in any fiscal year, additional City Council approval will be required.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Nicholas Icasiano, Maintenance Supervisor Reviewed by - Scott Alman, Consultant
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Alameda County Fire Resolution
Alameda County Fire Department Fiscal Year 2025-26 and 2026-27 Parts and Labor Rates
Agreement - Alameda County Fire Department Fire Truck Parts and Service RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 2 TO THE

CONTRACTUAL SERVICES AGREEMENT WITH ALAMEDA

COUNTY FIRE DEPARTMENT FOR FIRE TRUCK PARTS

AND SERVICE AND A BUDGET AMENDMENT FOR FISCAL
YEAR 2025-26
WHEREAS, the City of Newark entered into a contractual services agreement with Alameda County Fire Department for fire truck parts and service effective September 16, 2024 (“Agreement”); and
WHEREAS, the Agreement was first amended May 20, 2025; and WHEREAS, the Alameda County Fire Department has provided satisfactory service throughout the contract period; and
WHEREAS, the City desires to approve Amendment No. 2 to extend the Agreement through June 30, 2027 and authorize additional fire truck parts and service work in an additional amount not to exceed $400,000; and
WHEREAS, approval of Amendment No. 2 would result in a new total Agreement amount not to exceed $474,999.99; and
WHEREAS, unforeseen fire apparatus repair and maintenance costs that have occurred require a Fiscal Year 2025-26 budget amendment in the amount of $150,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves Amendment No. 2 to the Contractual Services Agreement with the Alameda County Fire Department for fire truck parts and service, extending the Agreement through June 30, 2027 and authorizing additional services in an amount not to exceed $400,000, for a new total Agreement amount not to exceed $474,999.99.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute Amendment No. 2 to the Contractual Services Agreement with the Alameda County Fire Department in a form approved by the City Attorney, and to take any and all actions necessary to effectuate the intent of this Resolution.

BE IT FURTHER RESOLVED that if costs exceed available appropriations in any fiscal year, additional City Council approval shall be required.

BE IT FURTHER RESOLVED that the City Council hereby approves a Fiscal Year 2025- 26 budget amendment in the amount of $150,000 to cover unforeseen fire apparatus repair and maintenance costs as follows:

TO: 703.87.703.671.6261 Equipment Repair and Maintenance $150,000 FR: 703.3000 Unallocated Fund Balance $150,000

Consulting Services Agreement between
City of Newark and Alameda County Fire Department

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
ALAMEDA COUNTY FIRE DEPARTMENT – SOLE SOURCE

FOR FIRE TRUCK PARTS AND SERVICE
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and Alameda County Fire Department, a corporation, with offices located at 6363 Clark Avenue, Dublin, CA 94568, (“Consultant”), (together referred to as the “Parties”) as of , (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on JUNE 30, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged and in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed FORTY-NINE THOUSAND NINE HUNDRED AND NINETY-NINE DOLLARS AND 99/100 CENTS, ($49,999.99) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except Docusign Envelope ID: 111FDB6E-A442-453A-A95B-70A461F3BE33 September 16,2024
Consulting Services Agreement between
City of Newark and Alameda County Fire Department