Agenda packet — City Council and Authorities Concurrent, January 11, 2022 (part 6 of 6)

FINISH OPTIONS
...

BLP
WP
NP
oc
I SC
"°"m"""'
Black Par11t
WhruiP:abt
N:mrr.il Aluminum Palrtt
OpuorQI Cdor Parrtt
SplclfOICtn#~•
1W. aa:,oe,.u;, II( OCAAl.102f.
=.~-~
11 4.+L~
• LF
PC'
PCR
...

QS'
QST'
Qt24"
QT9'24~
SPA"
TRI"
TRl"
PTl'l
PTl'l
PT1'4
MF•
u " u ••
LIOU

DIMENS IONS AN O EPA
22 1n·
57 . .2.S an
1611 CIOfk 8.ula:lr lflollll, San ""n.,,x,TX 1'"'
,_,,b,..,.
b .Ul'ICll'b-Pdo ~bi
Photocontl"OI :at1d R.r.acapciclo
Photoconuol ~do only
b lO'TQI Mou$C1$1do Shkllcl
°""""'""" Qu;uu S=ndby • TIITIGd Ootry
QwuE,nuzol'IC)'
0-r.uu E,nuzonq • Tmocl Ckbr
$qU'.lf"IIPokt~r
Slnj:o Tr:atd:'llon
Twtn Tr.if'ISl'tlon
Polo Top l=l!Ulr • 2 l N' • 1• 01:l. Tuw:r,
Polo Top l=l!Ulr • l" • l in• Db. TUlOtl
Polo Top l=l!Ulr • l I tr . 4• Db. TUlOtl
---lunlStrip &.Im , hour
wn15u;p &Im 8 hour
lunlStrip &.Im IO hour
l
8 1/2"
ll.S4 cm
(IOO) ll7.07st (SI 2) 7SJ➔ l oot FAX:{l l l) 7SJ-1lSS IIUl~com e i!Otll(orNlfUPrapc:~ N.'<( Mqtu "--"W.

Plap: awo.:oru-w ,vn 10~~11: or IIWX!lffthtelel\JI orlU: p~ ~ norJ"aUon • pan orth(I o::irripanff: oonun.q: Jl'O:llel mp-fll'OP1'!I. 1'115--l lOICMl l
Gullwing
G 13 Area Luminaires
&NOi: IWOlb:I • • 4&Jth:odtfJ'OG't ~'llllL"'fG.
,. ,fJIJw~b!:11mea:.H«~wm~
EMC,.CMHf. orCMl'Eiw--
l dAilqlhd"" ~ "'~ ~• ~
H. M0UC llHI l.31Yf' o,p tiRn!plQy O,... IOlll

3.00•~0A,....~UQ111tb1.
l1.~•o l.3i'e'OJ);-,:or;a
,u..-. ·wm Qlc.eielNl:tflOI"' ~ .s..~._
GDOO.OO.Sttr~~"'~Or:bt,.

EPA
! l J.4
.Q ftl 1.6 ft' 2.2 It'
.07 "' .I Sm' .lO tn'

PHILIPS
0, GARDCO

31 Featuring the CosmoPolis Electronic HID System Gullwing

Page 3 ends

SPECI FICAT IONS
GENERAL DESCRIPTION: The Ph1l1ps Gan:lco Gullwwig IS an area lum1na1re defined by It$ sleek profile and ~ construct!On.

The housing IS one-piece.. die cast a.lOO'lll'Klm and mounts dlrecdy to a po)e or wall wttho u: the need of a separate S'-l)pOrt arm. The romable. multJface«.>d ~ dup)lcamg optka) systems pl'OY1de JES Types II. Ill. and IV dlstnbuoons . The door frame IS SU'lgle-pleee dlec.ast UJm:r11 . .m and reu1ns an opuc.all)' clear tempered flat glass lens. The tum1na1re IS completely sealed and gasketed preventing .. cruston from moisture, dust and insects. GulhiYlllJ IOO'llna.Jres a.re flrmhed with a hde and abrasion reslSWlt T GIC pow<len:oaL HOUSING: A one--plece die cast alOO'JWILITI hou!:llg ll'IOIM'ICS dlrecdy to a pole or wall Yttthout the need fi:>r a suppon a.nn. The low profile t'OIM'lded form f't!lilces the ell'ecuve p,qected area of the klm1na1re to only .8 fr.7-/.07m,.

LENS ASSEM BLY: A sIngle--p«e die cast allm:rium lens frame hinges down from the hous:1ng and IS seourtd by a stUl less steel lanyard and hlllie pin. NI opucally cleu. heat and Wfl>,la rt!SISWlt ~ ftu glass lens IS mec:hanlCally seclftd With SIX f't!QJ'lers. The elecU1Cal <fld opac:al chambers are d'lo~ ly sealed "'1th a ~e memory re<en lM! h olOW-Con! EPDM gastet: to prevent WIO'\JS)Oll IYf mo£ture,0Js:t.and lns:ectS.

O PTICAL SYSTE MS: The segmented opucal systems are
manufactured from homogenous sheet aluminum which l\as
been electrochemltilly br !ghte.ned. anodized and sealed. The mu1uf.tceted arc image <luplicaung systems are designed to prod uce IES Types II (2XL). Ill ()XL). and IV (<txt). The reflector faceu form a conical fan around the arc tube with each facet posruooed to be pr«.tsely tanaoot to the top of the arc tube. The lampholde.r Is: glazed porcelain With a nlCkel plated screw shell.

HID lum111a1res feature porce.tun med-.m ba.se Jampholders.

G 13 Area Luminaires
Floorecent IOO'IW1aIm use a Mec1Ii.rn Throw reflector with a Sollte® glass lens (MTS).

EMC I umioaires· In the event of powet Intemipt10n. integral battery p,1ck wll) power (I) l"lW compact t1uorescem lamp at reduced light levels for a m1111mum of 90 miootes. Maintooance free bane.ry 1s med for ambient tOO'lperatures down •◄'"Fi• 20"C. lncllcator llgl'lt IS Y1Sble thl'OIJ$l the !Ens. A test ~ltCh IS access:tble through the door assembly. EMC unns <lo not bear CUL label ELEC TRI CAL: AIJ electrlCil compooents are UL recognized. factory tested. and mounted on a uniti zed plate with quick elecutcal dlScooneru. For lum111a1res provi ded with Cosmopolis. each htgh power factor ballast 1s electronic. desIaned
speClflcally for the Cosm0PolIs high perfo rmance ceramic metal hallde electronlC sytem. Each HID high power factor ballast Is capable of prov1dIng reliable lamp starting down to •20"f/.29'"C. Standard fklorescent ba.ltasts are solld st.te.

FINISH: Each st.ndar<I color lumIna.1re recelYes a fade and abrasion res!Stant. electrouaucally applle<I. thermally cured. trIglyc1d.al ISOC)'3f'Klrate (TGIQ textu red pol)'estet powdercoat nn1sh. Stlndar<I colors Indude bronze (BRP). blact (BlP). wtllte (WP). and natural aJum1oom (NP). Consult factory for specs oo opuooal or custom <Olors.

LABELS: Afl lum1naIres bear UL or CUL (whett! applk:ab le) ~t locauon tabefs.

WARRA NTY: Phl1')s; Garcko lumInaIres feawre a S year 1:rn1tec1 w.uranty. See Warrancy lnformaoon on www.S1tellif1t1na.com for corq:,lete <letaJls ¥Id excllslons.

FULL CUTOFF PERFORKA.NCE: fUI (UOIJ~II mww: a llClilflj'.l'O ~ n ""1Cfftl: f'O QldC$I fll..o::,«c.Wl a ;an ¥lz,t llt Ol ~90• abO'WII io:tlr , AddlOOOU)', UHI Onoe11 pw 1000 ~ ll!IWII: 00«: not.._.,,. -d IOO (10 pl!P\'lalC) a i vwtla l ¥lz,t Of_, lll)O,(l io:tlr, TNJ ~ «i d 1:1Un111:'.!fCi' lll'OIJ~ Ult l;!f!Nlftl .

CUTO FF PERFORKA.NCE: Cw,11~11- a ~CIWellUOll~U.QncNQpl! r 1000 ~ ~40$:l,notlUIWtcdyllXOICld ll(U pctt-) ltllll ••or~90•ll!JOWl~ r:.inc1 100(10pcn11->•11~q1t or 1C•ll!JOWl~" ·Tllll ~ to al1bulr11~lll'Ol.ridthllkmrdll . 1611 OOWtc8 •WRoid. SU.N-, TX7H U
{IOO) in.ors• (SU) 1n.1000 FAX: (SU) 1n.n ss -.i:11p u11-~om &l011 Kon~Ph . ~ N.V. A.1RtiJUA~
Phll)C ~"' .... thll'I M «I ,rwrpmaera ormoclfythll<Sq n Ol llpt'OCll(l Wt!ICM !IIOClflc:Ooll, :U pat\ (I( t!Ht o:,mpli,' l «11.irdf pt'OCll(l lll'p'O't19'11C11'1t ~ 7' 11 S, 1)0.(M tl

PHILIPS
0, GARDCO

32 job: L EVI'S STADIUM
Type: FE8A
Notes:

Featuring the C-0s moPolis Electronic HID System Gullwing P>ge I of 3 G 13 Area Luminaires
The Phillps Gardco GullWl!'I IS an area klm1na1re de&ed by ltS sled: prol'lle and rugged constrUtOOn.The housing IS one-l)k!Ce.. die cast U.11'1\YU'n and ITIOll'lts direct.I)' to a pole or WJ1I without the need of a sep,mte wppon:
arm The rot.t.ble, multtfaceted a.rt-image lilpl1caung opucal systems pl'O'Ytde IES Types D.111. and IV dlsut>uuons.

The door frame IS m gle-piece die cast alt.rnl'lum and rei;.1ns an opocalty dear tempettd !lat glass lens. The IOO'llnalre IS completely seaJed and gasketed preYentlng Intrusion from moisture, dust and 1nseru . G~g I001ria1res are l'ln1stied With a l'ade and abrasion res:i~ nt T GIC powdercoaL f lat gtm lens I001ria1res p1'0¥1de full cutoff perb1T1W1ce. Sag Lens lum1na1res provkle cutoff perb1T1W1ce.

P REFIX MOUNTING DISTRIBUTION WATTAGE VOLTAGE FI.N.ISM OPTIONS ._I G_13 _ __,H ws H 4Xl H 140CMPE H 200-211 HIRAL 7045 GRAY El!ter the ol'dcf <ode ~to the appropn:,tc &c.: ~ . N:itc:Gart.b f'CSC1'l'ICS tic """ to rtfrM o c~rod:itl. Not di~ ond c01fruroo orc voll1. P,t[c, to tJotes bcbw fot ~ ond ~ ror q,;.,cswns or Olll1t;;CT'1t.. ,-.,SC cons.It the (Ol'blrf.

PREFIX MOUN TING
I G 13 tr GullwW!g Lum1na1re I
l
Single Pole MOll'lt

DISTRIBUT ION
lXL
l XL
G 13EHC' tr Guliw..g Lum1na1re
EITlefiency Cold Tertl)Mlwre
l@ff
3 3@12001
•
Tw.i Pole MoLl'lt at I ao•
Tw.i Pole MoLl'lt at 90'"
3-wq Pole Mount at 90"
3-wq Pole Mount at f 20'"
◄•wq Pole Mount
I 4XL
H IS>
Type 11. Horttooa l l.anl>
!JII. Honzontal LaJ!l
OOtlll l..an1> l
with Soi Lens
f.hollotJc ltVI (1J J2W bmpso.'111 MTS op110 o,.i,.
(IJ J111tf~m-,crqmcdc. w Wal MOll'lt. Recessed J•Box l Nat ow:ilbfile wntJ ITT oplbl. l.A'w:ill:& wntJ Jlwmc~ $(11'.Jl'US .,,..,
1ws w an MOll'lt. Surface Condon I
WATTAGE AN 0VOLTAGE
LAMP / VOLTAGE C MART G i l MIO
~
Hl£l
.!l! , .. 140 277
"' ...

CounoPoUr
60CNPE . 200 • 111V
90CNPE . 200 • l77V Electionlc HID l "°OIP E . 200 • l77V System Co,moPoh qstoms V9 SQpplied with W't'lp indudod.

SOHM . .

A,l,,.,fe.,,t: /Ol"IH . . . . .

MddMalidc
Mqnc,tic &i'ost IOOMM . . . . .
1$0MM . . . . . ,.,,,,,,. 17SMM• . . . . .

MgdMolak* • I 15Nf.4 ,_ -•oblc lot $Ole VJ the <hted ~ . """"""
70CHME' U NIV'
Ccn:.onicMCfdHdtde 10001.ME' U NIV'
£1eairi:&.b1 1$001 M['(D U NIV'
SOMPS . .

H.ifiPrcuure 70MPS . . . . .

Sown IOOMPS Mcp-tic &tost . . . . .
1$0MPS . . . . .

1.owlm:wrcSodun l t LPS . . . .
®
Wottorcs mcn'b,d w«.h Otdc ·r med ft:dctd Mtf'fl~ st41'Jd,.'lfl opjlkotJc to ISO~ dlroup 500wcu mrtd haOde J.untul'cs odf. ~ ,nodr.Nwftfl o dot . wr.ti"'UNrf" or wti'I "100.111V"' cn~fe for~- 16 11 Clo'wis Bilt'ki:w~ , SanH.u,c " ,TX 78666
(800) ll7.07SI (Sf 2) 7S).I 000 ~ (SI 2) 7$) .78SS sit.1111igflting.<o m 0 2012 Kon~ Rfl1ps EIOCV'IXfcs N. V. All Rlqta R,uor-w,:,d.. . .
.
. .

LAM P I VOLTAGE C MART Gil F~ K•n
~
Volap
C!l!IS Bm l:bX! ill I 10a I 1,0 I 111
"' , ..
l}llTRF-" U N IV' .
l)42TRF-" U N IV' .

I .Atte !YSllIAGE Cl::IABI. Gl l Etu::::
.....,,M,
-l!!!ll!2tm2: ~ 120 I 10a I 1,0 I 111 I 1,1 I 430
(1))2TRJ:W . I I I . I I
CF C«np«t &ii~ TN Tr,;\-Tube lborcscmt

4.~0lldCMK tdb:su«c:tpC: f2(Ntf11wifi 2TN.SCl1ttoOClti.i'JJ)Ut ~'1.JNIV"'fi,t /]l)V ~ 211V.

5. Lomp#Mtlf ~ a err 1.1r c.

6. ror Ol!Cizc,,q' lllodc i.mcn otq>ut iaec $IXl'l!l!td d1'tJJ !beet 791 IS.ISS. "Go-«o ~ I.ff!( Olltput "'~.,

7. (I) l«11p opct«tt II~ modi:.

PHILIPS
Phltps G:irdco r -s the rf£ht to challfO tlUalrlals or inodlfy dto dd£11 of its pr«bct WW'IOJt noctfbuoo .u p.vt. of lhoccrnpariy's oo~ product~~ P"Cf:nln. 0, GARDCO 7911S.ll0Ar112

33 Featuring the C-OsmoPolis Electronic HID System

Page 2 of 3 ends

FINISH OPTIO N S
BRP
BLP
WP
NP
oc
SC
Bronze Pall'lt
Black Paint
Wh1tePa1nt
Nawral AJum1oom Paint
Opuonal Color Puit
~Of,tJondCdtX0t
RAL cr.oc.lfl « OCJW10lt.

Spec"'...,, I

OIMEN SIONSANO EPA
F
LF
PC'
PCR
HS
QS'
I~~.

QT92<'
SPA''
TRI"
TR211
PTF'2
PTFl
PTF<
Mf'1
L&U
l 8u
u ou
fUS:lrti In Head
ln-Unetln-Pole Fusing
PhotocontrOI and Receptade
PhotocontrOI Recepcacie only
lntemal Houseslde Shldd
Quartz Standby
~ uartz Stan;;; Trned Delay
_ uaru Eme_ y I
Quartz Emergency • Timed Detty
ScJaare Pole A<laptef'
S•~ Tranwon
T"'111 Tr.ris1t10n
Pole Top Fttter • 2 ) /g< • 3" Dia.Tenon
Pole Top Fttter- 3•. 3 1n· Dia.Tenon
Pole Top Fttter • 3 112" • ◄" D ia. Tenon
Mast Arm Fttter
Wl'IISt:ep Ballast 6 hour
l.J..m1St:ep Ballast 8 hour
l.J..m1St:ep Ballast 10 hour
r-2_2_1_,2_" ---
1 ~-"··
l --
1611 CIOWs Barker Ro ad, San H wcos,TX 71666
(to0}127 ..07SI (S 12)7S3,.1000 ~ :(St2)7S3.78H sitoligtlta'lg.com 0 2012 b~lke Ft.Ops 8ciwo nb N.V. All Rl£t,a Re.-.ocl . 8 In"
2 1.5◄ an
!
Phltps Gvdcorci.-- tho ttiftt to cf'wtt:1 rra~ or modfy bdc,in ol 11$ pro6:Kt without nwfbuon .u ~rt oflh, comp~'s CCIIICff.lbt product ~OYlltflltll p,'CCr:lm. 791 IS.llOI0412
Gullwing
G 13 Area Luminaires
I.No t OMOtiJc., ~ Plolli- lf)(dkc r,pr.t. •re•

9. IOOwQUMt bnp l'l'lQI(, Nx od:& w.tfl lboicxmt
£.MC,CMl-l,Eo,CMP[~

10. Rc,qur«I fr,, mounll,i to #.'o,hl squwc po,'IS.
tt. ~110ol-Jlfl'toptcnM.~opokw;t1i
l .OfT top 0.D.fot o .l'flOOdi ~ -

11. ~ IIO o 2-3111' O.D. mos:i oim
IJ.~ web Cwnd'ob ~ °"f.Stt sutm.'tt.dsflct:t
GDQ?-005 fr,,~ lft,,in«l:)n on 1.r.n!1Seepbobts .
t
4 3/4"

12.14 cm
-·-
!
.8 ft'
.07 m,
EPA
1 3-4

1.6 ft' 2.2 ft'
.I S m' .10m1

PHILIPS
0, GARDCO

34 Featuring the CosmoPolis Electronic HID System Gullwing

Page 3 of 3 ends

SPECIFICATI IONS
GENERAL DE'SCRIPTION: The Phili>s Gaecko Gullwing is an area klminaire denned by ks sleek profile and ru,22:ed constru«icn The hous ing is o ne-piece . die cast aluminum and mounts direcdy to a pole or wall without d\e need of a s:eparate support ann. The rotatable , multifaceted arc-anage duplicating optical systems provide IES Types U. UI. and IV distributions. The door frame is single-piece diecasc aluminum and retains an optically clear tempered flat glass le ns. The lumina.ire is completety sealed and ga.sketed preventinz il'\truiion from moin:ure. du~t and intc.x_.u. Guflwing tuminairH are finished with a fade and abrasion resistant TGIC powden:oat.

HOUS ING: A o~iece die cast aluminum hoos ing mounts directly to a pole or wall without the need for a support arm. The low profile roonded form reduces the effective projected area of the lt.minaire- to only .8 ft7./.07m~.

LENS AS'SEMBLY: A single-piece die cast aluminum lens frame hinges down from the hous ing and is secured by a stainless steel lanyard and hinge pin. An optically clear. heat and imp.act resistant tempered flat glass lens is mechanically s.ecured with six reo.iners. The electrical and optical charooers are thoroughly s:ealed with a one-piece memory retef'lltivE hollow<ore EPOM gasket to p~ nt intrusion by moisture. ciist. and insects.

OPTI CA L SYSTEMS : The seg me nte d o ptic al syste m s ar e manufactured fro m homoge nous sheet a luminum wh ich has bee n e lectroch emicalty brighte ne d. a no dized a nd seale d. Th e multifacete d a r c image duplicating syste ms a re designe d to p,oduce IES Types 11 (2XL). 111 (JXL). and IV (4XL). The reffecto, facets form a conical fan around the a rc tu be with each facet pos itioned to be precisety tangent to the top of the a rc tube. The lampholder is a, azed porce lain with a nickel plated sc rew she lL HID luminaire-s featu re porcelain medium ba-se lampholders.

G 13 A rea Luminaires
F=luoresicent luminaires us.e a Medium Throw re8ecto r with a Solite® glass lens (MTS).

EMC Luminaires : In the e'Yent of power interru ption. integral battery pac k will power ( I) 32W compact fl uoresce nt lamp at reduced light levels for a minimum of 90 m inutes. Maintenance free batte ry is rated for ambient temperat ures down -4'"F/-20°C.

Indicator lght: is 'Mible through the lens. A test switch is accessible th-ouz h the door a.ssembty. El'1C units do not bear CUL label.

ELE CTRICA L: All electr ical compone nt,s are UL recogn ized . facto ry teste d. a nd mou nted o n a unitize>CI plate with quick electr ic.al disconnects . ~ r luminaires provided with Cosmopolis. eac h hig h powe r facto r ballas t is e lectr o nic. des igned specifica lly fo r t he Cos moPo lis high perfo rm ance ceramic metal halide e lectro nic syte m. Each H ID high powe r facto r ballast is capable o f prov id ing r eliab le lamp sta rting down to -20'"F/-29°C. Standard fluoresicent balasts are solid state .

FINIS H: Each standard color luminaft receives a fade and abrasion re sistant, electrosc:aticalty applie d. ther mally cu re d. triglycidal isocyaoorate (TGIC) textured polyester powde:rcoat finish. Standard colors include bronze (BRP). bbck (BLP). whi1!.e (WP) . and natura l aluminum (NP). Consult facto ry for specs o n optio nal or custom colors.

LABELS : All luminaires bear UL o r CUL (where applicable) Wet Location labels.

WARRANTY : Philips Gardco luminaires feature a S year limited warranty. See Warranr:y Informat ion o n www.sitelighting.com for complete details and exclusions.

F ULL CUT O FF PIERFORM.ANCIE: Ful cutoff p,;ri:irmance ~ .i ti~ <hv'lbutbrl whcif'II ,-o ancWa h:iin,ity occurs .it llll .uv!t lit er llbO'WI 90• ¥IOWI Nclk' . ~ly. thl andcb ptr 1000 bl'l'f) tmv:ns dOIJS not l'll.lfnOlblly t)((:o,;,d 100 (10 pcw,:tnt) .it a vor«al a0£it d SIY llbowo n:ldlr. This ;ippfle to• b.wnll afli,te .uound thl lurnll'Wl"IJ.

C UTOFF PIERFORHANC~ Cutdf !)lri:il'lnllllCll rnQQtG .i kmhllf'II dlwtbutrol'I wtiorq the andda P• 1000 bl'l'f) lurn1JN <blJS tl0ll ~ na lty C1XC.C10c1 25 (1..5 ~,w,t) lit an qk1 .it or abo¥190' ¥IOWI mdlr,and 100 (I0 por,:1nt) ata ylrtfal lllli,te of 90• abOo'I ,natr. Tks -191)1~ to al later.al~ .vound thl lurnl~re. 16 11 CIOWs B~ RN.d. San Harco s,TX 71666
(100) ll7.07SI (S 12)753- 1000 ~ (Sf2)7 Sl.71SS sitoligtlta'lg.com 0 2012 Kon~ Jke FWrlps IEl«v'IXllcs N.V. All Rltl'ia Re-ocl .

Phltp.s G¥dco rc-s thlJ 11tht to ch:irtf:$ rra~ or modfy b didlfl of IU pr«bct without ~ on .u PQrt of b company's collth".tnt product ~ YOmant Pf'CCr:111\. 7911 S.llO/tM 12

PHILIPS

G GARDCO

35 ! ;1
~
~
~
~
~ 3
~
~
~
3 ! ~
'i
5 ~
~
E •
I ~ STADIUM SITE PREPARATION PROJECT
! n ;ii ~ (MN<EREAOY WORK)
• CE11 -12-11

OVIL DETAILS

STORM DRAINAGE MA NHOLES
l!ff
ii 1m :• l!!1i1! "1"p j
II .• ~ I
' lf !q; ·~
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.................. ,-... _ .. ,,._, .... -...... -... ... .,---~ .. , ,,._,., .. .,, .. ,, .. .,._ ..... ,,., .. -,.-.... ... ,.,,... __ , ...... _.., .... ,, ................... .. . ,.,,, __ , ... , IJ .7 'l! I
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36 EXHIBIT “A-3”

PREFERRED FIXTURE SPECIFICATIONS

Phillps Gardco Gullwlng LEO GL13 area lumlnalres combine LED performance excellence and advanced Gardco LED thermal management technology with the distinct Gullwlng styte to provide outdoor are.a lighting that Is both energy effi cient and aesthetic ally pleasing.

Ordering guide
Requirements are identified
in the red boxes.

O.,c.k ..
-
C.-tiolt. Mountll'lf
-·
w ...... U:DColOI'
Not♦,:

ExampJ•: GL13-AP0-1-4-JOLA-643S-NW-120-BRP-U:
v .. .,.
"""" °'""' I I CJ D D I I CJ CJ CJ I I
[@!) - 1
t:°~"'yg)
Q.IUwl'laSuiictaldl.....-.airt Si,cl!
GU► OIM 2 [ onstarcwitii\ B"Gl.lhl"lllEDdhO. IOV 2~ 180' 0~ , ...
lJ' Gt.lhirta LED GU►~ 2@90 ' RelrofilKil O"Guhl-. LEOQh/ltJ10111R 3 p~~ l...'190" GUHIRtU
o• Gutwl" lEO...tth Mollon >2l20
)@120' Response •1 SOI I.ow ffU"ffll'\aire
mol.l'lll!dwl'dOI)
I ~ Gl1► APO-MRl:V
ll"Gutwl"JlEO...tthAPOwifl w
Monon Aesponst Owri<» W.illMw'lt
(JlfflNlilt fflOl.nltd 1«1SCI') .....,..
, e ..

Nit(~ -•(Sl~WiM)
SW ln~I~ \ • ws
SW-MRI l.urll'IMt~IIIOlio'I W.illMw'lt
Su-f,KJt ,e;.ponwopliO'l
I. Av,i~ t20--21TV.
2 Net ,v.ail@lewith i..rofil Kit:5(GL1).ltl().
] . Av.aiLll::t<t t20 01 21TV OnlJ-
ecn ....
4 . ..........,_airt doo1 "1.mund opllc u,:ent,ly pKNid!ld ~datd 'Mlh dtil litfl\)«Qd(USslt,. ,

5. Voltage r.nl be q>ociflfd
2 70LJr."3 S rrw 120 ... "
ru~irc
lvPt2 6,,1. LS>s. 3SOIIA Mtw.ilW tfle ,.. elackl>ilnt , .. ft-Un&'ln-~fia'III 3 '5Ut-lOlS <000~ WP 70 f'IIIR.( RI ,.. P(V,4 ~rol i ndR~I• Tyl)fl 80lED\. 350M --
(h:11..dnPCRS)
~
717 .. . • ( OOIV.hhe P(RSU• Photoctllfll!'ct-Dtad@orty'Al!h "tfpc-4 ,., l?l"OflrePlllnc 900K. 2 6nimirc oonnectiom
'
70 n1IR.CRI ... ,.
lyp,e5 II.IIIU11I
P(fll tv PhOtoctll~~~ottyW!h
(!I"'.) 2cim'nirc¥1d2.uriMry I~ Al-.mnum~I
~ (!lffi'l11\ljJ (()fl~dons
-
NW oc HS b_..•11-bMSQeShi8d ,Z:lfiiiACAI Op1lct1ilC010ts.-tr I
(341•-'80V) ....,_rcd,,-orR.U
"
lnlltl'NII Hou~ side 9iff:I
&. Not imalle with UOV.

7. v.bb wiltl ), pin Cl' S.pin NEMA ph010Ce1Vdi1nmlng ~c:111.

8. lfoldtted'Mth OUf,APD, NRl APO-NJl:l dirrnlswlDnotbe <OIYIKied 10 ti£MA tKfl)l«le
{I, Mounn 10 ~ l, l/V Top Ttnc:n Specify i tOl,l"ld pdt,._h a.Hf topO.D.f0ta.Stll001ht1a1uillOR.
•QG.l GPo-OC·#~ (typeS 21, ~
SC .. Mu1 Nm Fiti. t Moun!$ IQ
~ CMICClorSpe(:lly. i~Y8"0 .D.m~am.
.....,,...,,,.G>b- .... Sin.le Tr.-isition d ip..~fo,:lo,,Qr,,O:IM. ru• T'M'I Tr,miriO'l
RAL7045 I .,,.,. ~Tq>fiur
Custom Color 2w . ra~ T•non
Pm" ~ T(C)filtf
r • 3 Vl Ch. Ttnon
""'"
Pblelq>fia er
l v1. 4' Ota. Tenon
, ... Squwo~eAd,omt
.,. CU~J~tUM

10.Nc:t ,v,,ibbleln 110' mcunt;-.soonli~on, .

II RoQ1.iled fOf mo""ting 10 i111i.ht iQU1te polH.

12.SW cp:ionls.not.w, llblt 'i'ifl •"l' olfltroonlr01op1ionn ,ilhh tll!(fS)tson of SW-MRI fl'IOIICf'I tesponse cptlons ,

37 4i9 .. ~ ~ I 12.421 c~ rt= 851"
7 ~ :12cm
L_ 22.65"-----~

57.531 cm
GL13- MRI or GL13- APD- MRI Units

13.42"

30.087cm
EPA Data
2 1.6 ft'
.15 m'
a:A

2.2 ft '
.20 m'
Approximate Weight
Silgle Luminaire
33 lbs / 14.969 kg
Technical Data
LED
ClCTent
Ordering Code Total LEDs (mA)
70LA- 6435 64 350
85LA- 8035 80 350
10SLA- 6453 64 530
LED
Current
Ordering Code Tot al LEDs JmAJ
70LA- 6435 64 350
85LA- 8036 80 350
10SLA- 6'53 64 530
Average
System Color
Watts 1' Temp.
70 4000K
86 4000K
10 1 4000K
Average
System Color
Watts v Temp.
70 4000K
86 4000K
101 4000K
l umen
Outputu"'
6652
8064
9870
lu men
Outp ut111•
6731
8027
9388
Mot ion Sensor
Motion Sensor
Type2 Type3
Efficacy
JLPW)
95 95
97 sue
Rating
82- UO-G1
82- UO-G1
82- UO-G2
lumen
Outputuu
6750
8173
9385
Efficacy
(LPW)
96 95
93 Type4 TypeS
Efficacy
JLPW)
96 94
93 BUG
Rating
B1-UO-G2
B1-UO-G2
82- UO-G2
Lumen
Output tiu
6657
8025
9 139
Efficacy
(LPWJ
95 93
90 BUG
Rating
B1-UO-G2
B1-UO-G2
B2-U0-G2
BUG
Rating
B3-UO-G1
B3-UO-G2
B3-UO-G2

12. Wattage rooyvary by•/- 896 due to LED rooMac turer forward volt speci fication and ambient terr:perature. Ylatta,ge shown is average for 120V through 2TN inpot.

Actual wattage may vary by an additional •/-1096 due to actual input voltage-.

13. Contact Ovtdoorlighting.app([email protected] for-values not listed or if approXWT'late estirmtes ere required for- desig1 purposes.

14. LEO arrays featu:re LEDs that provide from 90 to 100 lumens per watt when operated et 350 mA. lumen veloes based on tests performed in oorr:plience Vdth IESNA LM-79.

Gullwing_Gl13_LEO 03/ 19 page 2of S

38 Luminaire Configuration Information
GL13
Phili ps Gardco Gullwing LEO standard luminair e
providing constant wattage and constant light
output when power t o the fuminair e is energized .

GL13-DIM
Phili ps Gardco Gullwing LEO luminaire provided
with O -10V dimming for connec tion to a co nt r ol
system provid ed by Phili ps or b y ot hers.

GL13-APD
Phili ps Gardco Gullwing LEO luminaire with
Aut omatic Profile Dimming. Luminaire is provided
with Oynadimmer. programmed to go to 5096
power. 50% light o utput t wo (2) hours prior t o
night time mid- point and r emain at 50% for six
(6) hours af t er night t ime mid-point . Mid-point
is continuously r ecalculat ed b y the Oynadimmer
based on t he average mid-point of the last two
full night cycles. Short durat ion cyc les. and power
interruptio ns are ignor ed and do not aff ect t he
det er minatio n of mid- point .

GL13- APO Dimming Pr ofile :
2 hour s 6 hours
100% f----+------11 00%
60%
Power On Mid Point Power Off
GL13 Drill Template
I
I 2.2s-
I (5.72cm )
----!-r_l_
I 2.17" I
: (S5 1an)
I I 3.84"
I (9.75c m)
+· - - - - . I
I
!----l-----
Gullwing_Gl13_LE0 03/19 p age3of 5
The GL13-APO off ers many of the advantages of a
sophisticated control syst em, including an aver age
energy savings of at least 33% versus constant
wattag e, const ant ligh t out put syst ems . wit hout
the need for a contr ol syst em.

GL13-MRI (Luminaire mounted sensor)
Luminair es with Int egral Mot io n Sensor inc lude t he OynaOimmer module and an int egral mot io n sensor.

The location of the integ ral motion sensor is shown
o n page 2. The DynaOimmer is progr ammed to
provide 50% power and fight output . unless mot io n
is detec t ed. Power supplied by the mot io n sensor
connected to the override fine on the Dyna Dimmer
t akes the luminair e t o high setting, 100% power
and fight o utput . when motion is detec t ed. The
luminaire r emains on high unti l no mot io n is
detected for the motion sensor duration per iod.
after which t he luminair e r et urns t o low. Dur ation per iod is fac tor y set at 15 minut es. Duration per iod is field adjust able. Available fro m 120 V t o 277V
input only.

MRI luminaires ar e p rovided with the WattSt opper
FS- 355- L3W motion sensor. with a maximum
r eco mmended 2 0 ft . mount ing height . The ar ea
coverage and range of the int egral sensors make
them most suitable for applic at ions not r equir ing
longe r ange det ec tion.

Gl13-APD - MRI (Luminaire mounted sensor)
Luminair es w it h Aut omatic Profile Dimming and
Mot ion Respo nse Over ride with integr al morion
sensor. (APO- MRI) combine t he benefi ts of
aut omatic profile dimming and motion r esponse.

The luminair e will dim t o 50% power. 50% fight
out put . per the APO dimming profile. If motion is
det ected dur ing t he time t he luminair e is oper ating at 50%. the fuminair e r eturns t o 100% power and
light out put . The fuminair e r emains on high until
no motion is det ect ed f or the d ur ation per iod.
after whic h t he luminair e r et urns t o low. Dur atio n per iod is fac tor y set at 15 minut es. Durat io n
per iod is f ield adjust able. APO-MRI luminaires use
the ident ical mot io n sensor as MRI lumaires . See
mot ion sensor details above. Available fro m 120V
t o 277V input o nly.

APO- MRI luminair es ar e avail able f rom 120V to
277V (UNIV) Input volt ages only.

APO- MRI luminair es use the identical motion
senso r as MRI luminalr es. See mot ion sensor
details f or GL13-MRI.

Side Cove rage Pattern
Top Coverag e Patter n
2H
Distances are approxim ate.

H = height above ground
SW
SiteWise option is a f ully integrat ed contro ller
that connect s t o Philips Sit eWise syst em in order
t o o ffer a complete ar ea light ing managemen t
sys t em. The communic at io n signal is based on
Philips pate nt ed c ent r al dimming t echnology.

SiteWise delivers it deliv er opt imal energy savings
using you r sit e's ex.isting cabling. No addit io nal
wir ing r equired, installatio n and commissioning
ar e simple. An intuit ive. mobile app makes it easy
for authorized user s t o set sched ules t o meet
site specific ligh ting needs. local r egulations . and energy codes.

39 Gullwing G13 LED area luminaire, small
SiteWise system
Site Wise is a complete area lighting management syste m including a luminaire integra ted controller. dimming signal transmitter cabinet. and loca lly access ible user interface . Insta llation and commissio ning are simple. The cab inet communicates with the Philips luminaires using a patented central dimming techno logy.

The control signal is embedded on the exis ting elect rical line - no new cab ling is req uired . An intuiti ve. loca lly access ible interface makes it easy for authorized users to set schedules in order to meet site spec ific lightin g needs . loca l regulatio ns. and e nergy codes .

SiteWise system diagram
SiteWise system interface
- -- Q
-=-1!!1 1!!!11!!!1 .
■
-
SiteWise system specifications
SiteWise mas an intuiti ve user interface that makes it easy to plan. edit. and implement lighting schedules for your site.

Authorized users can access the interface via a local app .

To e nsure that only authorized users can access your lighting . SiteWise offers t wo user t ypes . eac h with different permissions. An advanced user. or administ rator. can set and edit schedules using the ten pre -set scenes. assign those sch,edules to calendar days. and check sys tem s tatus.

For everyday use. a basic user can manually override a schedule that is currently running but cannot crea te or edit schedules.

The SiteWise system includes both luminaires and controls. The controls used for Site Wise are circuit load dependent. Required for a complete ins tallation are the fo llowing Philips SiteWise components: user interface . control kit. dimming signal t ransmitter cabinet. and dimming signal receiver located in the Philips luminaire (SW option). Optional luminaire-integrated or externa l motion sensors may also be specifi ed as req uired . Within the e lectrical closet. the control kit and dimming signal transmitter cabinet are inst alled into the elect rical system betwee n the existing breaker pane l and the site luminaires . New LED luminaires containing the dimming signal rece iver are insta lled on the site. Once completed. use of the interface allows for scheduling and override capab iliti es. Wireless access point and t ablet should be supplied by othe rs. Complete information o n the control system can be found o n the Site Wise website at phlllps .com/sltewlse

40 Gullwing G13 LED area luminaire, small
Specifications
General Description
The Philips Gard co Gullwing LED GL13 area fuminaire
is defined by its high per for mance. sleek profi le
and rugged construction. Gullw ing LED luminair es
combine LED per for mance excell ence and advanced
Philips Gar dco LEO thermal management t ec hnology
wit h the distinct Gultwing st yle to provide outdoor
area lighting that is both energy efficient and
aesthetically pleasing.

Housing
A one-p iece die cast aluminum hou sing mounts
dir ect ly t o a pole or wall wit hou t the need f or a support arm. The low profile rounded form r educes
the eff ective projected ar ea of the fuminair e to only 0 .8 ft ' /.07 m•.

IP Rating
Gullwing LEO 13" optic s ar e IP65 r ated.

Thermal Management
The Philips Gard co Gullw ing LED provides extruded
aluminum integral thermal radJation fins to pr ovide
the excellent t her mal management so cr it ical to
long LED syste m lif e.

LED Optical System
LEO arr ays are set t o achieve IES Type II. Type Ill.

Type IV. and Type V. available wit h int ernal shields
for back fight control. Individual LED arrays are
r eplaceab le. Luminair es featur e high performance
Class 1 LED systems.

LED Performance:

Elect rical
Luminair es are equ ipped wit h an LED driver that
accepts 120V through 277V. or 347Vt hrough 480V.

SOhz t o 60hz . input . Driver out put is based on t he LED wattage selec ted. Component- t o-component
wiring wit hin t he luminair e will carry no mor e t han 80% of r ated cur r ent and is fisted by UL Power
factor is not less than 90% . Luminaire consumes 0 .0
watts in the off state. Surge prot ector standard.
10KAper ANSI/ IEEE C62.41.2.

SlteWlse netwo rk system
SiteWise system includes a contro ller full y
integrated in t he luminair e t hat enables t he
luminaires to communicate wit h a dimming signal
tr ansmitt er cabinet located on sit e using Philips
pat ented cent ral di mming t echnology. A locally
access ible mobile app allows users to access the
system and set func tionalit ies such as ON/OFF.
dimming levels and scheduling. SiteWise is available
wit h motion r esponse options in order t o bring
the light back t o 100% when motion is det ected.

Add itional func tionalities are available such as
communication with indoor lighting and connec tion
to BMS syst ems.

PREDICTED LUMEN DEPRECIATION DATA"
Ambient
Finish
Each standa rd color fuminair e r eceives a fade
and abr asion r esistant . elect rostaticaUy applied,
ther mally cured. t riglycidal isocyanurate (TGJC)
text ur ed polyester powdercoa t finish. Standard
colors include bron ze (BRP). black (BLP). white
(WP). and nat ural aluminum (NP). Consu lt factory for
specs on optional or cust om colors.

Labels
All fuminair es bear UL or CUL (where applicable) Wet
Location labels.
limited Warranty
5 year limit ed warr ant y. See phUips.com/ luminaires
for complete details and exclusions .

Temperat ure Driver mA Calculated L,. L,.Pe r TM- 21"·" Lumen Maintenance 96@
oc Hours1$ ,1e 6D.DDD hours
25•c up to53D mA >!OD.ODD >60.000

15. Pr edicted perfo r mance derived from LEO manufactu rer'& data and engineering design estimates . based on !ESNA LM-80 methodology. Actual experience may vary due to field application condit ions.

16. L10 is the p<edicted time when LEO performance depreciates to 7096 of initi al lumen output.

17. Celcdated per IESNA TM2H 1. Published Lio hours limited to 6 times actual LED test hoi.n . 82%

- 41 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
Contractor shall refer to Exhibit “A” – Services/Schedule for the Project Plans and Specifications.

- 42 -
EXHIBIT “C”

SPECIAL CONDITIONS

ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract , the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satis factory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. STADIUM MANAGER’S REPRESENTATIVE DESIGNEE
For purposes of this Project, the Stadium Manager’s Representative Designee shall be: Vice President, Stadium Operations and Strategic Planning
ARTICLE 3. LOCATION OF THE PROJECT
The Project is located at Levi’s Stadium, 4900 Marie P. DeBartolo Way, Santa Clara, CA ARTICLE 4. SCHEDULE CONSTRAINTS
It is anticipated that the Contractor will be unable to perform Work on the Project site at least 48 hours prior to and 24 hours after any event with a projected attendance greater than 10,000 people without prior written approval from the Stadium Manager. Specific known dates for these events at this time include the following dates:

1. October 24, 2021

2. November 7, 2021

3. November 15, 2021

4. November 28, 2021

5. December 19, 2021

6. January 2, 2022
Contractor is assumed to have accounted for such events during the duration of the Project as part of its bid and may not claim any time or cost impacts and will not be granted any time extensions or additional compensation as a result of these events.

Contractor shall ensure that any Work performed on the Project site is scheduled with the Stadium Manager in advance.

Stadium Manager has considered these schedule constraints when determining the Contract Time and no additional time or compensation will be added to the Contract due to these schedule constraints.

ARTICLE 5. NOISE RESTRICTIONS

- 43 -
Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in this Contract , including hours of operation requirements.

No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 6. SAFETY PROGRAMS
In addition to all other safety requirements of the Contract, Contractor must comply with Cal/OSHA safety requirements at all times during the performance of the Work.

Stadium Manager has considered these safety programs when determining the Contract Time and no additional time or compensation will be added to the Contract due to these safety programs.

- 44 -
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

BEAR ELECTRICAL SOLUTIONS, INC.

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

---

- 45 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

- 46 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

- 47 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as “Stadium Manager”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the two-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties , as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of two (2) years after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

W henever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager’s option:

- 48 -
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of t he lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager ’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By

Title

- 49 -

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

- 50 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

- 51 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the “Stadium Manager”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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 amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemploym ent Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or

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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”

PROCUREMENT AND CONTRACT PROCESS INTEGRITY AND CONFLICT OF

INTEREST GUIDELINES

1 PURPOSE

1.1 The purpose of these Guidelines is to ensure integrity in the Stadium Manager’s procurement and contract processes, to educate Stadium Manager employees, consultants, uncompensated outside parties and any person involved in the decision to award a contract about potential Conflicts of Interest, and to establish guidelines for procedural screening of Conflicts of Interest.

1.2 The Stadium Manager desires to provide a fair opportunity to participants in competitive processes for the award of Stadium Manager contracts by promulgating integrity and removal of Conflicts of Interest in all competitive solicitations.

2 DEFINITIONS

2.1 PURCHASING MANAGER
“Purchasing Manager” is the Stadium Manager representative designated by the Stadium Manager to be responsible for the Stadium Manager’s procurement process.

2.2 ELECTED OFFICIAL
"Elected Official" means the City of Santa Clara Mayor, Council Members, City Clerk, and Chief of Police.

2.3 COUNCIL APPOINTEES
"Council Appointees" means the City of Santa Clara City Manager, City Attorney, and City Auditor.

2.4 SOLICITATION
"Solicitation" means, but is not limited to, specification development, preparation and issuance of requests for proposals, quotes, qualifications or bids, evaluation of responses and submissions, and other evaluations which lead to an award of a Stadium Manager contract.

3 GENERAL PROVISIONS

3.1 COMMUNICATION PROTOCOL

3.1.1 Prior to Issuance of Solicitations: Prior to the issuance of Solicitations, contact between prospective respondents and Stadium Manager staff, consultants or City of Santa Clara elected officials is permissible.

3.1.2 After Issuance of Solicitations and prior to Submission deadline for Solicitations: After issuance of Solicitations, all contact between prospective respondents and the Stadium Manager with regard to the Solicitation must be directed to the procurement contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries with regard to the Solicitation to the procurement contact. All requests for clarification, objections to the structure, content, or distribution of a Solicitation, or other inquiries must be made in writing and the Stadium Manager shall answer to these clarifications, objections, and inquiries in writing via addenda to the Solicitation.

3.1.3 After Submission Deadline of Solicitations and prior to Issuance of a Notice of Intended Award: After the submission deadline of Solicitations, all contact regarding the procurement between respondents and the Stadium Manager and participants in the evaluation process, who are not Stadium Manager employees or representatives, must be directed to the procurement

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contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.4 After Issuance of a Notice of Intended Award: The Stadium Manager will issue a notice of intended award to all respondents including the basis for selection and instructions for filing a protest. All respondents shall follow the procedures for protest as indicated in the Solicitation document. During the protest period, Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.5 After Completion of Protest Period: After completion of the protest period contact between prospective respondents and Stadium Manager staff, consultants and City of Santa Clara elected officials is permissible.

4 RESPONDENT'S CODE OF CONDUCT
By submitting a response to a Stadium Manager Solicitation, respondents are individually and solely responsible for ensuring compliance with these Guidelines on behalf of the respondent's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting a response. In addition to adhering to these Guidelines, respondents may not collude, directly or indirectly among themselves in regard to the amount, terms or conditions of a Solicitation, influence any Stadium Manager staff member or evaluation team member throughout the solicitation process, including the development of specifications, submit incorrect information in the response to a Solicitation or misrepresent, or fail to disclose material facts during the evaluation process. Any evidence indicating a respondent has failed to adhere with any section of these Guidelines may result in the respondent's disqualification from the procurement as well as possible debarment.

5 CONFIDENTIALITY DURING EVALUATION PROCESS

5.1 Stadium Manager staff, consultants, and outside evaluators who are participants in the evaluation process are required to sign a confidentiality agreement which binds the participants not to share any information about responses received and the evaluation process until the Stadium Manager issues a notice of intended award.

6 CONFLICT OF INTEREST

6.1 Elected officials, appointed officials, their staffs, and Stadium Manager employees and consultants are expected to avoid any conflicts of interest. Further, such individuals should avoid the appearance of conflicts of interest in order to ensure that Stadium Manager decisions are made in an independent and impartial manner. In general, the designated Stadium Manager procurement contact, in consultation with the Stadium Manager’s Chief Financial Officer (“CFO”) shall take measures to ensure that the Stadium Manager avoid any conflict of interests in procurement processes of Stadium Manager contracts. Specifically, these measures include that:

6.1.1 Persons who may not be regularly involved in Stadium Manager procurements review this Exhibit and other ethical standards and elicit such information from them to enable the Stadium Manager to determine if the person's participation would create a conflict of interest. Such persons shall include, but are not limited to:
• authors of specifications
• paid and unpaid evaluators
• paid and unpaid consultants who assist in the procurement process

6.1.2 The CFO shall discuss any potential conflict of interest identified with Stadium Manager’s legal department and document the resulting determination, and take appropriate action including, but not limited to, removal of an employee, consultant, or outside uncompensated party from the procurement activity or cancellation of a Solicitation.

7 ALLEGATIONS OF CONFLICT OF INTEREST

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7.1.1 Prior to the Solicitation release, up to award of contract, any allegations of conflict of interest by a Stadium Manager employee, consultant, or other participant in the pre- Solicitation and Solicitation process shall be reported to the CFO. The CFO shall investigate the alleged conflict of interest in consultation with the Stadium Manager’s legal department and document the resulting determination.

8 ALLEGATIONS OF MISCONDUCT

8.1.1 At any time during a Solicitation process, any misconduct by a Stadium Manager employee, consultant, or other participant in the pre-Solicitation and Solicitation process, shall be reported to the CFO. The CFO shall investigate the alleged misconduct, in consultation with the procurement contact, and others, as appropriate. Nothing in these guidelines is intended to prohibit anyone from communicating with the CFO or legal department about any alleg ed misconduct.

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EXHIBIT “H”

LEVI’S STADIUM JOBSITE RULES

The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e. glass, aluminum, cardboard, etc.).

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.

9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. NO children (under 18 years old) are allowed on site.

12. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.

13. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.

14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium

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Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:

• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor (and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.

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Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1739 Agenda Date: 1/11/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority Regarding Stadium Manager’s Request to Execute Agreements with R. Brothers Painting Inc. for Rust Prevention Mitigation CapEx Project; Bear Electrical Solutions, Inc. for Gold Lot 4 and 5 Lighting CapEx Project and Approve Related Budget Amendment; and Ample Electric, Inc. for Mechanical and Electrical Closet Lighting CapEx Project; and Approve Budget Amendment Related to Stadium Insulation CapEx Project

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and ManCo.

The Stadium Manager is requesting approval for the following:

Rust Prevention Mitigation CapEx Project

1. Award a one-time agreement to R. Brothers Painting Inc., in the amount of $17,223 to prepare and paint the existing steel structure along the 300 level concourse of Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $1,722, for a total not to exceed amount of $18,945.

The Stadium Authority FY 2021/22 CapEx Budget includes $94,500 for the Rust Prevention Mitigation line item.

Mechanical and Electrical Closet Lighting CapEx Project City of Santa Clara Printed on 1/5/2022Page 1 of 7
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22-1739 Agenda Date: 1/11/2022

1. Award a one-time agreement to Ample Electrical, Inc. in the amount of $101,780 for replacement of existing light fixtures in the Levi’s Stadium Electrical Rooms and Telecom Rooms with new LED light fixtures that will provide high efficiency, low maintenance light fixtures with a long-term lifecycle;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to 10% of the contract cost, or $10,178, for a total not to exceed amount of $111,958.

The Stadium Authority FY 2021/22 CapEx Budget includes $157,500 for the Mechanical and Electrical Closet Lighting line item. The Stadium Manager stated in their Recommendation for Award that some of the 260 anticipated lighting fixtures would be located in Tenant Exclusive Areas, and pursuant to the Stadium Lease, StadCo as the Tenant would pay for those fixtures and the Stadium Authority would be charged for the remainder. The costs of the parties will be allocated based on the number of fixtures, which is anticipated to cost StadCo approximately $19,573 ($101,780 x 50/260 lighting fixtures) and Stadium Authority approximately $82,207 ($101,780 x 210/260 lighting fixtures).

Gold Lot 4 and 5 Lighting CapEx Project

1. Award a one-time agreement to Bear Electrical Solutions, Inc., in the amount of $59,145 for removal and disposal of existing wall mounted luminaire fixtures, and furnishing and installation of new wall mounted luminaires at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $5,914, for a total not to exceed amount of $65,059.

The Stadium Authority FY 2021/22 CapEx Budget includes $52,500 for the Gold Lot 4 and 5 Lighting line item. A budget amendment would be required to approve this request.

Budget Amendment Related to Stadium Insulation CapEx Project

1. Approve a budget amendment to increase the budget amount for the Stadium Insulation Project by $360,000 in the FY 2021/22 CapEx Budget.

The Stadium Authority FY 2021/22 CapEx Budget includes $157,500 for the Stadium Insulation line item. If approved, the Stadium Manager’s request would increase this line item to $517,500.

DISCUSSION
Staff reviewed the Recommendations for Award, Recommendation for Budget Augmentation, supporting procurement documents, and their respective agreements with R. Brothers Painting Inc., Ample Electrical, Inc., and Bear Electrical Solutions, Inc. that were submitted (these documents are attached to corresponding report #21-1702) and exchanged questions with the Stadium Manager to get more clarification on various aspects of the requests.

The Stadium Manager’s responses are attached to the corresponding report #21-1702. The following comments are to advise the Board of noteworthy items that it should be aware of while considering City of Santa Clara Printed on 1/5/2022Page 2 of 7
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22-1739 Agenda Date: 1/11/2022
the requests:

Rust Prevention Mitigation CapEx Project
The Stadium Authority had questions about the difference in the bid amount vs. budgeted CapEx amount; whether the project would be multi-phased; the location of the work; why the Stadium Manager did not use two existing agreements on-call electrical repairs and maintenance for this scope of work; and why the project was bid out as a construction project (due its low dollar amount).

The Stadium Manager responded to staff’s questions and explained that it was a multi-phased project, and they only bid out a portion of it as a pilot project so that they could test the paint application before spending a large amount of money on a larger painting contract. Due to the Stadium Manager’s explanation, it is anticipated that there will be subsequent request(s) for Board approval to award agreement(s) related to this project. The Stadium Manager has existing purchase orders with Sherwin-Williams and Kelly-Moore for paint supplies that were approved by the Board on September 28, 2021 but decided not to use them for this project.

Mechanical and Electrical Closet Lighting CapEx Project The Stadium Authority had questions about the difference in the bid amount vs. budgeted CapEx amount; whether the project would be multi-phased; the location of the work; and why the Stadium Manager did not use two existing agreements on-call electrical repairs and maintenance for this scope of work.

The Stadium Manager provided responses to staff’s questions which confirmed the project has reduced in scope, and as result, the requested agreement will only cover the installation of lighting in the Electrical Rooms. However, based on the Stadium Manager’s allocation estimate of StadCo’s reimbursement of lighting in Tenant Exclusive Areas, the Electrical Rooms will utilize 52% of the budgeted cost that was originally budgeted for both Mechanical and Electrical Rooms. The Stadium Manager explained that construction costs have gone up and the Mechanical Rooms will be handled as a later project.

The anticipated cost of installing lighting in the Mechanical Rooms is unknown as that scope of work was not included in the Stadium Manager’s RFB. As result, it is unclear whether the total cost for this collective project will exceed the budgeted amount in the FY 2021/22 CapEx Budget. A future budget amendment may be necessary if/when lighting in the Mechanical Rooms proceeds.

Gold Lot 4 and 5 Lighting CapEx Project
The Stadium Authority had questions about the project’s scope of work and whether the base bid fit within the existing CapEx project description; why the Stadium Manager did not use two existing agreements on-call electrical repairs and maintenance for this scope of work; and whether the Stadium Manager planned on implementing a new RFB for the remaining scope of the project (Gold Lot 4 and 5).

As outlined in staff’s questions, the base bid’s scope of work is located in the loading dock and does not appear to fit within the existing Gold Lot 4 and 5 Lighting CapEx project description:
“Install LED lighting in Gold 4 and Gold 5 parking lots. The current light plan is underpowered and is not sufficient given the work environment during stadium event load in/out. This lighting improves safety conditions for stadium personnel and provides energy cost savings with more City of Santa Clara Printed on 1/5/2022Page 3 of 7
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22-1739 Agenda Date: 1/11/2022
efficient fixtures”.

The Stadium Manager included the Gold Lot 4 and 5 lighting as an additive alternative option in the RFB but did not issue a Notice of Intended Award that included that scope of work. As part of the RFB process, the Stadium Manager received bids for the additive alternative options for the Gold Lot 4 and 5 lighting that ranged from $44,268 to $103,538 excluding additional mobilization and contract processing fees. If the Stadium Manager went with the lowest bidder for the additive alternative option for the Gold Lot 4 and 5 work, the project would have been within the budgeted amount.

The Stadium Manager disagreed with staff’s reading of the CapEx project description and responded that the loading dock was referred to in the “stadium event load in/out” section of the description and was therefore included in the current project scope. However, the Stadium Manager stated that if staff recommended a budget amendment to expand the Gold Lot 4 and 5 Lighting project scope in the CapEx Budget that it be done at the same time as the approval of the agreement.

Staff continues to interpret the existing project description as one that doesn’t cover the loading dock area and recommends a budget amendment to update the title of the Gold Lot 4 and 5 Lighting CapEx project to “Loading Dock Lighting” CapEx project; update the project description accordingly to include the loading dock area; and to increase the budget for the CapEx line item by $12,559 to the requested amount of $65,059. The Stadium Manager stated that it anticipates a future solicitation for the Gold Lot 4 and 4 project in the next fiscal year so it will likely be submitted as a proposed FY 2022/23 CapEx project for the Board’s consideration.

Aside from the comments provided above, staff recommends that the Stadium Manager’s request for delegated authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the Rust Prevention Mitigation, Mechanical and Electrical Closet Lighting, and Gold Lot 4 and 5 Lighting (i.e., Loading Dock Lighting) CapEx projects; and change orders up to approximately 10% of the contract costs be delegated instead to the Executive Director.

Section 2.1 in the First Amendment to the Management Agreement states that the Stadium Manager only has the ability to enter into contracts with providers to the extent it has authority to enter into such Stadium Procurement contracts pursuant to the Santa Authority Procurement Policy. Currently, the Executive Director has no procurement delegated authority under the Stadium Authority Procurement Policy. As such, if the Board approves staff’s recommendation to provide the Executive Director with such authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and change orders up to approximately 10% of the contract cost, the Stadium Manager would not have the same authority to do so. This approach accomplishes the expediency that the Stadium Manager seeks and is compliant with the First Amendment to the Management Agreement.

The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

Budget Amendment Related to Stadium Insulation CapEx Project The Stadium Manager’s last request was for a budget amendment for the Stadium Insulation CapEx City of Santa Clara Printed on 1/5/2022Page 4 of 7
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22-1739 Agenda Date: 1/11/2022
project, which is currently budgeted for $157,500. The Stadium Manager explained that the project scope did not change; however, the difference in the budget amount and bid amount was due to the complexity of the access to the work site, the number of labor hours determined by the recommended contractor, and increases to construction costs in recent months. While the later reason could not have been anticipated, the access and number of labor hours should have been accounted for in the engineer’s estimate. When possible, to ensure accurate budgets, it is important to develop capital improvement project budgets off of an engineer’s estimate of a project’s cost. In advance of its submittal of the CapEx portion for the Stadium Authority FY 2022/23 Budget, it is recommended that the Stadium Manager utilize engineering estimates to prepare their proposed budget for Stadium Manager CapEx projects.

As demonstrated by the pictures that the Stadium Manager provided in its Recommendation memo, the area does require work. It is unclear why the Stadium Manager is requesting the budget amendment now without a bid amount to base its request on. However, since staff has already reviewed the request and recommend the requested budget amendment it has been included as part of this report. The Stadium Manager had determined that the lowest bidder’s proposal conflicted with the RFB terms, and that both bids were non-responsive. However, the Stadium Manager noted that they would want the work to begin in February so staff anticipates the Stadium Manager conducting another RFB process and returning to the Board for approval of the respective agreement in the near future.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The Stadium Authority FY 2021/22 CapEx Budget includes $94,500 for the Rust Prevention Mitigation line item. There are sufficient funds to cover the total cost of the agreement ($17,223) and the 10% contingency ($1,722) that the Stadium Manager is requesting ($18,945). The Stadium Manager said this work is only for a pilot project and will be expanded to other areas of the stadium in future solicitations. The remaining funds may be used for that pending scope of work if the Stadium Manager were to submit a subsequent request in time for Board approval before the end of FY 2021/22.

The Stadium Authority FY 2021/22 CapEx Budget includes $157,500 for the Mechanical and Electrical Closet Lighting line item. There are sufficient funds to cover the total cost of the agreement ($101,780) and the 10% contingency ($10,178) that the Stadium Manager is requesting ($111,958).

As noted above, the Stadium Manager said this work is only for the Electrical Rooms and the Mechanical Rooms will be handled as a later project in FY 2022/23. The final costs for the project will be divided between the Stadium Authority and StadCo based on the location of lighting fixtures. It is anticipated that the Stadium Authority’s portion will cost approximately $82,207 based on the number of lighting fixtures that need to be replaced in non-Tenant Exclusive Areas of the area of work. A budget augmentation will may be necessary for the lighting in the Mechanical Rooms when that project proceeds.

The Stadium Authority FY 2021/22 CapEx Budget includes $52,500 for the Gold Lot 4 and 5 Lighting City of Santa Clara Printed on 1/5/2022Page 5 of 7
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22-1739 Agenda Date: 1/11/2022
line item. As discussed above, the Stadium Manager’s request will exceed the existing budgeted amount and it is recommended that the Board approve a budget amendment to update the CapEx project name to Loading Dock Lighting and its corresponding project description to include the loading dock area, and increase the line item to $65,059 to reflect the amount that the Stadium Manager is requesting approval for. There are sufficient funds in the Stadium Authority Capital Reserves to cover the $12,559 difference.

The Stadium Authority FY 2021/22 CapEx Budget includes $157,500 for the Stadium Insulation line item. As discussed above, the Stadium Manager is requesting a budget amendment to increase the budgeted amount to $517,500 for this project. There are sufficient funds in the Stadium Authority Capital Reserves to cover the requested $360,000 difference.

The Stadium Manager advertised the RFBs in the San Jose Mercury News for a total of $2,185 for the Rust Prevention Mitigation, Mechanical and Electrical Closet Lighting, and Gold Lot 4 and 5 Lighting projects. The amount that was spent on advertising the Stadium Insulation Project RFB was not disclosed to the Stadium Authority. On July 13, 2021, the Stadium Authority Board approved up to $20,000 for the Stadium Manager to publish legal notices in the San Jose Mercury News and Santa Clara Weekly for various solicitations, which would cover these procurement advertising costs.

The table below summarizes the budget amendments as discussed above.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager, Stadium Treasurer’s Office, and Chief Assistant City Attorney.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].

RECOMMENDATION

1. Approve the Stadium Manager’s request to execute an agreement with R. Brothers Painting Inc. to City of Santa Clara Printed on 1/5/2022Page 6 of 7
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Current Increase/ Revised
(Decrease)
Stadium Authority Capital Fund
Ex~enses
Gold Lot 4 and 5 Lighting (Rename $ 52,500 $12,559 $65,059 to Loading Dock Lighting)
Stadium Insulation $157,500 $360,000 $517 ,500
Reserves
Capital Expense Reserve $8,497 ,602 $(372,559) $8,125,043 22-1739 Agenda Date: 1/11/2022
prepare and paint the existing steel structure along the 300 level concourse of Levi’s Stadium (Rust Prevention Mitigation CapEx Project) in the amount of $17,223; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $1,722, for a total not to exceed amount of $18,945; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

2. Approve the Stadium Manager’s request to execute an agreement with Ample Electrical, Inc. for replacement of existing light fixtures in the Levi’s Stadium Electrical Rooms and Telecom Rooms with new LED light fixtures (Mechanical and Electrical Closet Lighting CapEx Project) in the amount of $101,780; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $10,178, for a total not to exceed amount of $111,958; and authorize the Executive Director to approve and process the reimbursement of such costs related to lighting fixtures in non-Tenant Exclusive Areas upon receiving final invoices and supporting documentation from the Stadium Manager;

3. Approve a budget amendment to update the Gold Lot 4 and 5 Lighting CapEx Project title to “Loading Dock Lighting” and corresponding project description to include loading dock area as part of the scope of work, and increase the budget for the project by $12,559 to a total of $65,059 from Capital Expense Reserves;

4. Approve the Stadium Manager’s request to execute an agreement with Bear Electrical Solutions, Inc. for removal and disposal of existing wall mounted luminaire fixtures, and furnishing and installation of new wall mounted luminaires in the Levi’s Stadium loading dock area; (Loading Dock Lighting CapEx Project) in the amount of $59,145; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $5,914, for a total not to exceed amount of $65,059; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and

5. Approve the Stadium Manager’s request for a budget amendment to increase the budget for the Stadium Insulation CapEx project by $360,000 to a total of $517,500 from Capital Expense Reserves.

Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Deanna J. Santana, Executive Director
City of Santa Clara Printed on 1/5/2022Page 7 of 7
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1500 Warburton Avenue
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@SantaClaraCity
22-1707 Agenda Date: 1/11/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from Stadium Manager to Execute Agreement with Bartley Pump PM, LLC for Lift Station CapEx Project

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

DISCUSSION
On November 30, 2021, the Stadium Manager submitted the attached Recommendation for Award memo (Attachment 1), along with supporting procurement documentation, to request approval from the Stadium Authority Board for the following:

1. Award a one-time agreement to Bartley Pump PM, LLC in the amount of $188,000 to replace pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at Levi’s Stadium;

2. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize the Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800.

The Stadium Manager’s Recommendation for Award describes the Request for Bids process that was implemented. This project was included in the Stadium Authority FY 2021/22 CapEx Budget under the Lift Station line item which was budgeted for $210,000.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award

2. CapEx Portion of Stadium Authority FY 2021/22 Budget

3. Agreement with Bartley Pump PM, LLC.

City of Santa Clara Printed on 1/5/2022Page 1 of 1
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1 Date: November 30, 2021

To: Jim Mercurio
Executive Vice President & General Manager

From: Jenti Vandertuig
Procurement Director

Subject: Recommendation for Award RFB FY21-0019 Levi’s Stadium Sewage Ejector Lift Station Project

Recommendation

1. Recommend approval and award of a one-time agreement to Bartley Pump PM, LLC in the amount of $188,000 to replace pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800.

Solicitation Process
Forty Niners Stadium Management Company LLC (“Stadium Manager”) has a need to replace the pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at Levi’s Stadium (“Stadium”). The existing lift stations were installed as part of the original construction of the Stadium. The replacement of the pumps, floats, and controls at sewage ejector lift stations was approved as part of the FY21/22 Santa Clara Stadium Authority (“SCSA”) Capital Expenditures budget.

On October 29, 2021, Stadium Manager issued a Request for Bids (“RFB”) FY21-0019 to replace the pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at the Stadium. The project involved the removal and disposal of existing equipment, furnishing and installation of new equipment, and the start-up and commissioning of the lift stations after installation.

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STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
2 Stadium Manager published the RFB on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of suppliers on our established supplier list, Stadium Manager also selected suppliers registered on the portal with specific commodity codes offering infrastructure maintenance and repair services and plumbing construction services.

On November 3, 2021, Stadium Manager published the Notice Inviting Bids related to this project in the San Jose Mercury News publication. Notices were also emailed on October 29, 2021 to the Builders’ Exchange of Santa Clara County and Minority Business Consortium to communicate with their respective member communities.

Stadium Manager determined the need to specify a sole brand for the replacement of the sewage ejector pumps and provided the following reasons to specify Weil pumps as a sole brand in the RFB:

“The existing pumps, floats, control rails, flanges, etc., are all components by Weil pump manufacturing. Weil pumps brand is specified for the repair Project for the following reasons:
• The existing assembly utilizes Weil pu mps, controllers, cables, quick connect flanges and floats. If another pump manufacturer is provided for only the pumps there will be compatibility issues with co ntrol and potential connection issues to the existing flanges.
• The only viable solution to utilizing another manufacturer would be to replace all the components of the system to ensure a properly functioning system. This would include the pumps, wiring, controls, flan ges and floats that would result in additional cost to the project. This would prevent utilizing two manufacturers’ products that would cause accountability issues.
• The sewage ejector pumps are slicer pumps. These pumps are provided in stadium environments where items and debris get into the sanitary system unique to other facilities. The slicer pumps were developed by Weil to perform the same as grinder pumps but offer a higher lift capacity whic h is required due to the height of the stadium field level to get to the gravity sanitary outlet.”

Accordingly, in order to match existing products in use and ensure compatibility related to the lift station system functioning as a whole, designating Weil brand pumps is warranted.

Stadium Manager held a non-mandatory pre-bid conference on November 8, 2021 at 11:00 a.m. (PT) to provide an overview of the project and answer any questions from -7190436Ā.6:25782Ā/-)Ā!(+-!! (Ȁ#., Ȁ$%'&Ȁ'+*"Ȁ.+.$$*.#. ,!

3 prospective bidders. The RFB provided prospective bidders the option to schedule on- site visits to the Stadium with a specific deadline.

Electronic bid submissions were due on or before November 22, 2021 at 3:00 p.m. (PT).

Six bids were received on or before the closing due date and time from the following firms:

Bidder Base Bid Amount
Alternate Bid Amounts
Group H Construction Inc.

Base Bid: $190,000
Alternate No. 1: $95,000
Alternate No. 2: $95,000
Stephen Ciari Plumbing &
Heating, Inc.

Base Bid: $125,784
Alternate No. 1: $62,892
Alternate No. 2: $62,892
Fort Bragg Electric
Base Bid: $112,552
Alternate No. 1: $56,276
Alternate No. 2: $56,276
ACCO Engineered Systems
Base Bid: $148,102
Alternate No. 1: $74,051
Alternate No. 2: $74,051
Bartley Pump PM, LLC
Base Bid: $94,000
Alternate No. 1: $47,000
Alternate No. 2: $47,000
Telstar Instruments
Base Bid: $124,808
Alternate No. 1: $62,404
Alternate No. 2: $62,404

Public Bid Opening
A public bid opening was held on November 22, 2021 at 4:00 p.m. (PT). The RFB provided the public bid opening webcast information including a meeting ID and password for bidders to log on via Zoom to attend. Several bidders were in attendance.

Stadium Manager announced the receipt of six bids on or before the due date and time, -7190436Ā.6:25782Ā/-)Ā!(+-!! (Ȁ#., Ȁ$%'&Ȁ'+*"Ȁ.+.$$*.#. ,! 4 announced the name of each bidder and the bid amount. Bartley Pump PM, LLC was declared the apparent low bidder with a base bid amount of $94,000.

Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from Bartley Pump PM, LLC and determined the bid to be responsive and responsible. The review verified that all the required forms were submitted and completed properly, the bid schedule contained no arithmetic errors, and the bid bond is authorized. Stadium Manager also confirmed that Bartley Pump PM, LLC is authorized to do business in California, is appropriately licensed with the California Contractors State License Board, and is registered with the Department of Industrial Relations. Stadium Manager checked references to validate that Bartley Pump PM, LLC was responsible.

Next Steps
In accordance with the RFB documents, Stadium Manager has the sole discretion to include any, all, or none of the Alternate Bid items. The Total Bid Price, inclusive of the Base Bid, Alternate No. 1 and Alternate Bid No. 2, is $188,000. The Base Bid cost includes the replacement of pumps, floats, and controls at sewage ejector lift stations in Quadrants A and B, and the Alternate No. 1 and Alternate No. 2 includes the cost for the replacement of pumps, floats and controls in the lift stations in Quadrants C and D.

The cost of this purchase is covered in the FY 21/22 SCSA Capital Expenditures budget referenced under Plumbing, Lift Station. The approved budgeted amount is $210,000.

Once Stadium Manager receives approval from the SCSA Board, an agreement (detailed in the RFB) will be executed with Bartley Pump PM, LLC and a fully executed copy of the agreement will be forwarded to the Board. In addition, Stadium Manager requests authorization to issue change orders up to 10% of the agreement which will allow Stadium Manager to take timely administrative action, if required, and not delay completion of the Project. An allocation of approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800 is within the SCSA Board approved budget for the project.

Supporting documentation has been provided for review and approval. The cost for advertising the RFB in the San Jose Mercury News publication for one day is $803.91.

Stadium Manager’s request to publish legal notices in the San Jose Mercury News for various solicitations, including public works, was approved by the SCSA Board on July 13, 2021. This is a public works project.

-7190436Ā.6:25782Ā/-)Ā!(+-!! (Ȁ#., Ȁ$%'&Ȁ'+*"Ȁ.+.$$*.#. ,!

5 Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

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45 The Capital Expense (CapEx) Budget is used to fund the purchase or upgrade of fixed assets for the Stadium. While the funding for appropriations occur on an annual basis, the Capital Expense Plan extends for a five-year period (shown on Page 57 of this report). Changes to existing projects, as well as the addition of new projects, may occur during the five-year planning period as new needs are identified. The appropriations for capital projects do not lapse at year-end bu t carryover into future years until the project is complete.

The FY 2021/22 CapEx Budget totals $14.6 million. Of this total, $11.2 million of prior year appropriations are projected to be carried over fr om FY 2020/21 ($1.5 million of the projected carryover amount is for warranty-related constructi on, and the other $9.7 milli on is for prior year CapEx projects). New capital improvement appropriations equal $3.4 million.

Capital project delivery continues to be delayed, without demonstrated progress on corrective action, by the Stadium Manager due to proc urement issues and violations of State prevailing wage laws.

While the budget reflected in this document reflects projects recommended by the Stadium Manager, the Stadium Authority continues to request a procurement pl an and implementation timelines regarding how these projects will be completed to ensure the upkeep of the facility and balance any potential City resources that ma y be required to support the projec ts. In addition, with the Board’s revocation of delegated procurement authority, the contract awards to complete these projects will need to be brought forward to the Board for approval. As such, the timeline to complete these projects may differ or continue to be delayed from the info rmation presented in this section. Below is data relative to the CapEx budget fo r the Stadium Manager and the ac tual dollars expended, which demonstrate that there is valid concern for the Stadium’s upkeep and surfaces questions whether the Stadium Manager can implement the CapEx budget as requested:

Fiscal Year CapEx Budget for Stadium Manager
Projects and Projects Managed by
Stadium Manager
CapEx Dollars Expended by Stadium
Manager
FY 2018/19 $6.3M $1.4M (22% spend rate)
FY 2019/20 $12.5M $254,753 (2% spend rate)
FY 2020/21 (to date) $8.9M $289,034 (3% projected)

A detailed listing of adopted FY 2021/ 22 projects is provided starting on Page 48 of this report.

Stadium Authority is submitting it as transmitted by the Stadium Manager without any additional details on the nature of the projec t, timing, etc. Stadium Authority has asked almost monthly for a procurement plan for these projec ts, but the Stadium Manager has not produced such workplan. A capital procurement workplan is a reasonable request given the mu ltiple years of no progress, requirements to maintain the Stadium, and transparency.

STADIUM AUTHORITY CAPITAL EXPENSE BUDGET

46 Public Safety Kawasaki Mule
used for public safety patrol
and emergency response
STADIUM AUTHORITY CAPITAL EXPENSE BUDGET (C ONT ’D )

47 2019/20 2019/20 2020/21 2020/21 2021/22 2021/22 2021/22 Total
Final Year-End Final Projected Projected Proposed Proposed Budget Actuals Budget Actuals Carryover Budget Budget
Beginning Balances 14,532,870 $ 14,516,225$ 17,837,300$ 17,010,611$ 19,438,420$ 19,438,420$ Resources
3,478,000 2,318,549 3,582,000 3,547,379 - 3,690,000 3,690,000 - 308,568 - - - - - Total Resources 18,010,870 17,143,342 21,419,300 20,557,990 19,438,420 3,690,000 23,128,420 2019/20 2019/20 2020/21 2020/21 2021/22 2021/22 2021/22 Total
Final Year-End Final Projected Projected Proposed Proposed Budget Actuals(2) Budget Actuals Carryover(3)
Budget Budget
Expenses
Construction 4,956,922 (4,845) 4,725,327 238,156 3,953,911 2,790,000 6,743,911 Equipment 7,070,988 136,765 6,460,557 881,414 5,286,250 448,520 5,734,770 Contingency 657,397 812 559,296 - 462,009 161,926 623,935 Stadium Warranty Related Construction 1,528,202 - 1,528,202 - 1,528,202 - 1,528,202 Total Expenses 14,213,509 132,731 13,273,382 1,119,570 11,230,372 3,400,446 14,630,818 3,797,361$ 17,010,611$ 8,145,918$ 19,438,420$ 8,208,048$ 8,497,602$ (1)
Reimbursement from Stadium Manage r
(2)
Actuals exclude some project payments withheld due to the ManagementCo not following State procurement and prevailing wage laws. (3)
The carryover does not include the Levi's Naming Rights Signage Replacement Project that increased in cost estimate from $650,000 to $900,000.

Transfers In from Stadium Manager
(1)
Capital Expense Reserve
Santa Clara Stadium Authority
Capital Expense Budget Summary
Transfers In from Operating
Storage Conex Garage for Apparatus
allows for storage of three stadium
vehicles in a lockable, weatherproof
container.

48 CapEx projects

Item Type
SCSA
Requested Description Cost
Contingency
(5%) Total Cost
General General Areas / Coatings Main Deck 2,450,000$ 122,500$ 2,572,500$ Building Replace and recoat lymtal traffic deck coating at the lower seating bowl and on the 300 and 700 Level Concourses, which are currently showing signs of wear. The deck coating serves as a secondary waterproofing system for the occupied spaces below these areas and also protects and extends the life of the concrete. Periodic replacement and recoating of this system is necessary to maintain current waterproofing system and maintain the expected life of the structure.

General Field Turf Track Replacement 340,000 17,000 357,000 Building The current turf track carpet is worn, buckled and compacted from use over the past five years and has reached its end of life. This project addresses the uneven grade of the current turf track carpet. This project will remove the existing track and rebuild it using a compacted stone base and shock layer with new carpet on top. Additionally, the project scope permanently addresses the sun grade issues we experience with our current track by stabilizing the base to support the extreme loads it comes under during concerts and dirt events. Finally, the new turf track will eliminate slipping hazards and improve overall safety and appearance.

Subtotal CapEx Construction Costs 2,790,000$ 139,500$ 2,929,500$ Security Drone Detection (Antenna System) 55,000$ 2,750$ 57,750$ Drone intrusions are happening more frequently. We need a detection and deterrent system in place for the Security of our venue and events.

This technology will assist Stadium Security and Law Enforcement in identifying any threats and to take measures to mitigate the threat.

Security Key Management System 20,000 1,000 21,000 This Key-Box system provides a full audit trail and real time reporting, detailing who has used each set of keys and when. Staff and vendors will become more accountable and will assist in return of keys at the end of each shift. This will reduce loss, damage and liability. The new system will be stationed in the 24/7 Security office.

Public Safety RadHalo Remote Radiation Monitors 190,000 9,500 199,500 Equipment
x
New equipment request for the Joint Hazardous Assessment Team (JHAT): Remote radiation detection monitor can be established as a perimeter around the stadium and monitored remotely by JHAT. These units were tested last season with the help of the 95th Civil Support Team. These units proved very useful to monitor large crowds for nuclear and radiation devices that have a potential explosive threat. The team currently uses handheld detectors which are good for pinpointing an exact location around the unit; however, with 4 main gates for ingress and egress, there is no way to fully monitor the crowds for a potential threat without remove monitoring capabilities.

Public Safety PPE Replacement (Nomex Tops) 5,750 288 6,038 Equipment x Projected replacement/additions of Stadium battle dress uniform tops for the team of 60.

Public Safety PPE Replacement (Nomex Bottoms) 3,260 163 3,423 Equipment x Projected replacement/additions of Stadium battle dress uniform bottoms for the team of 60.

Santa Clara Stadium Authority
2021/22 CapEx Budget

49 Item Type
SCSA
Requested Description Cost
Contingency
(5%) Total Cost
Public Safety Rigaku CQL 1064nm Handheld Raman Chemical Detector 50,290 2,515 52,805 Equipment
x
New equipment request for the Joint Hazardous Assessment Team (JHAT). This detector works as a pair with the Tru Defender. The pair combined are able to detect unknown chemicals and substances much quicker than current methods. The unit has a library of over 12,000 substances. This will be very beneficial to determine threats of substances quickly in order to determine evacuation of patrons. JHAT does not carry a detector of this capability. If JHAT came across an unknown substance, a request for mutual aid would be made with likely extended response time. This new equipment would allow the onsite JHAT to analyze substances and chemicals without immediately calling for assistance reducing the impact to the ongoing stadium event.

Public Safety Tru Defender FTX S1 WMD Chemical Detector 63,220 3,161 66,381 Equipment
x
New equipment request for the Joint Hazardous Assessment Team (JHAT). This detector works as a pair with the Rigaku CQL Raman. The pair combined are able to detect unknown chemicals and substances much quicker than current methods. The unit has a library of over 12,000 substances. This will be very beneficial to determine threats of substances quickly in order to determine evacuation of patrons. JHAT does not carry a detector of this capability. If JHAT came across an unknown substance, a request for mutual aid would be made with likely extended response time. This new equipment would allow the onsite JHAT to analyze substances and chemicals without immediately calling for assistance reducing the impact to the ongoing stadium event.

Public Safety Vehicle upfits for John Deere Gator 12,000 600 12,600 Equipment
x
Vehicle upfits for John Deere Gator including a utility box, mirrors, back up camera and a towing hitch for the E690 MCI Trailer. The mirrors and back up camera would allow for greater visibility when the vehicle is being driven in and around large crowds.

Public Safety Kawasaki Mule 25,000 1,250 26,250 Equipment
x
Purchase new Kawasaki Mule for Explosive Ordinance Disposal (EOD) team. Cost includes unfitting the Kawasaki Mule with Police labels and markings, lighting and locking storage boxes. The EOD team does not currently have a dedicated vehicle and are currently walking with canines and EOD gear during response calls for suspicious packages and drone payloads. The EOD team is first on scene sweeping the stadium for safety issues and the last to leave.

Shifts can extend past 10 hours. Purchase of a vehicle would reduce fatigue for officers and canines and reduce response time.

Public Safety Kawasaki Mule 20,000$ 1,000$ 21,000$ Equipment
x
Purchase new Kawasaki Mule for Special Response Team (SRT).

Cost includes unfitting the Kawasaki Mule with Police labels and markings, lighting, equipment storage boxes and Type 3 IME box that is approved by the U.S. Bureau of Alcohol Tobacco and Firearms (ATF) to transport/store breacher explosives. The SRT equipment is currently in a standard size vehicle that upon deployment would not easily maneuver the stadium or crowds of attendees; the team would be required to go to the vehicle to retrieve the required equipment extending response time. The vehicle may also be deployed to City issues and the equipment would not be readily available for use. The SRT does not currently have a dedicated vehicle. Purchase of a vehicle would allow the SRT to mobilize needed equipment and will reduce response time.

Public Safety Onsite Conex Storage 4,000 200 4,200 Equipment
x
Locking onsite Conex Storage container to store 3 Police Kawasaki Mules, including the requested EOD and SRT mule purchase. The Conex Storage container will be housed in a parking lot dedicated for police parking with the secured footprint of the Stadium.

Subtotal CapEx Equipment Costs 448,520$ 22,427$ 470,947$ Total New CapEx Project Costs 3,238,520$ 161,927$ 3,400,447$ Santa Clara Stadium Authority
2021/22 CapEx Budget (cont.)

50 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
Electrical Mechanical and Electrical Closet Lighting (2019/20 Carryover) 150,000$ 7,500$ 157,500$ Install LED lighting in all mechanical and electrical closets located in the service tunnel, 300 Level, and 700 level. These lights not only improve visibility, but also provide longer and more efficient power usage.

Electrical Broadcast Booth Power (2019/20 Carryover) 35,000 1,750 36,750 Install power components used for stadium events. These components will adhere to LEED certification, provide a clean source of power for our clients, and improve operating efficiencies.

Electrical Concessions Cart Cabling (2019/20 Carryover) 50,000 2,500 52,500 Install code rated low voltage cabling (CAT6) to portable concession carts. This will provide Internet Protocol (IP) based access to the IPTV menu boards and Point of Sale (POS) systems for credit card transactions, as well as deliver an emergency signage to be displayed at the concession stands if needed.

General Updated Stadium Wayfinding Signage (2020/21 Carryover) 250,000 12,500 262,500 Building Install Premium/Club wayfinding, Suite wayfinding, Smoking section signs, No smoking signs for around the main and upper concourses, section numbers/floor decals, ADA blue lines, tunnel signs that indicate “no photos/no autographs”, etc.

General Stadium Event Signage (2019/20 Carryover) 138,000 6,900 144,900 Building Install stadium signage (including but not limited to tunnel awnings, accessible seating reference areas, lower bowl sections placards, and additional fire and building code signage per Fire Marshal).

General Command Post Window Treatment (2019/20 Carryover) 16,000 800 16,800 Building Install window shades and/or tint the exterior windows on the 800 level command post to reduce heat and glare. This will assist dispatchers and command post operators working in this space.

General Stadium and Special Event Spaces (2019/20 Carryover) 75,000 3,750 78,750 Building Add entry mats to be placed at stadium entrances to help alleviate wet floor scenarios and provide safety to stadium patrons. Will extend the finish of the existing flooring and help prevent slip and falls during inclement weather.

General Non-Slip Floor Matting (2019/20 Carryover) 50,000 2,500 52,500 Building Install non-slip matting from the north side locker rooms to tunnels primarily for event usage (that include access to the field for athletes, performers and customers).

General Women's Locker Room (2019/20 Carryover) 372,000 18,600 390,600 Building Convert a portion of the auxiliary locker room area to accommodate a larger private space for female athletes, performers, officials, and other female event day sporting and entertainment professionals visiting or working events at Levi's Stadium.

General Automatic Logic Control Building Engineering System 35,000 1,750 36,750 Building (2019/20 Carryover)
Install an automatic logic controller system upgrade to monitor the building's HVAC in all quadrants simultaneously. This updated system will enable graphic interface and help the system to operate more efficiently with time clock management and assist in potential lighting control energy savings.

General Club Space Flooring (2019/20 Carryover) 85,000 4,250 89,250 Building Strip, resurface, and/or replace hardwood flooring surfaces in the BNY East & West and Levi's 501 spaces. These spaces are among the most utilized spaces in the building and get a large amount of foot traffic. This work will help extend the useful life of these spaces as well as reducing slips and falls from worn floors.

Santa Clara Stadium Authority
2021/22 CapEx Budget Carryover

51 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
General Command Post Communication Equipment (2019/20 Carryover) 58,000 2,900 60,900 Building Purchase and install public safety screens, monitors, and projection devices used in monitoring stadium and security operations to help improve situational awareness and response.

General Stadium Field Conduits (2018/19 Carryover) 118,197 5,910 124,107 Building Add a permanent solution for power and data on field/floor of stadium, making electrical connections safer and efficient for concert and events.

Plumbing Lift Station (2020/21 Carryover) 200,000 10,000 210,000 Replace pumps, motors and controls at sewage ejector sumps in Quadrants A, B, C & D on 100 level.

Plumbing Plumbing (2020/21 Carryover) 100,000 5,000 105,000 Replace pressure reducing valves and other parts on domestic and recycled water systems.

Public Safety Pedestrian Safety Fencing (2020/21 Carryover) 100,000 5,000 105,000 x
Install raised fencing on Tasman Drive from Centennial Boulevard to Calle Del Sol. This is approximately 0.4 miles and would be adjacent to the VTA/Light Rail tracks. This fencing is required to guarantee the safety of patrons as pedestrians on Tasman Drive. Currently, pedestrians regularly jump temporary construction barriers and cross eastbound Tasman Drive and cross live/active VTA light rail tracks. In addition, during events the traffic flow is reversed and pedestrians will not expect cars coming from that direction. This poses a clear danger for pedestrians and mobile personnel are not always available to prevent this regular attempt by pedestrians. Raised fencing will guarantee this dangerous situation stops. The cost is an estimate based on the Fencing on Tasman project.

Security Surveillance - Command Center Equipment (2020/21 Carryover) 50,000 2,500 52,500 Build out workstations with equipment that can handle the load of video viewing during large scale events, as well as the 24/7 security operations in both 100 and 800 command rooms. Equipment includes, but is not limited to, monitors, keyboards, video cards, CPU processors, power supplies, motherboards, and cabling.

Security Enhance Stadium Security Coverage (2020/21 Carryover) 330,000$ 16,500$ 346,500$ Evaluate and replace existing cameras with technologically advanced multi-lens panoramic/360/multi-directional cameras. Design locations and camera styles have created visual obstructions and gaps in coverage. Height locations with fixed lens cameras create the inability to adjust field of views. Installation of television monitors/signage near camera mounts have created field of view obstructions. Due to high volume of club space usage for large scale, and smaller events, request for video investigations become frequent. Low lighting situations are constant with event type needs, and enhanced technology from newer cameras will enable greater video quality. The areas which need to be evaluated include, but are not limited to: BNY Mellon East and West Club, Y ahoo Club, United Club, FII Club, 501 Club, Citrix Owners Club, Entry Gates, and Perimeter fences.

Security Enhance Stadium Security Access Control (2020/21 Carryover) 235,000 11,750 246,750 Install card readers on manual doors to increase access control features and security. Based on operational demands, doors have been identified via staff request and event activity in order to improve operational awareness and enhance the access control abilities by automating the doors. This also increases security to areas deemed by staff to hold sensitive or high value assets. The access control enhancements include Vertx/Mercury upgrade, EvoE400/Mercury upgrade, and various doors with access control needs.

Santa Clara Stadium Authority
2021/22 CapEx Budget Carryover (cont.)

52 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
Security CCTV Pop Up Trailers (2020/21 Carryover) 235,000 11,750 246,750 Purchase five (5) additional units to continue to meet NFL Best Practices guidelines by covering parking lots outside stadium footprint that currently have no camera coverage.

Security Parking Lot Camera Upgrades (2020/21 Carryover) 40,000 2,000 42,000 Replace Great America parking lot cameras with technologically advanced multi- lens panoramic/360/multi-directional cameras. New camera technology would provide better overall coverage of the main parking lot. Sun baked cameras with fixed angles have created gaps in coverage. With more video incident request coming from
ingress/egress incidents, new technology would assist in these investigations. Install cameras in Gold lot 4/5 where there is very limited coverage.

Security Bowl Camera Upgrade/Refurbish (2020/21 Carryover) 135,000 6,750 141,750 Replace bowl cameras. Several bowl cameras have become sun baked and provide poor/obscured coverage of bowl seating.

Maintenance has become an issue as it takes a lot of time and money to set up scaffolding to reach camera boxes. Need to re-engineer housing (suggest relocating housing closer to stadium infrastructure).

Security Software Upgrade to Genetec 5.8 (2020/21 Carryover) 35,000 1,750 36,750 Upgrade to Genetecs newest firmware version 5.8. This would improve overall system performance and stability, and add new features that will help in operator training and utilization of software. Customizable live dashboards assist in monitoring alarms and events in real time.

Security Video Analytics (2020/21 Carryover) 35,000 1,750 36,750 Add video analytics to assist with video investigations. Video investigations take several hours/days to complete using traditional playback methods. Adding video analytics will greatly decrease man- hours spent in video review process, as well as aid in investigations using newer technology.

Security License Plate Reader at Vehicle Entry Gates 45,000 2,250 47,250 (2020/21 Carryover)
Add six (6) License Plate Reader cameras on entry/exit lanes of all vehicle gates (Post 1,2, and 3) to document and track vehicles entering and exiting the stadium.

Security Security X-Ray Scanners (2020/21 Carryover) 150,000 7,500 157,500 Purchase four (4) portable X-ray units to observe postage that comes into the loading dock 24/7 and screen bags/deliveries during event days.

Security Stadium Camera Booth Card Readers (2019/20 Carryover) 84,000 4,200 88,200 Install card reader for north and south camera booths to secure the spaces that enter into/from general public access areas.

Site Security Fencing - Main Lot (2020/21 Carryover) 150,000 7,500 157,500 Remove and replace approximately 1,000 linear feet of 4-foot high security fencing in Main Lot per request of City.

Site Stationary Electric Pressure Washers (2020/21 Carryover) 75,000 3,750 78,750 Install one (1) to two (2) demo stations on the 300 concourse. If these are effective, we would look to replace all gas-powered pressure washers with electrically powered ones.

Site Stadium Insulation (above 300 level and below 400/500 level) (2019/20 Carryover)
150,000 7,500 157,500
Install new insulation in the 400/500 underside above the 300 level.

Original insulation is failing due to weather conditions. This also helps reduce sound reverberation throughout the concourse and protects the concrete from the elements.

Santa Clara Stadium Authority
2021/22 CapEx Budget Carryover (cont.)

53 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
Site Gold Lot 4 and 5 Lighting (2019/20 Carryover) 50,000 2,500 52,500 Install LED lighting in Gold 4 and Gold 5 parking lots. The current light plan is underpowered and is not sufficient given the work environment during stadium event load in/out. This lighting improves safety conditions for stadium personnel and provides energy cost savings with more efficient fixtures.

Site Rust Prevention Mitigation (2019/20 Carryover) 90,000 4,500 94,500 Implement rust prevention measures. The stadium railings, beams, and other steel areas need rust prevention and coating in specific areas throughout the stadium.

Site Stadium Event Power Upgrades & Switchgear Electrical (2019/20 Carryover)
42,714$ 2,136$ 44,850$
Install and enhance Stadium Event wiring service on the 12 Kilovolt (KV) Primary Switch Gear (PMSG) to main electrical panel.

Site Asphalt (2018/19 Carryover) 190,000 9,500 199,500 Slurry coat the visitor parking on Tasman, Gold 4 & 5 parking lots and South Access Road.

Subtotal CapEx Construction Carryover Costs 3,953,911$ 197,696$ 4,151,607$ Audio/Visual Radio Booth Cabling (2019/20 Carryover) 600,000$ 30,000$ 630,000$ Install fiber optic cabling to increase the low voltage cabling backbone.

This installation will accommodate the expanding requests for booth usage during stadium events and keep up with emerging trends.

Audio/Visual Crestron Control & Building Operating System Upgrades (2019/20 Carryover)
10,000 500 10,500
Install a Creston Control System to monitor HVAC, lighting, electrical, and fire alarms. This comprehensive system enables all of these items to interface with one another for engineers to see a real time view of the building's systems.

Food and Beverage Distribution System (2020/21 Carryover) 50,000 2,500 52,500 Beverage Add a beverage distribution system to stadium concession areas and bars. This includes the lines and CO2 dispensing equipment.

Food and CO2 Monitoring & Sensors for Code Compliance 200,000 10,000 210,000 Beverage (2020/21 Carryover)
Install remote CO2 monitoring for enhanced safety for stadium staff per SCFD & State of CA.

Furniture, Fixtures Replace Furniture in Club and Special Event Spaces 1,600,000 80,000 1,680,000 & Equipment (2019/20 Carryover)
Purchase replacement furniture for clubs (BNY, United, Levi's 501 and Yahoo) and special event spaces to enhance areas and meet client expectations. These spaces are amongst the most utilized in the entire stadium.

Furniture, Fixtures Security and Life Safety Partitions/Dividers 68,000 3,400 71,400 & Equipment (2019/20 Carryover)
Install service tunnel drapery and/or partitions for security and public safety personnel during stadium events that require public access to the service level. This helps coordinate public movements in "back of house areas" without affecting stadium operations.

Furniture, Fixtures Tunnel Slip and Fall Protection (2019/20 Carryover) 30,000 1,500 31,500 & Equipment Install non-slip material at the South, Northeast, and Northwest Field Tunn
els.

Furniture, Fixtures Guest Service Booths (2018/19 Carryover) 70,000 3,500 73,500 & Equipment Add two additional guest services booths on the main concourse for better enhanced customer service touchpoints.

HVAC/ Variable Frequency Drive(s) (2020/21 Carryover) 150,000 7,500 157,500 Mechanical Replace exterior Variable Frequency Drive units for Cooling Tower pumps due to life expectancy issues. This system supports the mechanical cooling functions for the HVAC system.
2021/22 CapEx Budget Carryover (cont.)
Santa Clara Stadium Authority

54 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
HVAC/ Cooling Towers (2020/21 Carryover) 50,000 2,500 52,500 Mechanical Replace Cooling Towers internal parts and systems. This includes the motors, fans, fill, controls, and piping which support the mechanical cooling functions for the HVAC system.

HVAC/Mechanical Kitchen Exhaust Fans (2019/20 Carryover) 300,000 15,000 315,000 Install variable frequency drive (VFD) Units on kitchen exhaust fans for soft start (slow ramp up) capabilities. Kitchen exhaust fans currently operate 100 percent of the time. Installing VFD units will modulate the power and save energy whenever the fan is in use. Soft start extends the life of the equipment and saves energy.

Information Financial Management Information System Project 270,000 13,500 283,500 Technology (2020/21 Carryover)
x
Procure a new cloud-based financial management system for the Stadium Authority that would allow greater visibility in to Non-NFL Events. The management company that handles Non-NFL events would use the financial management system for all transactions related to Non- NFL events as well as store supporting documentation for the transactions (Including invoices). The costs include software license/subscription, hosting fee and a consultant for implementation and process improvement. There will be ongoing software license costs and possibility for additional staff time for implementation. *Subject to subsequent court rulings on cost allocation.

Life Fire Alarm System (2020/21 Carryover) 250,000 12,500 262,500 Safety/Fire Replace/update fire alarm system field devices, including interior/exterior signaling devices, detectors, and control panel parts.

Life Safety/Fire Fire Sprinkler Extension (2019/20 Carryover) 55,000 2,750 57,750 Add fire sprinklers to the Gate F entrance. The Santa Clara Fire Marshal has requested that fire sprinklers be installed at the Gate F entrance to mitigate potential fire risk beneath the existing ribbon boards.

Public Safety Mass Casualty Incident Trailer (2020/21 Carryover) 120,000 6,000 126,000 Equipment
x
Purchase a Mass Casualty Incident (MCI) Trailer. The fire department currently has equipment to treat 25 patients during a large-scale emergency. The MCI Trailer would allow the first responders to treat between 500-1000 people during a large-scale emergency by allowing quick access to on-board equipment and supplies.

Public Safety 2-Way CAD/24-7 Link (2020/21 Carryover) 82,000$ 4,100$ 86,100$ Equipment
x
Add a 2-way link between the 24/7 dispatch system and the CAD system. All stadium personnel operate on the 24/7 dispatch system.

SCPD and SCFD operate on the CAD system. When public safety personnel are sent on calls, the call must be generated by hand in both systems. This causes extra work for dispatchers, however, more importantly this creates delays in reporting and responses to public safety incidents. A 2-way link would allow both systems to “talk” to each other and automatically create incidents in each other’s system.

Additionally, without this link, we cannot log officers on which creates an officer safety issue as well as an issue when it comes to management of personnel.

Public Safety Dispatch Monitors (2020/21 Carryover) 8,000 400 8,400 Equipment
x
Replace dispatch monitors with larger screens. Our public safety dispatchers utilize several screens at their work stations in order to facilitate their duties. The necessary upgrading of our latest public safety communications center’s CAD and associated software will require larger screen area to effectively manage the new information.

These 16 replacement 22" larger monitors are needed to optimize the use and intended application of the latest public safety dispatching software. The larger screens are required to view the additional windows from the CAD system and are expected to last five years. The prior monitors were purchased six years ago and are 19" monitors. The cost includes estimated installation for three workstations.

Santa Clara Stadium Authority
2021/22 CapEx Budget Carryover (cont.)

55 Item Type
SCSA
Requested Description Cost
Remaining
Contingency Total Cost
Public Safety Radio Chargers (2020/21 Carryover) 3,000 150 3,150 Equipment
x
Add three radio charging stations. Our radio equipment is critical and, therefore, their serviceability must be maintained. Each new radio will require a charging port. These three charging stations each have a 6- radio capacity and three are needed to maintain radios at their peak power and usability. Having these three charging stations will ensure all radios are ready for use by public safety without the risk of personnel being without this crucial equipment in a functional state.

Public Safety Radios (2020/21 Carryover) 79,000 3,950 82,950 Equipment
x
Add new radios to equip additional staff in our public safety deployment. Personnel will continue to use these specific radios for varied public safety responsibilities. These radios allow for communication to the command post and between public safety partners working our events. Without these critical radios, personnel would not be able to function in their capacity and as expected to provide public safety services including emergency response. There is a yearly operating cost; requesting quote.

Public Safety GPS Software for Tracking Personnel 25,000 1,250 26,250 Equipment (2019/20 Carryover)
x
Add GPS software to track public safety personnel. Live tracking of law enforcement personnel is critical in providing an accurate picture of public safety coverage. This technology and software will allow the Command Post to know where our personnel are at all times and make necessary assignment adjustments on the go. It is desired that the software also be capable of retaining data for historical analysis. The requested funding of $25,000 is the initial purchase price for approximately 100 devices and the software. There is a monthly operating cost of $30/month each; $36,000 total annually.

Public Safety Fencing on Tasman (2019/20 Carryover) 70,000 3,500 73,500 Equipment
x Add fencing to prevent stadium event pedestrian traffic from crossing unsafely between Lafayette St. and the Tasman St. overcrossing.

Public Safety Street Signage (2017/18 Carryover) 1,000,000 50,000 1,050,000 Equipment
x
Add street signage. This item was brought before the SCSA Board and approved in the 2017/18 budget. Staff has been working with the Department of Public Works, the Executive Director's office and the Chief of Police's office to identify appropriate locations on surrounding city streets (Great America Parkway, Tasman Drive, etc.) to place signage to better protect, inform and serve patrons visiting Levi's ®
Stadium, non-event day traffic, community event advisories and emergency public safety and traffic advisories.

Public Safety Staff Scheduling Software (2019/20 Carryover) 16,250 813 17,063 Equipment
x
The Stadium requires SEOs to operate safely. Notifying and communicating with our SEOs is critical in properly planning our staffing needs. We currently use an out of date version of “Game Day Staffing.” Public Safety Portable License Plate Reader/PTZ Cameras 160,000 8,000 168,000 Equipment (2018/19 Carryover)
x
Purchase portable license plate readers. Placing temporary/moveable license plate readers in remote stadium parking lots will provide better information and intelligence to the Command Post in order to deter crime and assist in apprehending crime suspects in the aftermath of an incident.

Vertical Transport Elevator Door Replacement (2019/20 Carryover) 20,000 1,000 21,000 Replace and install new elevator doors on one of the freight elevators in the stadium.

Subtotal CapEx Equipment Carryover Costs 5,286,250$ 264,313$ 5,550,563$ Carryover costs from the original Stadium Construction Budget for warranty-related work. 1,528,202$ 1,528,202$
Total CapEx Carryover Costs 10,768,363$ 462,009$ 11,230,372$ Santa Clara Stadium Authority
2021/22 CapEx Budget Carryover (cont.)
Stadium Warranty-Related
Construction

56 The Capital Expense budget does not include the requested Levi’s Naming Rights Signage Replacement Project totaling $945,000 which in cludes a 5% contingency. The Naming Rights Agreement Section 5(f) states, “Naming Rights Sponsor shall be entitled, at its sole cost and expense, to replace, update, change, refr esh or refurbish any such in itial signage at any time and from time to time…”. Based on this language, it is the Stadium Authority’s position that the full signage replacement is the responsibilit y of the Naming Rights Sponsor and may constitute a gift of public funds.

There are over 40 CapEx projects that the Stadium Manager has requested over the past three fiscal years and the Stadium Manager has not been able to legally and properly implement these identified needs. The CapEx projects keep growing and, as we all know, repair and maintenance work gets more costly the longer it is delayed. Additionally, given the short turnaround time from receipt of these requests to publishing the proposed budget, the Stadium Authority did not have time to conduct any due diligence on whether the CapEx projects are proper ly assigned to Stadium Authority, estimated accurately, are in fact needed, or any other conf irmation required to support the budgeting of these items. These items are being transmitted as submitted by the Stadium Manager and the Board would be wise to get more information about these projects and purpose for excessive delay in implementing them—including a procurement workplan that provides a schedule for project implementation.

Item Type
SCSA
Requested Description Cost
Contingency
(5% ) Total Cost
General
Levi's Naming Rights Signage Replacement (2020/21 Carryover) 900,000$ 45,000 $ 945,000$
Building Replace Levi's Naming Rights signage. The cost of this project increase from $650,000 to $900,000. Based on the Naming Rights Agreement, it is the Santa Clara Stadium Authority's position that this project is the responsbility of Levi's.

Subtotal Projects Not Recommended 900,000$ 45,000$ 945,000$ Santa Clara Stadium Authority
2021/22 CapEx Project Submittal Not Recommended

57 STADIUM AUTHORITY CAPITAL EXPENSE 5-Y EAR

FORECAST

2021/22 2022/23 2023/24 2024/25 2025/26
Budget Budget Budget Budget Budget
Electrical -$ -$ 750,000$ 1,250,000$ 1,475,000$ General Building 2,790,000 1,875,000 1,138,000 2,050,000 3,100,000 Plumbing - 150,000 - - 375,000 Public Safety - - - - - Security - 150,000 - - 1,110,000 Site - 400,000 - 150,000 450,000 Subtotal CapEx Construction Costs 2,790,000$ 2,575,000$ 1,888,000$ 3,450,000$ 6,510,000$ Audio/Visual -$ 870,000$ -$ -$ 650,000$ FF&E - - 30,000 - 61,669 Food & Beverage - - - - 1,200,000 HVAC/Mechanical - 150,000 - 225,000 225,000 Information Technology - - - - - Life Safety/Fire - - - 50,000 - Security 75,000 - - - - Public Safety Equipment 373,520 526,510 164,010 193,010 28,010 Vertical Support - - - - - Subtotal CapEx Equipment Costs 448,520$ 1,546,510$ 194,010$ 468,010$ 2,164,679$ Contingency (5%) 161,926 206,076 104,101 195,901 433,734 Total CapEx Project Costs 3,400,446$ 4,327,586$ 2,186,111$ 4,113,911$ 9,108,413$ Santa Clara Stadium Authority
Capital Expense Plan Summary - 5 Year Forecast
Contract No: XXXXX
1 FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

CONSTRUCTION CONTRACT

SEWAGE EJECTOR LIFT STATION REPAIR PROJECT

1. P ARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the Forty Niners Stadium Management Company LLC, a Delaware limited liability company (“Stadium Manager”) and Bartley Pump PM, LLC, a Delaware Partnership with its principal place of business at 4000 S. Moorland Avenue, Santa Rosa, CA 95407 (“ Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. R ECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Stadium Manager on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing removal and replacement of lift station related construction services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager . The following license classifications are required for this Project: A, B, C4, C10, C16, C20, or C36.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the Sewage Ejector Lift Station Repair Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.

3. T ERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Procurement and Contract Process Integrity and Conflict of Interest Guidelines (Exhibit “G”)
• Levi’s Stadium Jobsite Rules (Exhibit “H”)
• Addenda
- -
Contract No: XXXXX
2 • Change Orders executed by the Stadium Manager
• 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit ”C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager .

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work , such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such chan ge in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/”Or Equal ”. Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a fin ding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than seven (7) calendar days prior to the bid submission deadline set fo rth in the Notice Inviting Bids as it may be amended. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected or submitted untimely, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

Contract No: XXXXX
3 Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions and/or Services/Schedule exhibits attached hereto (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within forty (40) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Stadium Manager. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Stadium Manager will suffer damage.

3.3.2 Force Majeure. Neither Stadium Manager nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract.

Contractor’s exclusive remedy in the event of delay covered under this Section shall be a non - compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages the sum of $100 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the Contract No: XXXXX
4 State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. Stadium Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 Stadium Manager’s Basic Obligation . Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Stadium Manager agrees to pay Contractor the Total Contract Price of _________________ Dollars ($ _________.00) (“Total Contract Pri ce”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Stadium Manager.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Stadium Manager will arrange for payment of the Total Contract Price upon completion and approval by Stadium Manager of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Stadium Manager will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Stadium Manager an itemized application for payment in the format supplied by the Stadium Manager indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Stadium Manager may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a -
Contract No: XXXXX
5 detailed schedule of values upon request of the Stadium Manager and in such detail and form as the Stadium Manager shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment . Stadium Manager shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the Stadium Manager, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Deductions and Withholdings. In addition to Contract retentions, the Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; and (11) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not cons titute a waiver of the Stadium Manager’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract ” shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager at the time of Contract No: XXXXX
6 payment. To the extent that title has not previously been vested in the Stadium Manager by reason of payments, full title shall pass to the Stadium Manager at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items.

Such transfer of title shall not imply acceptance by the Stadium Manager, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases . Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works ” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection Contract No: XXXXX
7 with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the D ivision of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Proof of Compliance. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Proof of such compliance may include proof of Contractor and subcontractor registration with the Department of Industrial Relations, California certified payroll form A -131, statements of non -performance for work not undertaken at any point during the Project, DAS 140/142 forms for all apprenticeable crafts or trades, proper fringe benefits statements, and any other such documents that may be required under this Section 3.7. At any time during or subsequent to the full performance of the services under this Agreement, Stadium Manager and/or the Santa Clara Stadium Authority may require Contractor to produce complete and adequate compliance records, subject to Stadium Manager and/or the Santa Clara Stadium Authority’s satisfaction, prior to release of payment.

3.7.15 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless Contract No: XXXXX
8 from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified Parties for any alleged violations. In addition, Stadium Manager may seek damages from Contract No: XXXXX
9 Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy.

Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager ’s attorney’s fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. Stadium Manager shall further comply with all requirements specified in the Stadium Manager’s Procurement and Contract Process Integrity and Conflict of Interest Guidelines, which are attached hereto as Exhibit “G” and incorporated herein by this reference. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager , Contractor shall be solely responsible for all costs arising therefrom. Stadium Manager is subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Contract No: XXXXX
10 Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Stadium Manager permits, Contractor shall pay the Stadium Manager’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of:
(1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work.

Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel- powered engine. Contractor shall indemnify the Contract No: XXXXX
11 Indemnified Parties (defined below) against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager . Once the Work is acceptable to Stadium Manager, Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the Stadium Manager, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Stadium Manager. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract .

Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Stadium Manager and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM. ” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

Contract No: XXXXX
12 3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code Section 12650 et seq.

3.10.4 Stadium Manager’s Response. Upon receipt of a claim pursuant to this Section, Stadium Manager shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the Stadium Manager issues its written statement.

3.10.4.1 If Stadium Manager needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Stadium Manager shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

Contract No: XXXXX
13 3.10.4.2 Within 30 days of receipt of a claim, Stadium Manager may request in writing additional documentation supporting the claim or relating to defenses or claims Stadium Manager may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Stadium Manager and the Contractor.

3.10.4.3 Stadium Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer . If the Contractor disputes Stadium Manager’s written response, or Stadium Manager fails to respond within the time prescribed, the Contractor may so notify Stadium Manager, in writing, either within 15 days of receipt of Stadium Manager ’s response or within 15 days of Stadium Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Stadium Manager shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Stadium Manager shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after Stadium Manager issues its written statement. Any disputed portion of the claim, as identified by t he Contractor in writing, shall be submitted to nonbinding mediation, with Stadium Manager and the Contractor sharing the associated costs equally. Stadium Manager and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this Section, mediat ion includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.10.6.3 Unless otherwise agreed to by Stadium Manager and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

Contract No: XXXXX
14 3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the Stadium Manager .

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor.

If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Stadium Manager. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. Stadium Manager’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. Stadium Contract No: XXXXX
15 Manager’s failure to respond shall not waive Stadium Manager’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, Forty Niners SC Stadium Company LLC, Forty Niners Football Company LLC, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi’s Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s Stadium, and each of them (collectively, the “Indemnified Parties”), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties’ agents, servants, or independent contractors who are directly responsible to the Indemnified Parties , or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of Stadium Manager’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this Section that may be brought or instituted against the Indemnified Parties. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Indemnified Parties for the cost of any settlement paid by the Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Indemnified Parties' attorney's fees and costs, including expert witness fees. Contractor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties.

3.13 Insurance.

Contract No: XXXXX
16 3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State o f California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager , its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium Contract No: XXXXX
17 Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Stadium Manager , its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Stadium Manager , its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on Contract No: XXXXX
18 its behalf, and shall be on forms supplied or approved by the Stadium Manager . All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager , its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

3.13.9 Reporting of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager . If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.

Contract No: XXXXX
19 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of two (2) years (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager , regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal Contract No: XXXXX
20 law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager’s Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“Stadium Manager’s Representative” ). Stadium Manager ’s Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager (“′Contractor’s Representative”).

Following approval by the Stadium Manager, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Stadium Manager’s written approval.

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contrac tor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.

In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Stadium Contract No: XXXXX
21 Manager all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Stadium Manager tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addres sed as follows:

CONTRACTOR:

Bartley Pump PM, LLC
4000 S. Moorland Avenue
Santa Rosa, CA 95407
Attn: Jason Smith, General Manager

S
TADIUM MANAGER:

Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
Attn: Ryan Van Maarth, VP of Stadium Operations & Strategic Planning

With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054

Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence . Time is o f the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Contract No: XXXXX
22 3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors . The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 Levi’s Stadium Jobsite Rules. Contractor and its subcontractors of every tier and their officers, employees, workers, consultants, volunteers, agents shall comply with the Levi’s Stadium Jobsite Rules attached hereto as Exhibit “H” and incorporated herein by this reference. Failure to comply with the Levi’s Stadium Jobsite Rules may lead to dismissal of any violating parties from the Project site. Contractor shall be solely responsible for any time and cost impacts arising out of any failure to comply with the Levi’s Stadium Jobsite Rules.

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Agreement without liability.

For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the dat e of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions Contract No: XXXXX
23 concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadium Manager’s Right to Employ Other Contractors . Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

Contract No: XXXXX
24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

AND BARTLEY PUMP PM, LLC

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

FORTY NINERS STADIUM BARTLEY PUMP PM, LLC

MANAGEMENT COMPANY LLC

By: By:

Jim Mercurio
EVP and General Manager Its:

Printed Name:

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EXHIBIT “A”

SERVICES/SCHEDULE
Sewage Ejector Sewage Ejector Lift Station Repair Project Specifications

PURPOSE

The Stadium Manager is seeking a Contractor to replace the pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, & D on 100 level at Levi’s Stadium. The existing lift station equipment was installed as part of original construction of the stadium. The operation of the lift station equipment is essential to the successful operation of the stadium.

The equipment identified for replacement in this document is scheduled for replacement due to regular wear and tear. The Stadium Manager is replacing this equipment prior to failure due to end of life of the equipment. The Contractor is responsible for the removal and disposal of existing equipment, furnish and installation of new equipment, and the start-up and commissioning of the lift stations after installation as described herein.

SCOPE OF WORK:

The Contractor shall replace portions of the existing lift station equipment, including pumps, floats, motors, and wiring in Quadrants A, B, C and D, as specified below by quadrant location.

A depiction of the typical replacement at all four quadrants is attached hereto as Exhibit “A-1” – per the depiction, the pump is to be replaced and the existing flange kit, floor elbow, and sub base is to remain.

Additionally, the Contractor shall include the following services as part of the Project at each quadrant:

1. The Contractor shall pump out and clean each pit.

2. The Contractor shall remove and dispose of existing equipment for each item identified to be installed. The Stadium Manager reserves the right to retain ownership of the existing pumps after removal at the discretion of the Stadium Manager.

3. The Contractor shall include startup and commissioning performed by California Hydronics Corporation (“Cal-Hydronics”) or approved equal for all equipment.

4. The Contractor shall maintain operation of the lift station during the replacement of the existing equipment.

5. The Contractor shall deliver project Operations and Maintenance (O&M) Manuals prior to Project completion.

6. Contractor shall provide protection for all existing building components beneath and around the work. Any damage to existing building components caused by the Contractor shall be immediately repaired or replaced at Contractor’s sole expense in a manner acceptable to and approved by Stadium Manager.

7. In all active work areas, the Contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area. This not only includes areas surrounding the work, but also includes areas below the work.

Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis.

8. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.

9. Protect all adjacent surfaces as required by field conditions.

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BASE BID SCOPE:

Quadrant A (Sewage Ejector “SE” 1): The Contractor shall dispose, remove, furnish, install, startup and commission the following equipment in Quadrant A:

Item A1: The Contractor shall furnish and install two (2) Weil Model 2536-4" Submersible (SLICER) Pumps. Pumps shall match the existing

7.5HP/1750RPM/460V/60HZ/3PHASE 200GPM@ 55' TDH. The Contractor shall remove and dispose of the existing equipment. The Stadium Manager reserves the right to retain the existing pumps after removal at the discretion of the Stadium Manager.

Item A2: The Contractor shall furnish and install four (4) Weil Model 8234 float switches with sidewall /cover mounting bracket 40'. The Contractor shall remove and dispose of the existing equipment.

Item A3: The Contractor shall furnish and install one (1) Weil Model 8165P-NEMA 4 Control Panel UL Listed with magnetic contactors, disconnect, overload protection. T-O- A switches, transformer, pilot lights, hour meter, double door dead front, temperature limiter circuit, intrinsically safe moisture sensor relay float circuitry, HWA horn & flashing dome light & isolated contact. Contractor to furnish and install Weil 8262 level transmitter to work with the 8165P PLC panel. The Contractor shall remove and dispose of the existing equipment.

Item A4: The Contractor shall furnish and install two (2) stainless steel hatches with hinges, handles, padlock hasp and rubber seals that measure at least 25” by 35” and fit on the existing cover plate, as shown in Exhibit “A-2”. The Contractor shall remove and dispose of the existing hatches.

Item A5: The Contractor shall furnish and install stainless steel pull rails compatible with specified equipment. The Contractor shall remove and dispose of the existing rails.

Quadrant C (Sewage Ejector “SE” 3): The Contractor shall dispose, remove, furnish, install, startup and commission the following equipment in Quadrant C:

Item C1: The Contractor shall furnish and install two (2) Weil Model 2536-4" Submersible (SLICER) Pumps. Pumps shall match the existing

Item C2: The Contractor shall furnish and install four (4) Weil Model 8234 float switches with sidewall /cover mounting bracket 40'. Contractor shall remove and dispose of the existing equipment.

Item C3: The Contractor shall furnish and install one (1) Weil Model 8165P-NEMA 4 Control Panel UL Listed with magnetic contactors, disconnect, overload protection. T-O- A switches, transformer, pilot lights, hour meter, double door dead front, temperature limiter circuit, intrinsically safe moisture sensor relay float circuitry, HWA horn & flashing dome light and isolated contact. Contractor to furnish and install Weil 8262 level

- 27 -
transmitter to work with the 8165P PLC panel. The Contractor shall remove and dispose of the existing equipment.

Item C4: The Contractor shall furnish and install two (2) stainless steel hatches with hinges, handles padlock hasp and rubber seals that measure at least 25” by 35” and fit on the existing cover plate as shown in Exhibit “A-2”. The Contractor shall remove and dispose of the existing hatches.

Item C5: The Contractor shall furnish and install stainless steel pull rails compatible with specified equipment. The Contractor shall remove and dispose of the existing rails.

ADDITIVE ALTERNATE NO. 1 SCOPE:

Quadrant B (Sewage Ejector “SE” 2): The Contractor shall dispose, remove, furnish, install, startup and commission the following equipment in Quadrant B:

Item B1: Contractor shall furnish and install two (2) Weil Model 2536-4" Submersible (SLICER) Pumps. Pumps shall match the existing

Item B2: The Contractor shall furnish and install four (4) Weil Model 8234 float switches with sidewall /cover mounting bracket 40'. The Contractor shall remove and dispose of the existing equipment.

Item B3: The Contractor shall furnish and install one (1) Weil Model 8165P-NEMA 4 Control Panel UL Listed with magnetic contactors, disconnect, overload protection. T-O- A switches, transformer, pilot lights, hour meter, double door dead front, temperature limiter circuit, intrinsically safe moisture sensor relay float circuitry, HWA horn & flashing dome light & isolated contact. Contractor to furnish and install Weil 8262 level transmitter to work with the 8165P PLC panel. Contractor shall remove and dispose of the existing equipment.

Item B4: The Contractor shall furnish and install two (2) stainless steel hatches with hinges, handles, padlock hasp and rubber seals that measure at least 25” by 35” and fit on the existing cover plate as shown in Exhibit “A-2”. The Contractor shall remove and dispose of the existing hatches.

Item B5: The Contractor shall furnish and install stainless steel pull rails compatible with specified equipment. The Contractor shall remove and dispose of the existing rails.

ADDITIVE ALTERNATE NO. 2 SCOPE:

Quadrant D (Sewage Ejector “SE” 4): The Contractor shall dispose, remove, furnish, install, startup and commission the following equipment in Quadrant D:

Item D1: The Contractor shall furnish and install two (2) Weil Model 2536-4" Submersible (SLICER) Pumps. Pumps shall match the existing

7.5HP/1750RPM/460V/60HZ/3PHASE 200GPM@ 55' TDH. The Contractor shall

- 28 -
remove and dispose of the existing equipment. The Stadium Manager reserves the right to retain the existing pumps after removal at the discretion of the Stadium Manager.

Item D2: The Contractor shall furnish and install four (4) Weil Model 8234 float switches with sidewall /cover mounting bracket 40'. The Contractor shall remove and dispose of the existing equipment.

Item D3: The Contractor shall furnish and install one (1) Weil Model 8165P-NEMA 4 Control Panel UL Listed with magnetic contactors, disconnect, overload protection. T-O- A switches, transformer, pilot lights, hour meter, double door dead front, temperature limiter circuit, intrinsically safe moisture sensor relay float circuitry, HWA horn & flashing dome light & isolated contact. Contractor to furnish and install Weil 8262 level transmitter to work with the 8165P PLC panel. The Contractor shall remove and dispose of the existing equipment.

Item D4: The Contractor shall furnish and install two (2) stainless steel hatches with hinges, handles padlock hasp and rubber seals that measure at least 25” by 35” and fit on the existing cover plate as shown in Exhibit “A-2”. The Contractor shall remove and dispose of the existing hatches.

Item D5: The Contractor shall furnish and install stainless steel pull rails compatible with specified equipment. The Contractor shall remove and dispose of the existing rails.

INSTALLATION:

The Contractor is responsible for handling and installation of materials per the manufacturer’s recommendations and requirements. The Contractor shall provide all tools, labor, materials and accessories necessary to complete the installation per the manufacturer’s requirements.

The Project site is Levi’s Stadium, which is located at the following address:

Levi’s Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054

REFERENCE DOCUMENTS:

The F.W. Spencer & Son, Inc. Operation & Maintenance Manual from original construction is attached to this document as Exhibit “A-3” for reference.

SCHEDULE:

Delivery and installation of materials is required within the Contract Time specified in the Contract Documents. The Contractor shall coordinate with Stadium Manager to schedule delivery, site access, and performance of all work for the Project.

HOURS OF AVAILABILITY:

On-site support is available from the Engineering Department of Levi’s Stadium with at least 96 hours’ prior notice. Support services may be limited in range and are subject to approval from the Stadium Manager or designee.

- 29 -

The Contractor may assume that work can be performed during normal business hours on Monday through Friday. However, the Contractor shall coordinate the Work in advance to avoid conflict with the Levi’s Stadium event schedule.

SAFETY:

Contractor shall be qualified to perform work in confined spaces in accordance with OSHA and CalOSHA requirements and shall include all costs associated with working in Confined Spaces in its bid.

- 30 -
EXHIBIT “A-1”

Depiction of Pump Replacement

Pump to be
rep laced
Pump
Red shaded
area to include
the Flange Kit,
Floor Elbow,
and Sub Base
to rema in.

Sliding Bracket
Flange Kit
Floor Elbow
Sub Base

- 31 -
EXHIBIT “A-2”

Images of Existing Cover Plate Hatches

- 32 -

- 33 -

- 34 -
EXHIBIT “A-3”

F.W. Spencer & Son, Inc. Operation & Maintenance Manual (For Reference)

Attached Behind This Page

- 35 -
F.W. SPENCER & SON, INC.

OPERATIO N & MAINTE NANCE MANUAL IN DEX
To: TURNER/DEVCON A JOINT VENTURE
P roject: NEW SANTA CLARA 49ERS NFL STADIUM
Spec Para or
Sec.lion Ofaw# Oescrfptiotl

DRANAG E SYSTEM
22 11 23 PLUMBING PUMPS
C Duplex Submersible Grinde r Sewage Pu mps
SE 1: Weil Model 2536-4" Submersible (SLICER) Pump

7.5HP/1750RPM1460V/60HZ/3PHASE 200GPM@ 55' TOH
including the following:
(2) Weil Model 2613-4"Removal System wfOischa rge flange kit (4) Weil Model 8234 float switches w/sidewall /cover mtg bracket 40' (1) Weil Model 8 165-NEMA 4 Control Panel UL Listed with magnetic contactors. disconnect. overload protec tion. T-0-A switches, transformer, pilot lights, hour meter, double door dead front. temperature limiter circuit , lntrinsica11y safe moi sture sensor relay float circuitry. HWA horn & flashing dome light & isolated contact Weil Model 8815 (NON H20 RATED) 72" Squa re Cover, Curb frame Anchor ctips and gasket
Duplex Submersible Grinder Sewage Pumps
SE 2: Weil Model 2536-4" Submersible (SLICER) Pump
15HP/1750 RPM/460V/60HZ/3PHAS E 400GPM@ 55' TOH
including the following:
(2) Weil Model 2613-4"Removal System wfOischa rge flange kit (4) Weil Model 8234 float switches w/sidewall /oover mtg bracket 40' (1) Weil Model 8 165-NEMA 4 Control Panel UL Listed with magnetic contactors. disconn ect. overload protection. T-0-A switches. transformer, pilot lights, hour meter. double doo r dead front temperature liMitet circuit. ,~tM$1cally $8fe MO,$tu,e $M$6t relay float circuitry, HWA horn & flashing dome light & iso lated contact Weil Model 8815 (NO N H20 RATED) 72" Squa re Cover, Curb frame Anchor clips and gasket
C Duplex Submersible Grinde r Sewage Pu mps
SE3: Well Model 2536-4" Submersible (SL ICER) Pump

7.5HP/17SORPM/460V/60HZ/ 3PHASE 150GPM@ 55' TOH
including the following :
(2) Weil Model 2613-4"Remova l System wfOisch arge flange kit (4) Weil Model 8234 float switches w/sidewall !cover mtg bracket 40' (1)Weil Model 8 165-NEMA 4 Control Panel UL Listed with magnetic contactors. disco nnect. overload protection. T ~~A switches, transformer, piJot lights, hour meter, double door dead front. temperatu re limiter circuit , intrinsically safe moi sture sensor relay float circuitry, HWA horn & flashing dome light & iso lated contact Weil Model 8815 (NO N H20 RATED) 72" Squa re Cover . Curb frame Anch or d ips artd gasket
Exhibit A
Date:

Job #:

10.14 . 13
1202
Section: 22 11 23
TabE #1
Supp//e<
California Hydronics
2293 Tripaldl Way
Hayward, CA 94545
(510) 293-1993
Contact: Ken Carey

- 36 -
F.W. SPENCER & SON, INC.

OPERATIO N & MAINTE NANCE MANUAL IN DEX
To: TURNER/DEVCON A JOINT VENTURE
Project: NEW SANTA CLARA 49ERS NFL STADIUM
Spec Para or
Secrroo Ot'aw # Oescriptlofl
22 11 23 PLUMBIN G PUMPS
C Duplex Submersible Grinder Sewage Pumps
SE4: Weil Model 2519-4" Submersible Pumps

7.5HP11750RPM/460V/60HZ/3PHASE 125GPM@ 55' TOH
i ncl udin g the following :
(2) Weil Model 2613-4"Remova l System w/Discharge flange kit (4) Weil Model 8234 float switches w/sidewall loover mtg bracke t 80' (1) Weil Model 8 165-NEMA 4 Control Panel UL Listed with magnetic oontactors , disconnect. ove rload protection. T-0-A switches , transforme r, pilot lights, hour meter. double door dead front temperature limiter circuit, intrinsically safe moisture sensor relay float circuitry, HWA horn & flashing dome light & isolate d contact Cover
SE 5: Weil Model 1601·2" Submersible Pumps
3/4HP/ 1750RPM/460V/60HZ/3PHASE 50GPM@ 25' TOH
i ncludin g the foll o wing:
(4) Weil Model 8234 float switches w/sidewall /rover mtg bradcet 40' (1) Well Model 8 15 1-NEMA 4 Control Panel UL Listed with magneti c contactors. main thru door disconn ect. combina tion manual disconnec ts and motor circuit protectors, short circuit protection T-0 -A switches , trasn former, pilot light, K7102 dome light Exhib it A
Date: 10.4. 13
Job # : 1202
Section: 22 11 23
T.ibE #1
Suo,,1/e<
California Hydeonics
2293 Tripaldl Way
Hayward, CA 94545
(510) 293-1993
C-0ntact: Kerl Carey

- 37 -
Date: May I, 2012
2 293 TRJPAL01 WAY • 1'0 BOX 5049 • HAYWARD, CA 9 4540-50 4 9 TELE;l'H0NE 5 J0-293 - t 993 • ,-Ax 510 -293 -3080
www.CHCbydronies .com
Exhibit A
Job: 49er New Stadium
Eng: M-E DESIGN BUILD, LLC
Conlr: FW Spencer and Son, Inc
Rep: CHC-Califomia HydJ'Onics Corp.

Tag: Sewage EjecLOr SE-I
Weil duplex liil station to consist oftbe following components shipped loose for field installation by couLractor.
(2) Model 2536-4'' submersible Slicer pumps each sized for 200 GPM @ 55' TC using 7 .5 HP/1750/460/60/3 air filled explosion proof motors. Pump to have seal moisture se11sing probes a11d 20 ft power/se11sor cables. (2) Model 26 13-4" rcrnova.l systems with discharge 0angc kit. Guide rails by other (4) Model 8234 noat switches with sidewall/cover mounting bracket. 40' (I) Model 8165- NEMA 4 control panel, UL listed, magnetic contactors, diSC-On.nect, overload protection, T-0-A switches, transformer, pilot lights, hour meters, double door dead front, temperature limiter circuit, iotriosically sa moisture sensor relay lloat circuitry, HWA horn & flashing dome light and isolated contact.

Model 8815 72" square cover, curb frame, anchor clips and gasket (NON H20 Rated)

- 38 -
22 11 l3
WEIL Submersible 4-lnch Slicer Pump ExhibltA2536
Pump
Case - Cast Iron
Impeller - Cast Iron
Slicer Blades - 440C Stainless Steel
Stainless Steel Hardwa re
Motor
A.ir-fiU,ed Hermetic all y Sealed
Shaft - 316 Stainless Steel
Motor Shell - Cast Iron
Power Cord Length - 25 fl.

Insulation • Class F
Ball Be.arings - 2 - Double Sealed
Stainless Steel Lifting Cable - 20 ft.

Pump Type
Disch. Size
Disch. Type
Mounting Style
• Explos ion-Proof Motor
Slice r
4 Inch
ANS I
2613 Removal
• Moisture Senso r and lempera ture Limiter
Minim
Disch . Duolex
Above
Grade 54Inches
Below
Grade 60 Inches
LlfTING
BAIL lOf.\l. H[AD
MTR PSt n 1750 RPM I 1.0 s.c. 70'F ¢UR'/t NVW8(R. CK 2!:13t- ' I~ PUMP Sil!: : 11 NCl1 A"1SI
40 MAX
Job: 49ers New Stad ium
Eng: M-E Design Build, LLC
0 NEW
J7 52 120
" ,. 110
,, <l 100
., J9 90
,. JS 80
21 JO 70 -
18 26 ,o -
IS 22 ,. -
12 17 40
• IJ JO
6 • 20
> '
10 V.S ¢Al.lCNS
P(R MN\ll(
OJl:IIC Mt1£RS
Pfit HWR
Mfg Rep: carrrornla Hydronlcs 11
Contr: FW Spence r Son
May 1, 2012
' '
o·
-' ' ' -- "-
'
-
0 100 200
0 Z> ,,
SN-2536
WAX SPHERE· 5i ,;;fFI
88-!Y.'-.l~J.15878
11 n-Cl
'·
'
~
. .... ' i-... ,--:. ..,_
' --- "'
~ .:.. '
' ' ~

7.S HP \ 0 !iP '5 p
........

JOO ,., soo 600 700 aoo
•• .. ... ,,. ,,. .. ,
JANUARY I. 2003 2536

- 39 -
WEIL 4 Inch Removal System ~-------------~ F1at guide pipe bracket Above cover discharge l
""°' T WcW.UC..-...
....,_
......

Discharge Flange Kit - For Floor Elbow
loelu6es - P1ange. Gasket and Hardware
Weil = 2 boll oval con figuration
Order Pipe Type Fla.age
Numb<r "l)'p<
U13K2CM Plai.n End Weil
2613KICM Threaded Wei l
UllK.106 Threaded ANSI
System includes:
• Oifchar&e• Floor Elbow • one
• Sliding DRCket - one
• Iron
• Guide Pipe t:Jrac«et - one
V\). Flat(covcr mount)• bohs lo wcl well QO\tc;ror
OptiotS:
• Discharge Flan~ Kil for FJoor Elbow
• S,b Dase for Floor Elbow
Removal System:

Order
NWD.bcr
SUdi•& Guide Pipe Wt
Bracket Bracket Lbs
lntemediate Guide Pipe Bracket
WS.666.001 W1em'.ltdiate Ouide ripe Bractet
l

9.S0 8,00
l
SN-2613-4
NOV. 1,20 10
Weil Oval
Mooru
MSJMCH.att
8 Holes
2613-4

- 40 -
WEIL 4 Inch Removal System
•• +-...:::i;;.i:-- 7-'+-- ~ ,l
C«iti:iOf I W(!I Well ♦
lOl/-4
f'luul Dbo.mF flbvw
MoWJtill8S~,
SN-2613-4-P2
@BCB"""'1
Ou:ide Pipo llns.tkd
SUlinlfflS-.1
T""""' Lc:vrl Co(ilrol
(Not lncbdcd)
S~SN-11230
Sp«.Sb«t
,_ _______ N_,ov. 1, 2010
~ I BCB - Duplex I ......,eo,,,..

Liftin& Asscubly
""imTAiJPioce
'.ll4"Mo-Pip, - ---~
fotLf:YC1Coolrols
{Noclnch,ldod)
Sub Base for Duplex lnstaUatlons
Stce1 galvlUlixod sub ba,e. witb ,titnk ss steel s1·ud:s is 1.1sod to locate. and install the. 2613 discharge floor elbow$ in a 'Wet well.

Mounting k>cations match nandard Weil 8804/8806/88 15
wet welt OO\'Cf1,
Three 9/ 16 holes for bolting 10 the wet well floor.

Waterproof adhesive 3M Mari:oo 5200 could be u."ied instead of bolting.

Order Number
26l3K5-03
Stud
Siu
l/8"
Mia. Wet Wt.ll
Ola.
48"
U vel Control Llfl!ng Assembly
docs not include le\·el control switches
0r tn<>lll'l\i:n.g plpc. Sec SN-8220 and SN-$'2'3-0
Order Number
2613Kll0l
Page2

- 41 -
WEIL Tethered Level Control Exhi~ 34
lntrinsically Safe Circuit Float Switch
The 8234 switch is required wbco intri.osically safe
n;lavs are lLSod for pumo ~nlrOl or high water alann
circuits. Switches are rated J amp.

An intrinsically safe circuit operate$ at a low DC
vo1tage llod curreot - typically 9-volts, IO milliamps. A small amount of oxidation on the switch oontactscan
cause unreliable circ uit operation.
lbe contacts in the hermetically scaled mercury switch
compartment or the gold plated contacts of the 8234
float switch remain corrosion 1Rc. This wsurcs trouble
free operation.

Each tctbcn.-d switch includes a oord grip and strap
mount for mounting to a 3/4 incb or l iocb diameter
pipe.

Mountfog Brackt.t
4112-i
8234 Single Pole
o fcaaTntetffSwlfi:h
~onl Approx.

Ordt:r Number Len~b (ft.) Wt. (Lbs.)
~ rr· ~
8234Kl008G
'" 40
60 2 wrre cord • Ul;.ick/Wbit~
6 '
- ,
~----1 )
14--4--4J---;;,. I
-"""~·"'-➔--+--~-~ '"""
Mounting Plate ~..,,,~
0 0
.,;,,--1,+i•'----<~
Mououo.c_/ t~ ...., 0 0
8234 Options
,_
we we wa. 1pe- o mcu
Dupler. Configuration.
--Cor<I
Moun.ring Plate Grip
Wet Well
Cover
8234

- 42 -
WEIL
8165
Duplex Alternating Pump Control Panel
Intrinsically Safe 'llelay Meets U/L 698A
HORN
SLLl!NCl!
Type 4 Double Door Dead Front Enclosure
Alann Light

INNER DOOR VTEW
1w··~"I
lrfoi:I
""" ' 00
,...,. '
0 o
MD 2
0 o
8234 T•thered
Mounting
Plate
HWN
High Water
LSA
Lag/Staudby
LS3
LeacVStart.'J-6.J
LS2 '
SN-8165
\ et Well
~Cover
f\JLY I, 2008
Ill
8165
Duplex

- 43 -
Exhibit A
WEIL Duplex Alternating Pump Control Panel 8165
Intrinsically Safe Relay Meets U/L 698A Duplex
Type 4 Double Door Dead Front Enclosure
• Tbt 8l6S is a full featl.RCI duf'llex paocl tMI cootrob two JMS1PS wiib UJL cxplo$ioo.proo£ motors.
• Plntlambeoperued oaSOot60Henipowtr ,
• R.cqw.rct model 82")4 sing;Jc-pole levd swi1c:be& • lhnc ro, Ind 00llbtll IDd ooe for hip water alum.
• l)pc 4 ~ ror iDdoof orouldoo r use. Provides a
degree of proecc:tio.ri -,ainst &.l.linJ ~ta, $()lullina waee:r ffld ~ waicr; Wldamag,ed by lbc formation of Ice oa
the CflClosurc.
• Excccdl type I, 3R and 12 rcquirmicots.

A!annligbt
u
OllTER DOOR vmw
l!DClosurt sl:u 14H s 14W x 8D
Ceatrol f•ntl Sdettlon Gutd~
- Dclmntnc fbue W Vol.
- Dcccnnine maximum nm current i.n
ampt required by the pump C'ICII.Of.

MO<or 0.-.tr 1''amlH!r
Protrttter
Ampa..nr
- ► 10.0 - 16.0 I
I .
f••dloddff
• U,,,. Li'1cd Label - moc:u U/L 693A
• Ugbis, ~ mCGer, swilehcs. and rac buttom are mounted on inosdoor .
• One locbblc pand difflme,ct; dito.tbo-doot wicb door
inllefJoot oo iM«dOOf. Tbc mecbanklil b:llntoct prt\'etlts die dGo.-&om beillg 0pfflNI wfleo die di::sconocct is iD lbc ON potilioa. Lock is not provided.
• Padloa111g t,up . oa owr <loor. l»'(lloct DOC io<:h1dcd. • Two locbb lc pump dl$COM«&1. ooc ror cad! pump moeor. lock ii OOl provided.
• Eloctric AJtcrlUl(Of. ,-.."<>Coouelors-1.ncbtrial Duey. • Two 0.-Uloads • o~ pu pump. Ambimt oocnpeoA ted bi
metallic (elm: 10) mococ,overtoad cirouit protc<:ror.
lnsWllaDCO'll$ mapictic trip (Of short clrtu:it JIIOlcctioa. Single pbue protee1ioo for threc-ph.uc motor,, Field adjustable •·idutl die: amp fffi8e:.
• Co«iirol uaosformer w1tb tused pnma,y Uld ru9ed
e«otidllry()n all lliree•pbate Md ii:inglo,pba$c 208 md 2.J0.,-011.

Sln&ic-pba9C J Js.,·olt bas• fused controJ circuit.
• Pump ND swildies • one pct pump. Thrce positiOD TOA (te$t• off,autoroatic) with spl'UII refllrn to off from 1cSl.
• Clr«O liabt illdiwa powu 10 pw:n,, motor. Ooc Ugb1 per P'lfDP. • Atnt,cr Ugbt iodical(:S ooolt\ll powt:r OJI. Ught is ni~ '°' lOO,OOObtY.lt'I.
• Red Ovdload lil;M iDCliclltes motor O\Wload coodition 111d pump is o{T. LiaM rernaQ oo aod PIWJ> fflJllins ofl'until rctet. One tigbl per pl.Clip.
• Hour mettrS (2). Non raeHtng ender indicates lotl:11 puq, Rlll .....
• Mois~&eflSOf relay and plll'IIJI sb.Ol di:IWII Cd'Cllil mounlcd inside:
toCloS'lltt\. Amber ligtlls indi~te moistuff in pump motor. lndudcs mol:srure ttMOI' - ~llOll.
• Tett1petltUre lin'li1e:r drcuil shub down pwnp mntor wbes ll'IOlot O'l'U tanpen!Wc U ktiOd . ne 1cmpcral\lft limilcr circu11 ~tical ly tctt1S wbctl the mc,,or ttmpcrt1.ture l'Mls tio 11 IIOOJ)II openru.ng ratlge. 0 lue legl1t i.:ndica1'cs thtff is I tnCMOf ~ temperarute.
• llltriosic,,Uy safe rday aod itrtriMically uJe cirtu.it tor 4 kw:I oootrol ••·i~ct.
• H'.al) Wattr Alona System.
• HWA Tat•AIIIO-SiJeocc twildl with spri.Qg rctum from lcal IOd tilttlee position.
• Jltd HWA li,gbt oa inner door.
• Hom.. 9S dB, a.od siknot button mollldCCI oa. tide or coe-loture. • Two iJo:Jatcd con&acts for mnoec mon.itol"Ulg and'or
lckpbooc conocction.
• Alarm Dome Ligh't • WAG. red fiMbiog oo !Op of cocliowrc.

Lip! indicates• motor ow:rload or hifl water alarm condit»ft.

Would &!so indica.tc moistuR iii molor or moior over
~ ttmoismre 1MWMhM~11•e limiW fl(ffllWI i,:
onlcnd. Light remains oo llMil cooditioa is c,otn?Qd.
• CoDttOI Tetminal bo:ud, oumbmd ood wired.
• l.o)'Ol,II Mid scbcmaUC CAD diagnims arc proYided. to.,taDcr ()O~tion, at lcrmioal board ~ ck:arly matted.
"""''· l'bJ'CIH'III N
... W t:lgtll
Volb ....
fl 816S-T-160 Ii 81
Bow to Order: Specify theOrderNumbtt, System Phase and Voltage, aod Pump Motor HP. f.0.8. C~ (Mil-.1:o,) . Wi,coosin
8165 ReplQQeo SN 816S, Au~2. 200'1 SN 8 165 JULY I, 2008

- 44 -
WEIL Square Wet Well Cover Exhibll A 8815
s"ubmersible 2613 Removal System
Includes Not Included
--•- t.&vel-cootrol-opcning--and-pla1&-fol'-j)N&&Ure---,a-Mount ing-hardw~ff-f-o~mete r-of-oovc, diapbragro or tethered float switches. • Level control pipe Plate has :
- Coupliog for level control pipe Cov t.\r St-lcttion
- Four cable holes for level controls l. Detem1ine the wet well size. Mol.fflti:.;_ Sklc • Motor cable opening and plate for motor cables.

Plate bas:
- Two pump power ca.ble ho!cs with cord grips
• Two pump sensor cable boles with cord grips,
if required
• Vent kit Blank, 2, 3, or 4 inch.
• Hinged access door with handle. and padlock hasp
• Upper guide rail bracket mounting ho Jes
• Plango kit!i for above cove r disc h!lfge pipe i; or
blan.kin_g plates for below cove( discharge
openings

2. Identify pump system.

3. Identify level controls
Discharge Pipe Size 2
(H) • Cntr/Cntr 9
3 I I
4 6
13 16
Sp0cing iaS for standard pip ing center to
center inches
Cover Size
2h28
34 X 34
40x 40
#x 46
53 X 53
66x66
78x 78
90x 00
• Locations of vent, level control plate, and motor cable plate will Yary.

A
I
I
I
I
12 14
16 16
Duplex - Two Pump Openings
~ Mo.or
f ,eve l CO('lllrol
,,...

Pump 0;,c ni.ngl
With Doon
X C11bk
""" B
.
.
.

I
I 1/2
I 1/2
I 1/2
--How-10-8rd e=pccify-01oo-Nua,bc,;-A1>0YC-orilcl--.r-Bi,ciw-ge;--M!i,,,cl:evcl ·eontrol4'yp c;.uul'flp tiuns: F.O.B. Cedar burg (Milwaukee), Wisconsin
Replaces SN-8815, May 2, 2005 SN-8815 DECEMBER I, 2008 8815

- 45 -

WEIL
q f8815Kl3 67 ?2' 72 78x7 8 4 0500 (8) 314 19
AU dimensions • i.ocbes.

Options
Order
Number
8800K7006
S800K7007
Option No.
8800K7008A
l>e1C'ri tion
T -lock whh bandk$ wi~ Key • per door
Flus-h Mownod Handles - per door
Description
Gastigbl ScaJcnt I
Nole: Coo.tac-1 fac1ory for anb-shp steel (checkered) cover pricmg DECEMBER I, 2008
13 23x 33 2 799 I D11886 I
Wet \Veil Size• lncbes ' 72
--
A
SN"-8815 8815

- 46 -

EXHIBIT “B”

PLANS AND SPECIFICATIONS
CONTRACTOR SHALL REFER TO EXHIBIT “A” – SERVICES/SCHEDULE FOR THE PROJECT PLANS AND SPECIFICATIONS.

- 47 -
EXHIBIT “C”

SPECIAL CONDITIONS

ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract , the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfa ctory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

1. January 2, 2022

2. April 23, 2022

3. July 29, 2022

Contractor is assumed to have accounted for such events during the duration of the Project as part of its bid and may not claim any time or cost impacts and will not be granted any time extensions or additional compensation as a result of these events.

Contractor shall ensure that any Work performed on the Project site is scheduled with the Stadium Manager in advance.

Stadium Manager has considered these schedule constraints when determining the Contract Time and no additional time or compensation will be added to the Contract due to these schedule constraints.

ARTICLE 5. NOISE RESTRICTIONS
Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

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Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in this Contract , including hours of operation requirements.

ARTICLE 6. SAFETY PROGRAMS
In addition to all other safety requirements of the Contract, Contractor must comply with Cal/OSHA safety requirements at all times during the performance of the Work.

Stadium Manager has considered these safety programs when determining the Contr act Time and no additional time or compensation will be added to the Contract due to these safety programs.

ARTICLE 7. SOLE SOURCE FINDINGS
Stadium Manager has made findings designating the following materials, methods or services by specified brand or trade names, which must be used for the Project:

The existing pumps, floats, control rails, flanges, etc., are all components by Weil pump manufacturing. Weil pumps brand is specified for the repair Project for the following reasons:
• The existing assembly utilizes Weil pumps, controllers, cables, quick connect flanges and floats. If another pump manufacturer is provided for only the pumps there will be compatibility issues with control and potential connection issues to the existing flanges. • The only viable solution to utilizing another manufacturer would be to replace all the components of the system to ensure a properly functioning system. This would include the pumps, wiring, controls, flanges and floats that would result in additional cost to the project.

This would prevent utilizing two manufacturer’s products that would cau se accountability issues.
• The sewage ejector pumps are slicer pumps. These pumps are provided in stadium environments where items and debris get into the sanitary system unique to other facilities.

The slicer pumps were developed by Weil to perform the same as grinder pumps but offer a higher lift capacity which is required due to the height of the stadium field level to get to the gravity sanitary outlet.

Stadium Manager finds the foregoing materials, methods or services are required for the Project because Weil is the original brand selected for the lift station at Levi’s Stadium. In order to match existing products in use and ensure compatibility related to the lift station system functioning as a whole, designating Weil brand pumps is warranted.

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EXHIBIT “D”

BARTLEY PUMP PM, LLC

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

---

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EXHIBIT “E”

DIR Registration Number:

Name of Contractor
Signature
Name and Title
Dated

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

NOW, THEREFORE, we, _______________, the undersigned Contrac tor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of t he lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By

Title

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The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

- 57 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”

PROCUREMENT AND CONTRACT PROCESS INTEGRITY AND CONFLICT OF

INTEREST GUIDELINES

1 PURPOSE

2 DEFINITIONS

2.1 PURCHASING MANAGER
“Purchasing Manager” is the Stadium Manager representative designated by the Stadium Manager to be responsible for the Stadium Manager’s procurement process.

2.2 ELECTED OFFICIAL
"Elected Official" means the City of Santa Clara Mayor, Council Members, City Clerk, and Chief of Police.

2.3 COUNCIL APPOINTEES
"Council Appointees" means the City of Santa Clara City Manager, City Attorney, and City Auditor.

3 GENERAL PROVISIONS

3.1 COMMUNICATION PROTOCOL

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contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

5 CONFIDENTIALITY DURING EVALUATION PROCESS

6 CONFLICT OF INTEREST

7 ALLEGATIONS OF CONFLICT OF INTEREST

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8 ALLEGATIONS OF MISCONDUCT

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EXHIBIT “H”

LEVI’S STADIUM JOBSITE RULES

The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. NO children (under 18 years old) are allowed on site.

14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium

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Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

The Contractor (and all employees) are prohibited from the following:

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.

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Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1708 Agenda Date: 1/11/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority Regarding Stadium Manager’s Request to Execute Agreement with Bartley Pump PM, LLC for Lift Station CapEx Project

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

The Stadium Manager is requesting approval for the following:

2. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize the Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800.

DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo, supporting procurement documents, and agreement with Bartley Pump PM, LLC (these documents are attached to corresponding report #21-1707). In reviewing the request, staff recommends that the Stadium Manager’s request for delegated authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and change orders up to approximately 10% of the contract cost, or $18,800, be delegated instead to the Executive Director.

City of Santa Clara Printed on 1/5/2022Page 1 of 3
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22-1708 Agenda Date: 1/11/2022
Section 2.1 in the First Amendment to the Management Agreement states that the Stadium Manager only has the ability to enter into contracts with providers to the extent it has authority to enter into such Stadium Procurement contracts pursuant to the Santa Authority Procurement Policy. Currently, the Executive Director has no procurement delegated authority under the Stadium Authority Procurement Policy. As such, if the Board approves staff’s recommendation to provide the Executive Director with such authority to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and change orders up to approximately 10% of the contract cost, the Stadium Manager would not have the same authority to do so. This approach accomplishes the expediency that the Stadium Manager seeks and is compliant with the First Amendment to the Management Agreement.

Staff has no additional comments regarding the Stadium Manager’s request and recommends approval of the agreement with Bartley Pump PM, LLC. The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

FISCAL IMPACT
The Stadium Authority FY 2021/22 CapEx Budget includes $210,000 for the Lift Station line item which the described services fall under. There are sufficient funds to cover the total cost of agreement ($188,000) and the 10% contingency ($18,800) that the Stadium Manager is requesting (a total of $206,800).

The Stadium Manager advertised the Request for Bids in the San Jose Mercury News publication for the amount of $804. On July 13, 2021, the Stadium Authority Board previously approved up to $20,000 for the Stadium Manager to publish legal notices in the San Jose Mercury News and Santa Clara Weekly for various solicitations.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager, Stadium Treasurer’s Office, and Chief Assistant City Attorney.

RECOMMENDATION
City of Santa Clara Printed on 1/5/2022Page 2 of 3
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22-1708 Agenda Date: 1/11/2022

1. Approve the Stadium Manager’s request to execute an agreement with Bartley Pump PM, LLC for the replacement of pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at Levi’s Stadium (Lift Station CapEx line item) in an amount not to exceed $188,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

2. Authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and

3. Authorize the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800.

Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Deanna J. Santana, Executive Director
City of Santa Clara Printed on 1/5/2022Page 3 of 3
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1738 Agenda Date: 1/11/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from Stadium Manager for Approval to Incur Charges for the February 7-9, 2022 Pollstar Live Conference and Award Purchase Orders to Benjamin Litho Inc for Stadium Builders Licenses Invoices and Incident Cards

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

DISCUSSION
On December 1-2, 2021, the Stadium Manager submitted the following requests for Stadium Authority Board approval:

1. Authorization to incur charges up to $6,000 to cover registration fees ($1,700), travel expenses ($3,300) and client entertainment ($1,000) for two Stadium Manager employees to attend the February 7-9, 2022 Pollstar Live Conference in Los Angeles, CA;

2. Authorization to award a purchase order to Benjamin Litho Inc in the amount of $8,199 plus applicable sales tax to print and mail out 2022 Stadium Builder License (SBL) invoices; and

3. Authorization to award a purchase order to Benjamin Litho Inc in the amount of $1,299 to print incident cards for the Stadium Manager.

The Stadium Manager’s attached email describes the Pollstar Live Conference in more detail. Staff reviewed the request and asked the Stadium Manager to confirm that all travel and expense costs would follow their Business Expense Reimbursement Policy which sets forth the travel and expense costs that are reimbursable to Stadium Manager employees. The Stadium Manager has confirmed all travel and expense costs related to the Pollstar Live Conference will follow the Business Expense Reimbursement Policy. If approved, these costs will be charged to the Stadium Authority FY 2021/22, Non-NFL Events budget (Public Events), Attending Events / Conferences / Client/Prospect Meetings line item.

The Stadium Manager’s Recommendation for Award memo describes the Request for Quotation (RFQ) and the other solicitation processes that were implemented. These costs are covered in the FY 2021/22 Stadium Authority Budget, SBL Sales and Service and Stadium Operations line items, respectively. The total costs for the SBL invoices and incident cards are $9,498 plus applicable taxes.

ATTACHMENTS

1. Stadium Manager’s Email Request for Pollstar Live Conference

2. Stadium Manager’s Recommendation for Award for SBL Invoices and Incident Cards City of Santa Clara Printed on 1/5/2022Page 1 of 1
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From: Christine Jung
To: Brent Ghan
Cc: Deanna Santana
Subject: RE: Non-NFL Event Travel Request - Pollstar Live Conference Date: Wednesday, December 8, 2021 4:52:00 PM
Attachments: image001.png
image002.png
image004.png
Thanks, Brent. This request has been placed on the January 11 agenda.

Sincerely,
Christine Jung | Assistant to the Executive Director
1500 Warburton Avenue | Santa Clara, CA 95050
D: 408.615.2218 | www.santaclaraca.gov/scsa

From: Brent Ghan <[email protected]>
Sent: Friday, December 3, 2021 2:45 PM
To: Christine Jung <[email protected]>
Cc: Deanna Santana <[email protected]>
Subject: RE: Non-NFL Event Travel Request - Pollstar Live Conference

Hi Cristine,

Please see responses to your questions:

Can you please provide more information about the conference such as date(s), location, and conference website?

February 7-9, 2022
The Beverly Hilton, Los Angeles, CA
https://pollstar.live/

Can you please provide the breakdown for the registration fees, travel expenses and potential client entertainment that make up the requested amount?

Registration Fees (x2): $1,700
Travel - Air (x2): $600
Travel - Ground (x2): $300
Travel - Hotel (x2): $2,000
Travel - Meals (x2): $400
Client Entertainment - Meals: $1,000
Total: $6,000

Can you please confirm that all travel and expense costs for this conference will follow the Stadium Manager’s Business Expense Reimbursement Policy?

Yes, all travel and expense costs are in line with the current Stadium Manager’s Business Expense Reimbursement Policy.
•
•
•
Please add the Pollstar conference request to the next possible board meeting. I’ve consulted with our team and understand there was a similar situation recently for the IMEX Conference where we requested approval for costs to attend and proceeded with making travel arrangements while the approval process was moving through the required process. We will be taking the same approach here and have our team make arrangements to ensure their spots at the conference until the board approves.

Please let me know if you have any additional questions.

Thank you and have a great weekend,

BRENT GHAN
Manager, Accounting
Forty Niners Stadium Management Company
T 408.313.5336
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
From: Christine Jung <[email protected]>
Sent: Friday, December 3, 2021 8:44 AM
To: Brent Ghan <[email protected]>
Cc: Deanna Santana <[email protected]>
Subject: RE: Non-NFL Event Travel Request - Pollstar Live Conference

Hi Brent,
I think we’ve been on a couple meetings together but have not had a chance to chat yet. Nice to e-meet you.

Our 2021 and 2022 Report to Council Processing Timelines are attached for reference. I shared the 2021 version with Jim back in June as well as the information about the submittal dates.

Please refer to the submittal dates listed under the “CAO Yellow Review” column for any requests that include an agreement and the dates under the “Drafter Initiates Approval Sequence” column for any requests that don’t include an agreement for future requests. Based on the 2021 calendar, the deadline to submit this conference and travel request for the December 14 agenda was November 1. If feasible, the Stadium Authority has and will continue to try and accommodate last minute requests. However, advance coordination is always preferable and the Board has directed the Stadium Manager to submit a procurement plan which would still be very helpful to meeting timely requests. In this case we received six procurement requests from the Stadium Manager since Tuesday, November 30 which leaves little time to sufficiently review and draft corresponding agenda reports prior to the December 14 agenda packet going out on December 8/9.

For this particular request, we have the following questions:
riITJFlJt

THE BAY
Can you please provide more information about the conference such as date(s), location, and conference website?
Can you please provide the breakdown for the registration fees, travel expenses and potential client entertainment that make up the requested amount?
Can you please confirm that all travel and expense costs for this conference will follow the Stadium Manager’s Business Expense Reimbursement Policy?

Please let us know, thank you.

Sincerely,
Christine Jung | Assistant to the Executive Director
1500 Warburton Avenue | Santa Clara, CA 95050
D: 408.615.2218 | www.santaclaraca.gov/scsa
From: Brent Ghan <[email protected]>
Sent: Thursday, December 2, 2021 11:39 AM
To: Deanna Santana <[email protected]>; Christine Jung <[email protected]> Subject: RE: Non-NFL Event Travel Request - Pollstar Live Conference

Hi Deanna,

Thanks for getting back to me. Noted on including Christine, will ensure she is on communications in the future.

Christine, could you please share the Council/Board due date schedule mentioned? In this case, when was the deadline for submissions to get onto the agenda for the 12/14 meeting?

Thank you,

THE 'BAY

From: Deanna Santana <[email protected]>
Sent: Thursday, December 2, 2021 10:11 AM
To: Brent Ghan <[email protected]>; Christine Jung <[email protected]> Subject: RE: Non-NFL Event Travel Request - Pollstar Live Conference

Good morning Brent,

Good to meet you via email. I am copying Christine Jung on this email, as she will review this request and prepare it for Board action.

Christine is an Assistant to the City Manager/Executive Director and should be copied on all items directed to the SCSA. Christine can also provide you with the Council/Board report due date schedule, so that you are aware of our agenda production dates and target your requests for specific dates at Council/Board meetings. For example, all agenda reports for December 7 were completed earlier this week and the packet is literally being produced right now/today. The due dates for agenda reports for the December 14 Council/Board meeting has passed and they are being completed now through early next week. The December 14 packet goes out December 9. Feel free to work with Christine on any clarification on agenda due dates that you would like, she if very familiar with the legislative process that the Council/Board use to complete its work.

Thank you,

Deanna

From: Brent Ghan <[email protected]>
Sent: Thursday, December 2, 2021 7:38 AM
To: Deanna Santana <[email protected]>
Subject: Non-NFL Event Travel Request - Pollstar Live Conference

Hello Deanna,

My name is Brent Ghan, I am the new Accounting Manager for the Forty Niners Stadium Management Company. More specifically, I am responsible for accounting for Non-NFL Events, SBLs, and Shared O&M expenses. I have been with the organization since September and before that I was a Financial Statement Audit Manager with Armanino LLP in their San Francisco office. I am a Certified Public Accountant in California.

I have begun working on some projects with Kenn and Linh but wanted to take this opportunity to formally introduce myself to you. Moving forward, please consider me the primary point of contact at the Stadium Manager for all accounting related matters. I will be reaching out periodically as items come up, but please do not hesitate to contact me with any inquiries you may have and I will do whatever I can to assist.

I write to request SCSA approval to enter into a contract with respect to lead generation for Ticketed Non- NFL Events. Our goal is to use this opportunity to support the Stadium Manager’s efforts in cultivating relationships with promoters in the industry and drive revenue for FY22 and beyond, with a particular focus on concerts and major public events. It’s important to get this underway as we continue to build momentum and emerge from COVID-19 restrictions. In order to act on these opportunities, we request approval by Friday, December 17th.

The upcoming Pollstar Live conference is the industry’s largest gathering of live entertainment professionals and the flagship event for Pollstar magazine, the leading trade publication for the global live entertainment industry. With over 30 years of history, the Pollstar Live Conference offers three (3) days of compelling discussions led by visionaries in the live entertainment business beginning with Production Live, a full day dedicated to production and transportation in live events, followed by Pollstar Live, including the Annual Pollstar Awards celebration.

Attendees of the Pollstar Live Conference include promoters for major artists and are the key decision makers when it comes to venue selection for large scale concerts.

Stadium Manager will use this conference as a key networking opportunity to cultivate relationships within the live entertainment industry. Attendance at this particular conference is instrumental in order to stay at the forefront of crucial decision makers that manage major artists and their touring schedules.

We are requesting authorization to incur charges up to $6,000 in order to cover registration fees, travel expenses and potential client entertainment for two Stadium Manager employees. This expense would fall under the “Attending Events | Conferences | Client/Prospect Meetings” line item in the Non-NFL Public Events Budget, and there is room within this budgeted line item to cover this cost.

Please let me know if you have any questions.

Thank you,

THE 'BAY

1 Date: December 1, 2021

To: Jim Mercurio
Executive Vice President & General Manager

From: Jenti Vandertuig
Procurement Director

Subject: Recommendation for Award for Miscellaneous Acquisitions of Goods and Services

Recommend approval of the following acquisitions. An explanation and supporting documentation for each request has been provided with the recommendation.

1. Printing and Mailing Services of SBL Invoices ($8,199 plus applicable sales tax)

2. Print Incident Cards ($1,298.59 inclusive of applicable sales tax)

Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

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STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
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2 1. Printing and Mailing Services of SBL Invoices

In accordance with the Stadium Builders License (SBL) Agreements, Stadium Manager is required to send hard copy invoices to SBL holders for their annual installments, which are due on March 1, 2022. Along with paper invoices being mailed via the United States Postal Service (USPS) in early 2022, Stadium Manager will also send an email notifying the account holder that they can also pay online via Account Manager.

On November 10, 2021, Stadium Manager issued a Request for Quotation (RFQ 10091) for printing and mailing of SBL yearly installment invoices. Stadium Manager has a need to issue approximately 9,000 invoices to recipients. These invoices are either single or two pages requiring the vendor to use a data file provided by Stadium Manager to complete a mail merge and print the letters on Stadium Manager’s letterhead. A printed return envelope with prepaid return postage is provided to each recipient to mail their payments. Stadium Manager requires the invoice and return envelope to be stuffed in a printed window envelope, sealed and mailed via USPS the week of January 10, 2022.

On November 11, 2021, Stadium Manager issued a memo replacing the RFQ, Attachment B – Quotation Form with Attachment B-1 – Quotation Form to revise line item number 5 on the Quotation Form from USPS standard mailing services to USPS – Presorted First Class Mail.

The RFQ closed on November 19, 2021 and three quotations were received from the following vendors:

1. Benjamin Litho Inc - $8,199 excluding applicable sales tax

2. Bay Central Printing - $8,487 excluding applicable sales tax

3. Almaden - $10,106 excluding applicable sales tax

Therefore, approval is sought to issue a Purchase Order to Benjamin Litho Inc in the amount of $8,199 plus applicable sales tax for printing and mailing of SBL invoices. The vendor will issue an invoice for the actual number of invoices printed and mailed. In addition, the postage has been quoted at the highest cost. Based on the addresses, the USPS cost for Presorted First Class Mail will be adjusted and billed at actual cost.

Stadium Manager will utilize the USPS account for the prepaid return postage and submit documentation for reimbursement of the actual return postage cost.

The cost for this purchase is covered in the FY21/22 SCSA Budget, SBL Sales and Service.
-82:1547Ā.7;36893Ā0-*Ā+%"++$+&Ȁ.( )Ȁ$+$!Ȁ+,'&Ȁ+# .$/!%,)'

3 2. Print Incident Cards

Stadium Manager utilizes incident cards to create a record and document all types of incidents and calls for services at Levi’s Stadium. These incidents include but are not limited to police and security calls, medical calls and general calls for guest services.

Incident cards are used for small catered events, large scale events, and daily business operations.

Stadium Manager has created three different types of incident cards, mainly to differentiate between the type of incident. Blue color incident cards are used for incidents dealing with police, security, and all other incident types while the cherry and salmon colored incident cards are used specifically for medical calls. The difference between the cherry and salmon incident cards is that the salmon colored incident cards are used by our contractor and has verbiage on the back of the card printed at their request.

Stadium Manager reached out to Benjamin Litho Inc for a quotation for 3,000 blue color incident cards, and 1,000 each of the cherry and salmon color incident cards and received an estimate for $1,298.59 inclusive of applicable sales tax.

Therefore, approval is sought to issue a Purchase Order to Benjamin Litho Inc in the amount of $1,298.59 for printing of incident cards for Stadium Manager.

The cost for this purchase is covered in the FY21/22 SCSA Budget, Stadium Operations.

-82:1547Ā.7;36893Ā0-*Ā+%"++$+&Ȁ.( )Ȁ$+$!Ȁ+,'&Ȁ+# .$/!%,)' City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1746 Agenda Date: 1/11/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority Regarding Stadium Manager’s Request for Approval to Incur Charges for the February 7-9, 2022 Pollstar Live Conference and Award Purchase Orders to Benjamin Litho Inc for Stadium Builders Licenses Invoices and Incident Cards

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

Through the Stadium Management Agreement, the Forty Niners Stadium Management Company (Stadium Manager) manages and operates Levi’s Stadium on behalf of the Stadium Authority for Non -National Football League (Non-NFL) Events, like concerts, sporting events, and non-ticketed events.

On behalf of the Stadium Authority, the Stadium Manager is responsible for the marketing and booking of Non-NFL events and for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility”.

The Stadium Manager is requesting approval for the following:

2. Authorization to award a purchase order to Benjamin Litho Inc in the amount of $8,199 plus applicable sales tax to print and mail out 2022 Stadium Builder License (SBL) invoices; and

3. Authorization to award a purchase order to Benjamin Litho Inc in the amount of $1,299 to print incident cards for the Stadium Manager.

Together, the Stadium Manager’s requests total a not to exceed amount of $15,498 plus applicable taxes and if approved, will be respectively charged to the Stadium Authority FY 2021/22 Budget, Non -NFL Events budget (Public Events), Attending Events / Conferences / Client/Prospect Meetings; SBL City of Santa Clara Printed on 1/5/2022Page 1 of 4
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22-1746 Agenda Date: 1/11/2022
Sales and Service; and Stadium Operations line items.

DISCUSSION
Staff reviewed the requests (attached to corresponding report #21-1738) and asked the Stadium Manager to confirm that all travel and expense costs related to the Pollstar Live Conference request would follow their Business Expense Reimbursement Policy, which sets forth the travel and expense costs that are reimbursable to Stadium Manager employees. The Stadium Manager has confirmed all travel and expense costs related to the Pollstar Live Conference will follow the Business Expense Reimbursement Policy.

As part of a previous request to incur charges for marketing-related conferences and meetings, the Stadium Manager explained that alcohol consumption is a part of the business marketing that they utilize to pursue Non-NFL events. While the use of public funds for alcohol consumption is generally not permitted by public agencies, the legislative body of the public agency can authorize this business expense. Therefore, there is an appropriate Board recommendation transmitted in this report to authorize the use of public funds to cover alcohol consumption as detailed in the documents submitted by the Stadium Manager. Further, the Stadium Authority should be covered for the risk or liability arising from auto accidents or other such losses occurring at any of these marketing events (including liability arising from consumption of alcohol) pursuant to the Indemnification Clause in Article 12 of the Management Agreement.

As the Stadium Manager’s request pertains to marketing activities, staff also reviewed it against the Draft 2021 Marketing Plan. While the Draft 2021 Marketing Plan was not mutually agreed upon, it is the only document that the Stadium Authority has that outlines the Stadium Manager’s planned marketing efforts. The requested marketing activity aligns to one of the key initiatives (“Utilize Marketing Budget to Regenerate Active Event Pipeline”) the Stadium Manager identified in their Draft 2021 Marketing Plan. The Stadium Manager planned to prepare for the return to in-person events to build out new packages, create a strategic communications plan and reintroduce Levi’s Stadium to local and national clients through a marketing campaign. It had planned to achieve this by utilizing a marketing budget to communicate its message through digital advertising, client/prospecting events, sales events/trade shows, and swag/gifts. The marketing activity which the Stadium Manager is requesting to incur charges for falls under the sales events/trade shows category.

Staff did not have any questions regarding the Stadium Manager’s requests to award purchase orders to Benjamin Litho Inc for printing and mailing services related to the 2022 SBL invoices and incident cards.

Based on this review, staff recommends approval of the Stadium Manager’s request to incur charges for registration fees, travel expenses, and client entertainment for two Stadium Manager employees to attend the described conference. Staff also recommends approval of the Stadium Manager’s requests to award purchase orders to Benjamin Litho Inc for printing and mailing services for the 2022 SBL invoices and printing services for incident cards.

The Stadium Authority Board will require full supporting documentation before respectively releasing public funds upon procurement of the printing and mailing services, and Pollstar Live Conference registration fees, travel expenses, and client entertainment. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also City of Santa Clara Printed on 1/5/2022Page 2 of 4
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22-1746 Agenda Date: 1/11/2022
be in compliance with State law and City Code.

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The Stadium Authority FY 2021/22 Non-NFL Events budget contains $15,000 for Non-NFL Events budget (Public Events), Attending Events/Conferences/Client/Prospect Meetings. There are sufficient funds to cover the Stadium Manager’s request to incur charges up to $6,000 for the Pollstar Live Conference.

The Stadium Authority FY 2021/22 Budget contains $3.4 million for SBL Sales and Service. There are sufficient funds to cover the Stadium Manager’s request to incur up to $8,199 plus applicable taxes for printing and mailing services for the 2022 SBL invoices.

Additionally, the Stadium Authority FY 2021/22 Budget contains a Legal Contingency for Shared Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Grounds. As part of its March 23, 2021 approval of the FY 2021/22 Budget, the Stadium Authority Board delegated budget amendment authority to the Executive Director for Shared Expenses from the Legal Contingency. There are sufficient funds in the FY 2021/22 Stadium Authority Legal Contingency, Stadium Operations line item to cover the amount of $1,299 for the requested incident card printing services. The Executive Director will approve a budget amendment to reallocate $1,299 from the Legal Contingency to the Shared Expenses, Stadium Operations line item upon the Board’s approval of staff’s recommendations.

COORDINATION
This report has been coordinated with the Treasurer’s Office and the Chief Assistant City Attorney.

RECOMMENDATION

1. Approve the Stadium Manager’s request to incur charges up to $6,000 in registration fees ($1,700), travel expenses ($3,300) and client entertainment ($1,000), including the purchase of alcohol with public funds, for two Stadium Manager employees to attend the February 7-9, 2022 Pollstar Live Conference in Los Angeles, CA;

2. Approve the Stadium Manager’s request to award a purchase order to Benjamin Litho Inc in the amount of $8,199 plus applicable sales tax for printing and mailing 2022 SBL invoices; and City of Santa Clara Printed on 1/5/2022Page 3 of 4
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22-1746 Agenda Date: 1/11/2022

3. Approve the Stadium Manager’s request to award a purchase order to Benjamin Litho Inc in the amount of $1,299 for printing incident cards for the Stadium Manager.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Deanna J. Santana, Executive Director
City of Santa Clara Printed on 1/5/2022Page 4 of 4
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
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@SantaClaraCity
22-199 Agenda Date: 1/11/2022

REPORT TO COUNCIL

SUBJECT
Consideration of Silicon Valley Power Quarterly Update

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
SVP is a recognized industry leader with a strong history and reputation of providing excellent customer service. The electric industry is rapidly changing and undergoing a fundamental transformation, shifting from a centralized resource grid toward an increasing decentralized electrical grid with distributed renewable energy resources (e.g. wind, solar, hydrogen, and biogas), shifting variability in supply, and greater customer choice.

DISCUSSION
The report to be presented to Council will provide an update to Council on the status of the utility, current load and sales, recent accomplishments, and upcoming Council Actions for consideration.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this update. Implementation of certain elements will require funding which will be requested through the normal budget process.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

RECOMMENDATION
Note and file the Silicon Valley Power Quarterly Update.

City of Santa Clara Printed on 1/6/2022Page 1 of 2
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22-199 Agenda Date: 1/11/2022
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager
City of Santa Clara Printed on 1/6/2022Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1041 Agenda Date: 1/11/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the City Manager to Award and Execute Agreements, Amendments, Purchase Orders, and Change Orders, with Various Vendors as Required to Complete Emergency Repairs, Corrective and Preventative Maintenance at the Gianera Generating Station, Including Purchase of a Spare Rotor; Increasing Previous Authorization to an Aggregate Amount Not- to-Exceed $12,000,000 and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara's Electric Utility, Silicon Valley Power (SVP), operates three power generation facilities within City limits: the Donald Von Raesfeld Power Plant (DVR), the City of Santa Clara Cogeneration Plant (Cogen), and the Gianera Generating Station (Gianera). These plants are critical to providing sufficient power to meet electric grid reliability requirements, the needs of SVP’s power customers, and SVP’s Resource Adequacy (RA) requirements.

Gianera uses two General Electric Frame 5 gas turbine engines (Unit 1 and Unit 2). In Fall 2020, staff identified issues with the generator and accessory gearbox on Gianera Unit 2 and took initial actions to bring the engine back online. Upon further investigation staff determined that significant repairs were needed to bring the engine back online without risking damage to the system.

On December 16, 2020, Council adopted a Resolution authorizing the City Manager to negotiate and execute agreements, amendments, and change orders with various vendors as required to complete repairs at Gianera, for an aggregate amount not-to-exceed $1,000,000. The Resolution also directed staff to provide Council with a report on the contracts awarded and work performed once the repairs were completed. On January 12, 2021, Council adopted a Resolution increasing the aggregate maximum compensation from $1,000,000 to $2,567,736, after staff discovered more critical issues that could have resulted in significant equipment damage or forced outage if left unresolved.

The Unit 2 generator and gearbox underwent repairs in February 2021, and Unit 2 returned to service on March 12, 2021. While Unit 2 was undergoing repairs, Unit 1 was found to have several unserviceable conditions and was taken offline. The critical issues found were:
· Cracked blades in the compressor section that will require repair/replacement · A failed oil seal on a bearing that requires replacement · Severely cracked combustion liners that require replacement · Disintegrating Turbine shroud blocks.

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22-1041 Agenda Date: 1/11/2022
On May 4, 2021, Council adopted a Resolution increasing the aggregate maximum compensation from $2,567,736 to $10,000,000 in order to complete additional emergency repairs, corrective and preventative maintenance at the Gianera Generating Station including a Major Overhaul of Unit 1.

After undergoing Major Overhaul, Unit 1 was returned to service on September 14, 2021. Overhaul expenses for Unit 1 totaled approximately $5.5 million and included:
· Completed refurbishment of turbine;
· Completed refurbishment of generator;
· Completed refurbishment of reduction gearbox; and
· Overhaul of all primary auxiliaries including pumps, motors, etc.

Allied Power Group (APG) served as the primary contractor, and expenses to APG totaled approximately $3.5 million. Additional amounts spent on Unit 1 totaling $5.5 million included generator work performed by Electrical Machinery Consultants (EMC), technical oversight provided by HPI, Inc, and parts and services procured under existing contracts or standard purchasing process.

DISCUSSION
As part of SVP’s routine maintenance program, a planned maintenance outage was undertaken at Gianera from November 6, 2021 through November 23, 2021. This maintenance outage included a borescope inspection of both Frame 5 Turbines. The results of the inspection show that Unit 2 suffered accelerated wear and damage of the combustion and turbine components during the summer dispatch period of June - October 2021. The following critical conditions were also found. · Damaged fuel nozzles and combustion liners;
· Eroded stage 1 shroud blocks, nozzles and turbine blades; · Loose and missing components used to secure rotating parts; and · Liberation of missing parts has impacted turbine blades downstream.

Consequently, Unit 2 has been taken out of service to prevent any further or catastrophic damage resulting from the age of the turbine which was installed in 1986.

Staff initially planned to have Unit 2 undergo a major overhaul in February 2022, due to the engine’s service age, declining performance, and condition monitoring, however, with the accelerated wear of components and the engine’s current unserviceable condition, the Unit 2 engine needs to be overhauled as soon as possible so that Unit 2 is available during the peak use period in Summer 2022.

Staff recommends increasing the authorization for the City Manager to negotiate and execute amendments, change orders, and new agreements with various vendors as required to complete repairs at the Gianera Plant to an amount not to exceed $12 million including the continuation of the emergency repairs of the facility as a whole, sole source authorization(s) where a bid process is not feasible, and potential purchase of a spare rotor.

Due to competing priorities and the urgent nature of this required work, a Request for Proposal (RFP) City of Santa Clara Printed on 1/6/2022Page 2 of 5
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22-1041 Agenda Date: 1/11/2022
will not be completed in time to cover this work. Staff still intends to release an RFP to establish a long-term master agreement for future gas turbine engine service needs. The master agreement approach aligns with SVP’s new proactive maintenance approach and also with the recent Council approved maintenance master agreements for the turbines at DVR and Cogen. This efficiency strategy will stabilize essential contracts management and needed services: for example, SVP has approximately seventy contracts requiring RFP or similar process, approximately forty contracts from solicitation processes (RFP or similar) have been completed during the last year, and approximately thirty contracts for services have been extended to assure coverage for critical services.

Staff intends to use Applied Power Group (APG) for the immediate service, as APG performed the major services necessary to bring the Unit 1 back into service as well as services associated with the prior repairs of the gearbox on Unit 2. Staff was pleased with the quality of APG’s work along with their safety record during the performance of the Unit 1 outage and APG has plans in place currently to ensure an expeditious work scope for the Unit 2 Turbine. The new work on Unit 2 is distinct and is not caused by the work performed by APG on Unit 2 previously. Staff also intends to further utilize HPI for Technical oversight and other vendors as required to complete the work at Gianera.

In addition to the proposed overhaul, APG has a spare rotor available. Staff is evaluating the purchase of this spare rotor as it would ensure a readily available substitute in the event of future unplanned outages. The estimated cost to purchase the spare rotor for immediate installation and then repair the City’s current rotor to serve as a spare engine is anticipated at less than $4 million dollars. In addition to saving several weeks of outage time, the cost of the spare in combination with the major overhaul project is a difference of less than $1 million. Spare rotors aren’t commonly available and this spare has minimal operating hours and, therefore, significant remaining service life available. The availability of the spare rotor will lessen future outage time and help ensure the assets are returned to service quickly in the event of future outages.

Other than the proposed purchase of a spare rotor, this authorization will not be used for any purpose other than for services associated with the emergency outage at the Gianera Power Plant including emergency repairs, corrective maintenance, and preventative maintenance that can be economically completed at the same time in order to assure reliable operation of both units in advance of Summer 2022 when the Gianera units play a critical role in supporting Santa Clara’s electric load. Due to the critical nature of this work, staff also had the option to proceed immediately under emergency work.

However due to the holidays and vendor availability the work could not proceed until early January.

Staff has scheduled mobilization of the vendor for January 12, 2022 to ensure that the unit is back on -line as soon as possible.

ENVIRONMENTAL REVIEW
Council action on this item is exempt from CEQA review under Section 15301 of the CEQA Guidelines, operation, repair, and maintenance of existing public facilities.

FISCAL IMPACT
The Major Engine Overhaul project includes appropriations for planned and unscheduled or emergency maintenance at all three power plants in Santa Clara: Cogen, DVR, and Gianera. Funds for all repairs and related costs for this emergency authorization will come from the Major Engine Overhaul and Repair Project in the Electric Utility Capital Fund. Of the total $12 million requested emergency authorization amount (a $2 million increase from the previous $10 million authorization), $1.3 million of the emergency authorization amount was spent in FY 2020/21. In FY 2021/22, $0.6 City of Santa Clara Printed on 1/6/2022Page 3 of 5
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22-1041 Agenda Date: 1/11/2022
million is encumbered and $3.4 million is budgeted in the Major Engine Overhaul and Repair project.

A remaining $6.7 million is recommended to increase the Major Engine Overhaul and Repair project budget to cover the $12 million emergency authorization amount and complete emergency activities at Gianera. The budget amendment allocates funding from available fund balance in the Electric Utility Operating Fund to complete work activities at Gianera as well as additional scheduled activities at other power plants for this fiscal year. Approval of this action would reduce the recommended capital budget for this activity in Fiscal Year 2022/23 as some of the emergency work was scheduled to take place in FY 2022/23. Absent this budget amendment, other planned work at power plants may need to be delayed or cancelled which may result in future emergencies or outages during the peak summer season.

Budget
FY 2021/2022
Current Increase/ (Decrease) Revised
Electric Utility Capital Fund
(591)
Revenues
Transfer from Electric Utility
Operating Fund (091)
$4,300,865 $6,700,000 $11,000,865
Expenditures
Major Engine Overhaul and
Repair Project (no. 2127)
$ 7,274,431 $6,700,000 $13,974,431
Electric Utility Operating
Fund (091)
Expenditures
Operating Transfer Out to
Electric Utility Capital Fund
$4,300,865 $6,700,000 $11,000,865
Unrestricted Ending Fund
Balance
$121,198,721 ($6,700,000) $114,498,721
Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose or to appropriate available revenue not included in the budget.”

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

RECOMMENDATION
City of Santa Clara Printed on 1/6/2022Page 4 of 5
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22-1041 Agenda Date: 1/11/2022

1. Adopt a Resolution authorizing the City Manager to negotiate, award and execute agreements, amendments, purchase orders, and change orders with various vendors as required to complete emergency repairs, corrective and preventative maintenance including the purchase of a spare rotor at the Gianera Generating Station increasing previous authorization to an aggregate amount not-to-exceed $12,000,000 and directing staff to provide Council with a report on contracts awarded and work performed once the repairs have been completed; and

2. Approve the following FY 2021/22 budget amendments:

A. In the Electric Utility Capital Fund, recognize a transfer of $6,700,000 from the Electric Utility Operating Fund, and increase the Major Engine Overhaul and Repair capital project by $6,700,000 (five affirmative Council votes required to appropriate additional revenue).

B. In the Electric Utility Operating Fund, increase the transfer to the Electric Utility Capital Fund by $6,700,000 and reduce the unrestricted ending fund balance by $6,700,000 (five affirmative Council votes required for the use of unused balances).

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager

ATTACHMENT

1. Resolution - Gianera Emergency Repairs and Maintenance City of Santa Clara Printed on 1/6/2022Page 5 of 5
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Resolution/CM Authority to Award & Execute Agreements, PO’s, & Change Orders Page 1 of 3 for Gianera Generating Station Emergency Repairs
Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

AMENDMENTS, PURCHASE ORDERS, CHANGE ORDERS, AND NEW

AGREEMENTS WITH VARIOUS VENDORS AS REQUIRED TO

COMPLETE EMERGENCY REPAIRS AND MAINTENANCE INCLUDING

PURCHASE OF A SPARE ROTOR AT THE GIANERA GENERATING
STATION, IN AN AGGREGATE AMOUNT NOT-TO-EXCEED $12,000,000

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara’s Electric Department, Silicon Valley Power (SVP) operates three power generation facilities within the city limits: the Donald Von Raesfeld Power Plant, the City of Santa Clara Cogeneration Plant, and the Gianera Generating Station (Gianera); WHEREAS, in fall 2020; SVP staff identified issues with the Generator and Accessory Gearbox on Gianera Unit #2 and took numerous actions to bring the system online and, upon investigation, staff determined that significant repairs were needed to bring the system online without risking damage to the system;
WHEREAS, on December 16, the City Council authorized the City Manager to negotiate and execute amendments, change orders, and new agreements with various vendors as required to complete all repairs at the Gianera Generating Station, in an aggregate amount not-to-exceed $1,000,000;
WHEREAS, while the Unit 2 was shut down for the gear box issue, staff initiated routine inspections and maintenance and it was discovered that the Generator rotor on Unit 2 had suffered damage due to the sustained, elevated vibrations leading up to the October 13th forced outage and additional scope beyond what was previously identified was required; WHEREAS, on January 12, 2021, City Council of the City of Santa Clara authorized the City Manager to negotiate and execute amendments, change orders, and new agreements with various vendors as required to complete all repairs at the Gianera Generating Station, in an aggregate amount not-to-exceed $2,567,736 (an increase of $1,567,736 from the previous Resolution/CM Authority to Award & Execute Agreements, PO’s, & Change Orders Page 2 of 3 for Gianera Generating Station Emergency Repairs
Rev: 11/22/17
authorization);
WHEREAS, during the period that Gianera Unit 2 was under repair, Gianera Unit 1 experienced a set of catastrophic issues and was taken offline. Staff took remedial actions, using existing contracts in place, but were unable to make repairs to eliminate potential further equipment damage up to and including catastrophic failure of major components of the turbine, generator, and accessory gearbox. Staff determined that a major overhaul of Gianera Unit 1 is needed before bringing the unit back into service. The major overhaul was budgeted and scheduled for fall of 2021;
WHEREAS, on May 4, 2021, City Council of the City of Santa Clara authorized the City Manager to negotiate and execute amendments, change orders, and new agreements with various vendors as required to complete all repairs at the Gianera Generating Station, in an aggregate amount not-to-exceed $10,000,000 (an increase of $7,432,264 from the previous authorization); WHEREAS, as part of SVP’s routine, proactive maintenance program, a planned maintenance outage was undertaken at Gianera in November, 2021 including a borescope and during that outage, it was identified that Unit 2 has suffered accelerate wear and damage of the combustion and turbine components during the summer dispatch period and Unit 2 has been taken out of service to avoid catastrophic damage;
WHEREAS, Gianera Unit 1 and Unit 2 are critical to providing sufficient power to meet the electric grid reliability requirements, the needs of SVP’s power customers, and SVP’s Resource Adequacy requirements especially in the summer when drought conditions are anticipated; WHEREAS, SVP staff estimates that without Gianera’s production in the summer months, SVP could experience economic loss of up to $16,000 per day because power that could be produced by Gianera needs to be purchased on the market.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

Resolution/CM Authority to Award & Execute Agreements, PO’s, & Change Orders Page 3 of 3 for Gianera Generating Station Emergency Repairs
Rev: 11/22/17

1. The City Council of the City of Santa Clara does hereby authorize the City Manager to negotiate and execute amendments, change orders, and new agreements with various vendors as required to complete all repairs at the Gianera Generating Station including the purchase of a spare rotor, in an aggregate amount not-to-exceed $12,000,000 an increase of $2,000,000 from the previous authorization.

2. This authorization shall not be used for any purpose other than services needed at the Gianera Power Plant including emergency repairs, corrective maintenance, and preventative maintenance that can be economically completed at the same time in order to assure reliable operation through the summer, as well as the purchase of a spare rotor, and until an RFP process is completed and contract awarded.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 11th DAY OF JANUARY, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
City of Santa Clara
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1500 Warburton Avenue
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22-68 Agenda Date: 1/11/2022

REPORT TO COUNCIL

SUBJECT
Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss making the Youth Soccer Park Parking Lot available when there are no events at the Youth Soccer Park (soccer gets absolute priority) in order to Generate Revenue for the City

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public or Council may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Council Written Request on January 2, 2021 requesting to place an agenda item at a future council meeting to Discuss making the Youth Soccer Park Parking Lot available when there are no events at the Youth Soccer Park (soccer gets absolute priority) in order to Generate Revenue for the City (Attachment 2).

In the request, Councilmember Jain states:

I attended the 49ers game at Levi's Stadium on January 2nd, 2022. (I purchased my ticket with my own funds). I was given a tour of the stadium by Rahul Chandhok, Vice President (VP) of Public Affairs and Strategic Communications; Jas Sajjan, Senior Manager of Public Affairs & Strategic Communications; Larry MacNeil, Compliance Manager; Emily Matthews, Manager of Communications and Public Affairs, Moon Java id, Chief Strategy Officer; and Jim Mercurio among others.

One thing that I noticed was that the Youth Soccer Park was not being used and neither were the associated parking spots which are owned by the City of Santa Clara.

It seems to me that each of the 100 or so parking spots is worth between $50 and $100 each per large event. I was told that the City of Santa Clara would receive ALL of the City of Santa Clara Printed on 1/7/2022Page 1 of 2
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22-68 Agenda Date: 1/11/2022
revenue were those parking spots made available on event days including NFL events.

This could amount to up to $10,000 per event in revenue for the City which could be applied to arts programs or homeless services or public safety.

I would like to have a discussion about how to make those spots available when there are no events at the Youth Soccer Park (soccer gets absolute priority). I realize that there may be some Measure R issues in play here since the City cannot sell or lease land without a ballot measure. Perhaps the city could hire a parking management company to operate the city owned lot on event days.

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a administrative activity that will not result in direct or indirect physical changes to the environment.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]>.

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Council Written Request dated January 2, 2022 submitted by Councilmember Jain City of Santa Clara Printed on 1/7/2022Page 2 of 2
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RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council
Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
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Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble

PROCEDURE

FOR WRITTEN

PETITIONS

ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

1. All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL

ADD ING AN ITEM ON THE AGENDA

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _

WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
The Center of Whnt's Possible
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council : Suds Jain
Contact E-mail_ sjain@santacla raca.gov_
Contact Phone 408-499-2955 _______ _
Today's Date_ 1/2/2022

WRITTEN REQUEST
I, Suds Jain _______ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

I attended the 49ers game at Levi's Stadium on January 2nd, 2022. {I purchased my ticket with my own funds). I was given a tour of the stadium by Rahul Chandhok, Vice President {VP) of Public Affairs and Strategic Communications; Jas Sajjan, Senior Manager of Public Affairs & Strategic Communications; Larry MacNeil, Compliance Manager; Emily Matthews, Manager of Communications and Public Affairs, Moon Java id, Chief Strategy Officer; and Jim Mercurio among others.

One thing that I noticed was that the Youth Soccer Park was not being used and neither were the associated parking spots which are owned by the City of Santa Clara.

It seems to me that each of the 100 or so parking spots is worth between $50 and $100 each per large event. I was told that the City of Santa Clara would receive ALL of the revenue were those parking spots made available on event days including NFL events. This could amount to up to $10,000 per event in revenue for the City which could be applied to arts programs or homeless services or public safety.

Perhaps the city could hire a parking management company to operate the city owned lot on event days.

Reference: Council Policy 030-Adding an Item on the Agenda Resolution No. 20-8895
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-77 Agenda Date: 1/11/2022

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030) Submitted by Keith Stattenfield Requesting to Place an Agenda Item at a Future Council Meeting to Discuss requirements from the Office of the City Attorney on Approving an Update to the CC&R’s of the Casa del Rey Homeowner’s Association Bylaws

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Written Petition on January 4, 2022 submitted by Keith Stattenfield (Attachment 2) requesting to place an agenda item on a future council meeting to discuss requirements from the Office of the City Attorney on Approving an Update to the CC&R’s of the Casa del Rey Homeowner’s Association Bylaws which are a Significant Financial Hardship to our Association.

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City City of Santa Clara Printed on 1/6/2022Page 1 of 2
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22-77 Agenda Date: 1/11/2022
Clerk’s Office at (408) 615-2220, [email protected].

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition dated January 4, 2022 submitted by Keith Stattenfield City of Santa Clara Printed on 1/6/2022Page 2 of 2
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RESOLUTION NO. 20-8895