delivers on community expectations. Clean California Grants must be fully expended by June 30, 2024, so design work needs to start in earnest in order to complete construction by that timeline. Staff has already been working with Caltrans staff to review and edit the RGA and put in place needed financial paperwork to allow for project invoicing and recovery of indirect costs.
Staff will return to Council for the two-part budget adjustment as required to recognize the grant once the RGA is executed.
FISCAL IMPACT
There is no fiscal impact with the approval of this item. Staff successfully petitioned in our grant application that the City's project should be awarded full funding (4,767,980.00) with no required match. Caltrans has accepted the City's submitted reasoning and awarded full funding.
ENVIRONMENTAL REVIEW
California Environmental Quality Act (CEQA) analysis will be done as part of the project. It is anticipated that the improvement envisioned under the grant will be categorically exempt.
ATTACHMENTS
1. RESOLUTION Clean CA Lake Dalwigk 2022_CAO Stamp
CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]
RESOLUTION NO. 22-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY
MANAGER TO ACCEPT A CLEAN CALIFORNIA GRANT AWARD FOR THE LAKE DALWIGK
PARK IMPROVEMENT PROJECT AND EXECUTE A RESTRICTED GRANT AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CLEAN CA FUNDS WHEREAS, the City of Vallejo is eligible to receive State funding for certain transportation-related work though the California Department of Transportation (Caltrans); and WHEREAS, the City of Vallejo, Greater Vallejo Recreation District, and Vallejo Flood and Wastewater District worked cooperatively to develop the City’s application for Clean CA grant funding for the Lake Dalwigk Improvement Project; and
WHEREAS, On March 9, 2022, the City was informed that Caltrans had selected the Lake Dalwigk Park Improvements Project for full funding, requiring no City match; and WHEREAS, a Restricted Grant Agreement (RGA) is needed to be executed with Caltrans before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of Vallejo seeks to authorize the City Manager to execute a RGA and any amendments thereto; and
WHEREAS, the City of Vallejo, Greater Vallejo Recreation District, and Vallejo Flood and Wastewater District expect to continue this cooperation to deliver the project on-time and on- budget; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vallejo that the City Manager is hereby authorized to execute a Restricted Grant Agreement and any amendment to the RGA with Caltrans and authorize the City Manager to negotiate any further terms deemed in the best interests of the City.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on July 26, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.E.
DATE: September 13, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS WITH RECTANGULAR RAPID-
FLASHING BEACONS PROJECT AND AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $325,360 TO RADMAN ELECTRIC OF
HAYWARD, CALIFORNIA, IN ACCORDANCE WITH THE APPROVED PLANS AND
SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE REQUIREMENTS
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
RECOMMENDATION
Adopt a Resolution approving the project plans and specifications for the Pedestrian Intersection Crossing Enhancements with Rectangular Rapid-Flashing Beacons Project and authorizing the City Manager to award a construction contract in the amount of $325,360 to Radman Electric of Hayward, California, in accordance with the approved plans and specifications.
REASONS FOR RECOMMENDATION
This project is part of the City's efforts to enhance and improve roadway safety for pedestrians as part of the Highway Safety Improvement Program (HSIP).
BACKGROUND AND DISCUSSION
The Safe, Accountable, Flexible, Efficient Transportation Equity Act, a Legacy for Users (SAFETEA-LU) which was signed into law on August 10, 2005, (Public Law 105-99) established the Highway Safety Improvement Program (HSIP). The City of Vallejo was awarded the Pedestrian Intersection Crossing Enhancements with Rectangulr Rapid-Flashing Beacons safety project as part of the HSIP Cycle 9 in the Pedestrian Crossing Enhancements Category.
On September 11, 2019, the City of Vallejo was awarded $246,000 in HSIP funding for pedestrian street crossing enhancements such as advanced pedestrian warnings and signs as well as installation of Rectangular Rapid-Flashing Beacons (RRFBs). As part of the funding application, the Metropolitan Transportation Commission (MTC) required the City of Vallejo to provide assurances that the project will be completed as promised.
On June 20, 2020, the City Council adopted a Resolution to amend the FY 2020-21 Capital Improvement Program (CIP) Budget to recognize the HSIP $246,000 funds. The FY2021-22 proposed Budget includes an additional $250,000 in Transportation Impact Mitigation funds to provide additional funds for the pedestrian intersection crossing improvements in this project.
The project improvements will be installed along Redwood Street at unsignalized intersections of Foothill Drive, Valle Vista Ave, Fairview Ave, Howard Ave, and at the intersection of Solano Ave at Tuolumne Street/Virginia Street to improve the pedestrian crossing at these intersections. A map of these improvements is attached hereto as Attachment 1.
Date: September 13, 2022
Subject: ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS WITH RECTANGULAR RAPID-
FLASHING BEACONS PROJECT AND AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $325,360 TO RADMAN ELECTRIC OF
HAYWARD, CALIFORNIA, IN ACCORDANCE WITH THE APPROVED PLANS AND
SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
The Plans and Specifications, prepared and completed under the direction of the City Engineer, were advertised on May 27, 2022. A five-week advertising period was fulfilled for this project. On July 6, 2022, sealed bids were opened and publicly read by the Deputy City Clerk. The City received three (3) bids and the results of the bids for the subject project, in order from lowest to highest, were as follows:
Bid
Order
Contractor Total Base Bid Amount
1 Radman Electric $325,360.00
2 Kerex Engineering, Inc. $349,135.00
3 FBD Vabguard Construction, Inc. $523,467.00
Staff recommends awarding a construction contract to the lowest responsive and responsible bidder, Radman Electric of Hayward, California, in the amount of $325,360.00. All submitted bid requirements appear to be complete and in order, meeting all bid requirements. The contract specifies 60 working days and construction is expected to begin in early fall 2022.
Staff will post on the City's website the affected segments of Redwood Street and the intersection of Solano Aven and Tuolumne/Virginia Street of the upcoming construction project. Prior to actual construction, the contractor is obligated to post "no parking" signs 72 hours prior to start of work on the affected street and provide notes on door hangers as a way to inform the public.
FISCAL IMPACT
There will be no fiscal impact on the General Fund associated with the approval of this item as it is being funded through the Capital Program funds under PW9735: Pedestrian Intersection Crossing Enhancements with Rectangular Rapid-Flashing Beacons, Federal Aid Project No. HSIPL-5030(066).
Sources Budget Expenditures
Fund 203: Traffic Impact Mitigation Fee $250,000
Fund 221: Federal Highway Safety
Impact Program (HSIP)
$246,000
Design (staff cost) ($38,000)
Construction Contract ($325,360)
Construction Contingency (20%) ($65,072)
Date: September 13, 2022
Subject: ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS WITH RECTANGULAR RAPID-
FLASHING BEACONS PROJECT AND AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $325,360 TO RADMAN ELECTRIC OF
HAYWARD, CALIFORNIA, IN ACCORDANCE WITH THE APPROVED PLANS AND
SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
Construction Management & Inspection
(Staff & Consultant)
($67,568)
TOTALS $496,000 ($496,000)
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301(c) "Existing Facilities" which applies to the repair and maintenance of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks, installation of Rapid Rectangular Flashing Beacon. Since federal grant funds are being utilized to fund this project, the environmental review under the National Environmental Policy Act (NEPA) was performed and approved on October 29, 2019, by Caltrans.
ATTACHMENTS
1. Reso PW9735 Radman Electric-CAO Stamp
2. Vallejo Ped Crossing Vicinity_Location Map - Attachment 1
3. Contract PW9735-CAO Stamp
4. Exhibit A
5. Exhibit B
6. Exhibit C
CONTACT
Melissa Tigbao, Public Works Director (707) 648-4085
[email protected]
RESOLUTION NO. 22-______
ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS WITH RECTANGULAR RAPID-FLASHING
BEACONS PROJECT AND AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $325,360 TO RADMAN ELECTRIC OF HAYWARD, CALIFORNIA, IN
ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND FINDING THE PROJECT
EXEMPT FROM THE REQUIREMENS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
WHEREAS, on September 11, 2019, the City of Vallejo (City) was awarded the Highway Safety Improvement Program (HSIP) federal funds for this project and Caltrans issued the Authorization to Proceed Summary form (E-76) for construction dated April 15, 2022; and
WHEREAS, those certain plans and specifications for the PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS with Rapid Rectangular Flashing Beacons (W/RRFBs)PROJECT FEDERAL AID PROJECT NO. HSIPL-5030(066) (PW9735), prepared by our staff under the direction of the City Engineer, Vallejo, California (“Plans and Specifications”), located in the City of Vallejo, County of Solano, California have been presented to the City Council; and
WHEREAS, the City was awarded $246,000 in federal funding through the Highway Safety Improvement Program (HSIP); and
WHEREAS, the City is obligated under the grant agreement to contribute 12% of the total project costs; and WHEREAS, the grant match will be made using existing project budget and in-kind contributions associated with staff time spent working on project-related activities, and WHEREAS, the City advertised for and publicly opened bids on July 6, 2022, and received three (3) bids; and WHEREAS, Radman Electric a sole proprietor, submitted the lowest responsive and responsible bid of $325,360.00; and
WHEREAS, there is adequate funding to award the Contract, including an additional 20 percent of the award amount as contingency.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The City Council finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15301(c) "Existing Facilities" which applies to the repair and maintenance of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks, installation of Rapid Rectangular Flashing Beacon. Since federal grant funds are being
utilized to fund this project, the environmental review under the National Environmental Policy Act (NEPA) was performed and approved on October 29, 2019, by Caltrans.
2. an invitation for bids was duly advertised
BE IT FURTHER RESOLVED that, Radman Electric is determined to be the lowest responsive and responsible and is hereby awarded a contract in the amount of $325,360.00, and said contract is awarded to said low bidder at the prices bid.
BE IT FURTHER RESOLVED that all other bids to-wit:
Kerex Engineering, Inc., $ 349,135.00
FBD Vanguard Construction, Inc., $ 523,467.00
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign an agreement between the City of Vallejo and Radman Electric with any modifications recommended by City Attorney, and the City Clerk to attest the signing of that agreement.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future contract change orders not to exceed the appropriated project budget.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 13, 2022, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
List of Locations
2.1 Foothill Dr & Redwood Pkwy
2.2 Valle Vista Ave & Redwood St
2.3 Fairview Ave. & Redwood St.
2.4 Howard Ave. & Redwood St.
2.5 Solano Ave at Tuolumne St/Virginia St
!! ! !
!
2.5 2.42.32.2 2.1
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community
Vallejo Ped Crossing - Vicinity/Location
Map
! NS18 Install pedestrian crossing at uncontrolled
locations (with enhanced safety features)
Vallejo City Limits
Sources: Esri, HERE, Garmin,
USGS, Intermap, INCREMENT P,
NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea,
Esri (Thailand), NGCC, ©
OpenStreetMap contributors, and
the GIS User Community0.25 0 0.250.125 Miles
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
CONTRACT
FOR
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS W/RRFB’s PROJECT FEDERAL AID PROJECT NO. HSIPL-5030(066)
THIS CONTRACT (“Contract”) made and concluded in duplicate this 13 th day of September , 2022, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and Radman Electric , hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and,
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,
WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and, WHEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award a contract, therefore.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
The work to be done, in general terms, consists of:
Remove and construct new curb ramps as shown on the plans. Remove and replace curb, gutter, and conform to adjacent existing grades. Remove existing striping at location shown on the plans.
Install new striping per Caltrans standard detail A24. Protect existing utilities in place.
Protect existing structures in place.
Grind and slurry seal prior installation of high visibility stripe. Install white stripe high visibility ladder crosswalk as shown on the plans. Install yield line with R1-5 sign per Caltrans detail standard. Providing traffic control plan.
Install rectangular rapid flashing beacon (RRFB) per detail and manufacturer recommendation.
The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein and as provided for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.
The following documents shall constitute the Contract Documents:
(a) Notice to Contractors;
(b) Instructions to Bidders;
(c) Proposal Form;
(d) Plans;
(e) Specifications, special provisions;
(f) Change Orders thereto;
(g) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2018 edition, Sections 10 through 95, all as modified herein;
(h) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(i) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007 and Addendum to Master Bid Document (MBD) March 2014;
(j) Any other documents identified as such in the Contract Documents.
2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified as such, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.
The said Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.
By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit B. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
Exhibit C (Federal Requirements for Federal Aid Construction Projects) is also attached.
SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.
RADMAN ELECTRIC
Sole Proprietor
By:
Nenad Radmanovic
Sole Proprietor
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armando Sarkis
Risk Manager
EXHIBIT A
[TO BE INSERTED]
EXHIBIT B
PREVAILING WAGE RATES (STATE & FEDERAL)
[TO BE INSERTED]
EXHIBIT C
FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS [TO BE INSERTED]
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we,
, as Principal, and
, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of DOLLARS ($ ), and no more, for
the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided.
THAT WHEREAS, the Principal has entered into a contract with said City for the construction of:
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS W/RRFB’s PROJECT FEDERAL AID PROJECT NO. HSIPL-5030(066)
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.
The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of , 20 _. The
name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:
PEDESTRIAN INTERSECTION CROSSING ENHANCEMENTS W/RRFB’s PROJECT FEDERAL AID PROJECT NO. HSIPL-5030(066)
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.
NOW, THEREFORE, we,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
DOLLARS ($ ), and no
more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, as herein provided.
The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above bounden parties have executed this Instrument under several seals this day of , 20 . The
name and Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
PRINCIPAL: SURETY:
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
EXHIBIT A
EXHIBIT B
PREVAILING WAGE RATES (STATE & FEDERAL)
STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWAgeDetermination.htm
FEDERAL MINIMUM WAGE RATES
http://www.access.gpo.gov/davisbacon/CA.html
Local Assistance Procedures Manual
A-29
33. SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS ____________________________________________________________________________________________________ GENERAL.—The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Con tract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required co ntract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT .—In ad -
dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following:
The bidder sh all execute the CERTIFICATION WITH RE -
GARD TO THE PERFORMANCE OF PREVIOUS CON -
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such re quest is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor.
NON-COLLUSION PROVISION.—The provisions in this
section are applicable to all contracts except contracts for Federal Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, associ ation, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agree ment, participated in any collusion, or otherwise taken any ac tion in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statemen t required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal.
PARTICIPATION BY DISADVANTAGED BUSINESS EN-
TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code
of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions.
Schedule B —Information for Determining Joint Venture Eli - gibility
(This form need not be filled in if all joint venture firms are DBE owned.)
1. Name of joint venture ___________________________
________________________________ ________________
2. Address of joint venture _________________________
________________________________ ________________
3. Phone number of joint venture ____________________
________________________________ ________________
4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) _______________ ________________________________ ________________
a. Describe the role of the DBE firm in the joint venture. ________________________________ ______________
b. Describe very briefly the experience and business
qualifications of each non-DBE joint venturer: _________ ________________________________ ______________
5. Nature of the joint venture’s business ______________ ________________________________ ________________
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of DBE ownership? ___ ________________________________ ________________
8. Ownership of joint venture: (This need not be filled in if described in the j oint venture agreement, provided by question
6.).
FR-1
EXHIBIT C
A-30
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their ti tles) who are responsible for day -to-day management and policy decision making, including, but not limited to, those with prime responsibility for:
a. Financial decisions ___________________________
________________________________ ______________
b. Management decisions, such as:
1. Estimating _______________________________
________________________________ ____________
2. Marketing and sales ________________________
________________________________ ____________
3. Hiring and firing of management personnel ___ ________________________________ ____________
4. Purchasing of major items or supplies __________
________________________________ ____________
c. Supervision of field operations __________________
________________________________ ______________
Note.—If, after filing this Schedule B and before the comple - tion of the joint venture’s work on the contract covere d by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di - rectly or through the prime contractor if the joint venture is a subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of t he books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws con cerning false statements."
.........................................................................................................
Name of Firm Name of Firm
.........................................................................................................
Signature Signature
.........................................................................................................
Name Name
.........................................................................................................
Title Title
.........................................................................................................
Date Date
Date ________________________________ ______________
State of ________________________________ ____________ County of ________________________________ __________
On this ____ day of _______________, 19 __, before me
appeared (Name) _________________, to me personally known, who, being duly sworn, did execute the foregoing affi davit, and did state that he or she was properly authorized by (Name of firm) __________________________ to execute the affidavit and did so as his or her free act and deed.
Notary Public ________________________________ _______ Commission expires ________________________________ __ [Seal]
Date ________________________________ ______________
State of ________________________________ ____________ County of ________________________________ __________
On this ___ day of _______________, 19 __, before me appeared (Name) _________________ to me pe rsonally known, who, being duly sworn, did execute the foregoing affi davit, and did state that he or she was properly authorized by (Name of firm) ___________________________ to execute the affidavit and did so as his or her free act and deed.
Notary Public ________________________________ _______ Commission expires ________________________________ __ [Seal]
FR-2
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34. REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
____________________________________________________________________________________________________
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning Highway Project
X. Implementation of Clean Air Act and Federal Water
Pollution Control Act
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion
XII. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor’s own organization and with the assistance of workers under the contractor’s im mediate superintendence and to all work performed on the con tract by piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipula tions contained in these Required Contract Provisions, and further re quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Con tract Provi sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compli ance by any subcontractor or lower ti er subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termi nation of the contract.
4. A breach of the following clauses of the Re quired Con tract Provisions may also be grounds for debarment as pro vided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisi ons of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the gen eral disputes clause of this contract. Such disputes shall be resolved in accor - dance with the procedures of the U.S. De partment of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor’s employees or their representatives.
FR-3
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, pos session, or territory of the United States (except for em ployment preference for Appalachian contra cts, when ap plicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal em ployment
opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equ al opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions pre scribed herein, and im posed pursuant to 23 U.S.C. 140 shall constit ute the EEO and specific affirmative action standards for the contractor’s project activities under this contract. The Equal Opportunity Construc tion Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this con tract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli - gations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employ ment, without regard to their race, religion, sex, color, na tional origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad - vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively
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Form 1273 —
administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsi bility to do so.
3. Dissemination of Policy: All members of the con tractor’s staff who are authorized to hire, supervise, pro mote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor’s EEO policy and contractual
responsibilities to provide EEO in each grade and cla ssification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor’s EEO policy and its implementation will be reviewed and explained. The meetings will be con ducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor’s EEO obliga tions within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the con tractor’s procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor’s EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor’s EEO policy and the procedures to im - plement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver tisements will be placed in publications having a large circula tion among minority groups in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bar gaining agreement, conduct systematic and direct recruit ment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this re quirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contr actor’s compli ance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of dis criminating against minorities or women, or obli gates the contractor to do the same, such implementation violates Ex ecutive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer minority group applicants for employment. Infor mation and procedures with regard to referring minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, up grading, promotion, transfer, demotion, layoff, and termina tion, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of pro ject sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evi dence of discriminatory wage practices.
c. The contractor will peri odically review selected per sonnel actions in depth to determine whether there is evi dence of discrimination. Where evidence is found, the con tractor will promptly take corrective action. If the review indicates that the discrimination may extend bey ond the ac tions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all com plaints of alleged discrimination made to the contractor in connec tion with his obligations under this contract, wi ll attempt to resolve such complaints, and will take appropri ate corrective action within a reasonable time. If the inves tigation indi cates that the discrimination may affect per sons other than the complainant, such corrective action shall include suc h other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women em ployees, and applicants for employment.
b. Consistent with the contractor’s work force require ments and as permissible under Federal and State regula tions, the contractor shall make full use of training pro grams, i.e., apprenticeship, and on -the-job training pro grams for the ge - ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for train ing is provided under this contract, this subparagraph will be superseded as indicated in the spe cial provision.
c. The contractor will advise employees and applicants for employment of available training programs and en trance re - quirements for each.
d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion.
Form 1273 — Revised 3-95
08-07-95
FR-4
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7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor’s association acting as agent will include the procedures set forth below:
a. The contractor will use best efforts to develop, in co op- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minor ity group employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the re ferral practices and policies of the labor union except that to the ex tent such information is within the exclusive pos session of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bar gaining agreement, the contractor will, through indepen dent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national ori gin, age or disability; makin g full efforts to obtain qualified and/or qualifiable mi nority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclu sive referral failed to refer minority employees.) In the event the union referral prac tice prevents the contractor from meet ing the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, reli gion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontrac tors and suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pur suant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontrac tors or sub contractors with meaningful minority group and female repre sentation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure sub con- tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women;
(3) The progress and efforts being made in locati ng, hiring, training, qualifying, and upgrading minority and fe male employees; and
(4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the num ber of minority, women, and non -minority group em ployees currently engaged in each work classification re quired by the con tract work. This information is to be re ported on Form FHWA-1391.
If on-the-job training is be ing required by spe cial provision, the contractor will be required to collect and report training data.
III NONSEGREGATED FACILITIES
(Applicable to all Fe deral-aid construction contracts and to all related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this con tract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal- aid construction contractor, subcontractor, mate rial supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segre gated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provi sions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated fa cilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertain ment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g . disabled parking).
Form 1273 — Revised 3-95
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c. The contractor agrees that it has obtained or will ob tain identical certification from proposed subcontractors or mate rial suppliers prior to award of subcontracts or con summation of material supply agreements of $10,000 or more and that it will retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM
WAGE
(Applicable to all Federal -aid construction contracts ex ceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural mi nor collectors, which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent de duction or rebate on any account [except such payroll de ductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contain ed in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to ex ist between the contrac tor or its subcont ractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA- 1495) shall be posted at all times by the contractor and its subcon- tractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the pur pose of this Section, contributions made or costs reasonably an ticipated for bona fide fringe benefits u nder Section 1(b)(2) of the Davis - Bacon Act (40 U.S.C. 276a) on behalf of la borers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Sec tion, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) un der plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such wee kly period. Such laborers and me - chanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination.
b. The contracting officer shall appr ove an additional classification, wage rate and fringe benefits only when the following criteria have been met:
(1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination;
(2) the additional classification is utilized in the area by the construction industry;
(3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) with respect to helpers, when such a classification prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi - tional classification or their representatives, and the con tracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer t o the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C.
20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or dis approve every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or m echanics to be employed in the addi tional classification or their representatives, and the con tracting officer do not agree on the proposed classifica tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contra cting officer shall re fer the questions, including the views of all inter ested parties and the
recommendation of the contracting officer, to the Wage and Hour Administrator for determina tion. Said Admin istrator, or an authorized representative, will issue a determi nation within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary
e. The wage rate (including fringe benefits where appro priate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the addi tional classification from the first day on which work is per formed in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contrac tor or subcontractors, as appropriate, shall either pay the benefit
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FR-6
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as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer o r mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or pro gram, provided, that the Secretary of Labor has found, upon the writ ten request of the contractor, that the applicable standards of the D avis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL)
and Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State appren ticeship agency recognized by the Bureau, or if a person is em ployed in his/her first 90 days of probationary em ployment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Ap - prenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an appren tice wage rate, who is not registered or otherwise em ployed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addi tion, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing con struction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour - neyman-level hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.
(3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the jour neyman-level hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Adminis- trator for the Wage and Hour Division determines that a different practice pre vails for the applicable apprentice classification, fringes shall be paid in acco rdance with that determination.
(4) In the event the Bureau of Apprenticeship and Train ing, or a State apprenticeship agency recognized by the Bu reau, withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be pe rmitted to utilize apprentices at less than the appli cable predeter mined rate for the comparable work performed by regular employees until an acceptable program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration.
(2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted un der the plan approved by the Employment and Training Adminis tration.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work ac tually performed. In add ition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(3) Every trainee must be p aid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division d etermines that there is an apprenticeship program associated with the corre - sponding journeyman -level wage rate on the wage deter - mination which provides for less than full fringe bene fits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Adminis -
tration withdraws approval of a training program, the con - tractor or subcontractor will no longer be permitted to uti lize trainees at less than the applicable predete rmined rate for the work performed until an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant t o the con formance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classifi cation of work actually performed.
Form 1273 —
FR-7
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5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Sec retary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contrac tor, or any other federally-assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued p ayments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the con tractor, take such action as may be necessary to cause the sus pension of any further payment, ad vance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which m ay require or involve the employ ment of laborers, mechanics, watchmen, or guards (including appren tices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in whi ch he/she is em ployed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensa tion at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) f or liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such e mployee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages re quired by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work per formed by the contractor or subcontractor under any such con tract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Con tract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcon tractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts ex ceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural col lectors, which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
b. The payroll records shall contain the name, social se curity number, and addr ess of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the em ployee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secre tary of Labor, pursuant to Sec tion IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reason ably anticipated in providing benefits under a plan or pro gram described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been commu nicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employ ing apprentices or tra inees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs.
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c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, de scribed in Section IV, paragraphs 4 and 5, and watchmen and guards en gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accu rately and completely all of the information required to be maintained under paragraph 2b of this Section V. This in formation may be submit ted in any form desired. Optional Form WH-347 is available for this purpose and may be pur chased from the Superinten dent of Documents (Federal stock number 029 -005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
d. Each payr oll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or sub - contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) that the pay roll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper, apprentice, and trainee) emplo yed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indi rectly, and that no deductions have been made either di rectly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked per formed, as specified in the applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certifica tion set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such represen - tatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the re quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such ac tions as may be nec essary to cause the suspension of any fur ther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR
1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installa tion of protective devices at railroad grade crossings, those which are constructed on a force acco unt or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635); the contractor shall:
a. Become familiar with the list of specific material s and supplies contained in Form FHWA -47, "Statement of Mate rials and Labor Used by Contractor of Highway Construc tion
Involving Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materi als and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and sup plies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned.
2. At the prime contractor’s option, either a single report covering all contract work or separate reports for the contrac tor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items des ignated by the State.
Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original con tract price before computing the amount of work required to be performed by the contractor’s own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime con tractor and equipment owned or rented by the prime contrac tor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or age nt of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of con tracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.
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2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superinten dent or supervisor who is employed by the firm, has full au thority to direct performance of the work in accordance with the con tract requirements, and is in charg e of all construction opera tions (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, man agement, and engineering services) as the SHA contracting officer deter mines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws gov erning safety, health, and sanitation (23 CFR 635). The con tractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it deter mines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsani tary, hazardous or dangerous to his/her health or safety, as de termined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Stan dards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representa tive thereof, shall have right of entry to any site of contract perfor mance to inspect or investigate the matter of compli ance with the construction safety and health standards and to carry out t he duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons con cerned with the project perform their functi ons as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis - representation with respect to any facts re lated to the project is a violation of Federal law. To prevent any misunderstanding re - garding the seriousness o f these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the charac ter, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submissio n of plans, maps, specifications, contracts, or costs of construction on any highway or related project sub mitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false rep re- sentation, false report or fa lse claim with respect to the charac ter, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project ap proved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false repre - sentation as to material fact in any statement, certifi cate, or report submitted pursuant to provisions of the Fed eral-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and sup - plemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid con struction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the perfor mance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91- 604), and under the Federal Water Pol lution Con trol Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and regu lations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S.
Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulati ons and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the re ceipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized Form 1273 — Revised 3-95
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for the contract is under consideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered
Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospec tive primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of partic ipation in this covered transaction. The prospective par ticipant shall submit an explanation of why it cannot pro vide the certifica tion set o ut below. The certification or explanation will be considered in connection with the de partment or agency’s de termination whether to enter into this transaction. However, failure of the prospective pri mary participant to furnish a cer tification or an explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the de partment or agency determined to enter into this tr ansaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Gov ernment, the de partment or agency may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "sus pended," "ineligible," "lower tier covered transaction," "par ticipant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Execu tive Order 12549. You may contact the department or agency to which this pro posal is submitt ed for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by sub mitting this proposal that, should the proposed covered transac tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, un less authorized by the department or agency entering into this transaction.
g. The prospective primary participant further agrees by submitting this proposal that it will include the clause ti tled "Certification Regarding Debarment, Suspension, Inel igibility and Voluntary Exclusion -Lower Tier Covered Transac tion," provided by the department or agency en tering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier cov ered transaction that is not debarred, suspended, ineli gible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par ticipant may decide the method and frequency by whi ch it determines the el - igibility of its principals. Each partici pant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is co mpiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not re quired to exceed that which is normally possessed by a pru dent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transac tion knowingly enters into a lower tier c overed transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Gov ernment, the de partment or agency may terminate this transaction for cause or default.
* * * * *
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion—Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily ex cluded from covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment ren dered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public tra nsaction; viola tion of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or other wise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and
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d. Have not within a 3 -year period preceding this ap - plication/proposal had one or more public transac tions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is un able to certify to any of the statements in this certifica tion, such prospective participant shall attach an expla nation to this proposal.
* * * * *
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transac tion was entered into. If it is later determined that the pr ospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme dies, including su spension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this pro posal is submitted if at any time the prospective lower tier partici pant learns that its certification was errone ous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "sus pended," "ineligible," "primary covered transaction," "par ticipant," "person," "principal," "proposal," and "volun tarily excluded," as used in this clause, hav e the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by sub mitting this proposal that, should the proposed covered transac tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, un less authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will in clude this clause titled "Certification Regarding Debarment, Suspension, In eligibility and Voluntary Exclusion -Lower Tier Covered Transac tion," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cov ered transaction that is not debarred, suspended, ineli gible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par ticipant may decide the method and frequency by which it determines the el - igibility of its principals. Each partici pant may, but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be con strued to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transac tion knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Gov ernment, the de partment or agency with which this transac tion originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions
1. The prospective lower tier particip ant certifies, by submission of this proposal, that neither it nor its prin cipals is presently debarred, suspended, proposed for de barment, declared ineligible, or voluntarily excluded from par ticipation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is un able to certify to any of the statements in this certifica tion, such prospective participant shall attach an expla nation to this proposal.
* * * * *
XII. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowl edge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at tempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congre ss in con nection with this Federal contract,
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grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en - tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the lan guage of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all suc h recipients shall certify and disclose accordingly.
________________________________________________________________________________________________
35. FEDERAL-AID FEMALE AND MINORITY GOALS
________________________________________________________________________________________________ In accordance with Section II, "Nondiscrimination," of
"Required Contract Provisions Federal -aid Construc tion Contracts" the following are the goals for female utilization:
Goal for Women
(applies nationwide)..............(percent) ......... 6.9
The following are goals for minority utilization:
CALIFORNIA ECONOMIC AREA
Goal
(Percent)
174 Redding, CA:
Non-SMSA Counties .................................... 6.8 CA Lassen; CA Modoc;
CA Plumas; CA Shasta;
CA Siskiyou; CA Tehama.
175 Eureka, CA:
Non-SMSA Counties . ................................... 6.6 CA Del Norte; CA Humboldt;
CA Trinity.
176 San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-
Monterey, CA.... ......................................... 28.9 CA Monterey.
7360 San Francisco-Oakland, CA. ................ 25.6
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA ......................................... 19.6 CA Santa Clara.
7485 Santa Cruz, CA. ..................................... 14.9 CA Santa Cruz.
7500 Santa Rosa, CA ..................................... 9.1 CA Sonoma.
8720 Vallejo-Fairfield- Napa, CA ................. 17.1 CA Napa; CA Solano
Non-SMSA Counties .......................................... 23.2 CA Lake; CA Mendocino;
CA San Benito.
177 Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA. ................................... 16.1 CA Placer; CA Sacramento;
CA Yolo.
Non-SMSA Counties. ......................................... 14.3 CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CA Nevada; CA Sierra;
CA Sutter; CA Yuba.
178 Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA ......................................... 12.3 CA Stanislaus.
8120 Stockton, CA ........................................ 24.3 CA San Joaquin.
Non-SMSA Counties .......................................... 19.8 CA Alpine; CA Amador;
CA Calaveras; CA Mariposa;
CA Merced; CA Tuolumne.
179 Fresno-Bakersfield, CA:
SMSA Counties:
0680 Bakersfield, CA .................................... 19.1 CA Kern.
2840 Fresno, CA ............................................ 26.1 CA Fresno.
Non-SMSA Counties .......................................... 23.6 CA Kings; CA Madera;
CA Tulare.
180 Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden
Grove, CA. .................................................. 11.9 CA Orange.
4480 Los Angeles-Long
Beach, CA ................................................... 28.3 CA Los Angeles.
6000 Oxnard-Simi Valley-
Ventura, CA ................................................ 21.5 CA Ventura.
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6780 Riverside-San Bernardino-
Ontario, CA. ............................................... 19.0 CA Riverside;
CA San Bernardino.
7480 Santa Barbara-Santa Maria-
Lompoc, CA ............................................... 19.7 CA Santa Barbara.
Non-SMSA Counties .......................................... 24.6 CA Inyo; CA Mono;
CA San Luis Obispo.
181 San Diego, CA:
SMSA Counties
7320 San Diego, CA...................................... 16.9 CA San Diego.
Non-SMSA Counties .......................................... 18.2 CA Imperial.
In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon.
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(To be used, when applicable, in Federal-aid projects)
*Insert number of trainees.
36. FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS ________________________________________________________________________________________________
FEDERAL REQUIREMENT TRAINING
SPECIAL PROVISION . -- As part of the
Contractor’s equal employment opportunity affirmative
action program, training shall be provided as follows:
The Contractor shall provide on -the-job training to
develop full journeymen in the types of trades or job
classification involved.
The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be 8.
In the event the Contractor subcontracts a portion of the contract work, he shall determ ine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the
primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also ensure that this Training Special Provision is made
applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their first year of apprenticeship or training.
The number of trainees or apprentices shall be
distributed among the work classifications on the basis of the Contractor’s needs and the availability of journeymen in the various classifications within a reasonable area of
recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of
trainees or apprentices to be trained in each selected
classification and training program to be used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the
contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such
trainees or apprentices as provided hereinafter.
Training and upgrading of minorities and women
toward journeymen status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women
trainees or app rentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area of recruitment. The Contractor will be responsible for
demonstrating the steps that he has taken in pursuance
thereof, prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not b e used, to discriminate against any applicant for training, whether a member of a minority group or not.
No employee shall be employed as a trainee or
apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The
Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor’s records should document the findings in each case.
The minimum length and type of training for each
classification will be as established in the training program selected by the Contractor and approved by both the
Department and the Federal Highway Administrat ion. The Department and the Federal Highway Administration will
approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for
journeyman status in the classification concerned by the end of the training period. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of
Apprenticeship Standards recognized by the Bureau and
training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training shall also be
considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal-aid highway construction contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the cla ssification
covered by the program. It is the intention of these
provisions that training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions.
Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications.
Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office.
Some offsite training is permissible as long as the
training is an integral part of an approved training program and does not comprise a significant part of the overall training. Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer,
reimbursement will be made for training of persons in
excess of the number specified herein.
F-15
A-44
This reimbursement will be made even though
the Contractor receives additional training program
funds from other sources, provided such other source
does not specifically prohibit the Contractor from
receiving other reimbursement. Reimbursement for
offsite training indicated above may only be made to
the Contractor where he does one or more of the
following and the trainees or apprentices are
concurrently employed on a Federal-aid project;
contributes to the cost of the training, provides the
instruction to the trainee or apprentice or pays the
trainee’s or apprentice’s wages during the offsite
training period.
No payment shall be made to the Contractor if
either the failure to provide the required training, or the failure to hire the trainee or apprentice as a
journeyman, is caused by the
Contractor and evidences a lack of good faith on
the part of the Contractor in meeting the requirements
of this Training Special Provision. It is normally
expected that a trainee or apprentice will begin his
training on the project as soon as feasible after start of work utilizing the skill involved and remain on the
project as long as training opportunities exist in his
work classification or until he
has completed his training program. It is not required that all trainees or apprentices be on board for the
entire length of the contract. A Contractor will have
fulfilled his responsibilities under this Training
Special Provision if he has provided acceptable
training to the number of trainees or apprentices
specified. The number trained shall be determined on
the basis of the total number enrolled on the contract
for a significant period.
Only trainees or apprentices registered in a
program approved by the State of California’s State
Administrator of Apprenticeship may be employed on
the project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed.
The Contractor shall furnish the trainee or
apprentice a copy of the program he w ill follow in
providing the training. The Contractor shall provide
each trainee or apprentice with a certification showing the type and length of training satisfactorily completed.
The Contractor will provide for the
maintenance of records and furnish periodic
reports documenting his performance under this
Training Special Provision
FR-16
CONSENT CALENDAR 8.F.
DATE: September 13, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SHORT FORM CONTRACT WITH TELSTAR INSTRUMENTS IN THE AMOUNT OF $175,000 INCLUDING CONTINGENCY FOR
EMERGENCY WORK TO INSTALL A SEWER PUMP STATION NEAR THE MARINA
COAST GUARD STATION AND FINDING THE PROJECT EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15269(b) AND 15302(c)
RECOMMENDATION
Adopt a resolution approving a short form contract with Telstar Instruments in the amount of $175,000, including contingency, for emergency work to install a sewer pump station near the Marina Coast Guard Station
REASONS FOR RECOMMENDATION
The lateral sewer line that serves the area near the Marina Coast Guard Station recently overflowed, requiring emergency response from staff to prevent spillage into the waterway. It has been determined that a sewer pump station must be installed to prevent further overflows. Staff recommends awarding a contract up to $175,000 to Telstar Instruments of Concord, California to complete the installation.
BACKGROUND AND DISCUSSION
In April 2022, the sanitary sewer line near the Coast Guard Station located on Harbor Way, in the City of Vallejo, overflowed. City staff quickly responded to the emergency by vacuuming the impacted line to clear the sewage. No sewage entered the waterway, and the sewage line continues to be vacuumed on a regular basis.
Staff notified Vallejo Flood and Wastewater District (VFWD) of the incident and requested assistance.
However, VFWD maintains the lateral sewage line is on private City property, and therefore, maintenance and repairs are the responsibility of the City. Because the project is urgent, staff is asking the City Council to authorize the contemplated work. Staff will continue to work with the VFWD to clarify responsibility and reimbursement to the City, as appropriate.
Due to the hazardous nature of the situation and proximity of the sanitary sewer line to the water, and in order to ensure the safety of the public and our local waterways, it is in the best interest of the City to install a sewer pump station. Pump stations, also known as lift stations, handle wastewater fed from sewage lines that is stored in underground wet wells. Wet wells are equipped with instruments that detect wastewater levels.
When the level rises to a predetermined limit, the pump station lifts the wastewater through pressurized pipes that discharge the wastewater into the system that ultimately ends at the wastewater treatment plant. The new pump station will eliminate the potential for future sanitary sewer overflows, while also eliminating the need for routine pumping services, which is currently being completed by a local firm on a weekly basis.
Although deemed an emergency situation requiring immediate action to prevent or mitigate the loss of life, health, welfare, or property or the continued conduct of city operations or services, staff conducted due diligence and requested quotes to complete the project from multiple vendors. Telstar Instruments, the only party to respond, quoted $145,923. Staff recommend approving a contract with Telstar Instruments for an amount not to exceed
Date: September 13, 2022
Subject: ADOPT A RESOLUTION APPROVING A SHORT FORM CONTRACT WITH TELSTAR INSTRUMENTS IN THE AMOUNT OF $175,000 INCLUDING CONTINGENCY FOR
EMERGENCY WORK TO INSTALL A SEWER PUMP STATION NEAR THE MARINA
COAST GUARD STATION AND FINDING THE PROJECT EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15269(b) AND 15302(c)
$175,000. The contract price includes a contingency amount of $29,000.
The Vallejo Water Department has a City Council approved contract with Telstar Instruments in the amount of $2,807,500 for specific Water Department projects not related to this emergency action.
FISCAL IMPACT
The cost of repairs will be paid through the Capital Improvement Project PWC111: Public Building Repairs. No additional funding or increase in expenditure budget is being requested at this time. Expected expenditures are as follows:
Source Estimated Project Totals Estimated Expenditures
Fund 201 (Capital Outlay) $175,000
Emergency Work ($145,923)
Contingency ($ 29,077)
TOTALS $175,000 ($175,000)
ENVIRONMENTAL REVIEW
The City received an Abbreviated Regionwide Permit from the San Francisco Bay Conservation and Development Commission (BCDC) in April 2022, which is required to complete this type of work near waterways. This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(b) for emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. This exemption extends to repairs that require a reasonable amount of planning to address an anticipated emergency. Additionally, the project is exempt pursuant to CEQA Guidelines Section 15302(c) for the replacement or reconstruction of an existing facility involving negligible or no expansion of capacity.
ATTACHMENTS
1. Reso Approving Contract with Telstar Instruments for Emergency Sewer Line work_CAO Stamp
2. Sewer Pump Station Marina Coast Guard Station FY22-23 PW Short Form Const Contract_CAO Stamp (1)
3. GIS exhibit with Sewer
4. Aerial with Existing Sewer- Sardine Can
5. Assessor's Parcel Page
CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]
RESOLUTION NO. 22-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SHORT FORM CONTRACT WITH TELSTAR INSTRUMENTS IN THE AMOUNT OF $175,000 INCLUDING CONTINGENCY
FOR EMERGENCY WORK TO INSTALL A SEWER PUMP STATION NEAR THE MARINA COAST GUARD
STATION AND FINDING THE PROJECT EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15269(b) AND 15302(c)
WHEREAS, in April 2022, the sanitary sewer line near the Coast Guard Station located on Harbor Way, in the City of Vallejo, was in need of emergency repairs. Staff notified Vallejo Flood and Wastewater District (VFWD) of the situation, however, VFWD took the position that it was not responsible for repairs to this portion of their sewer system. City staff provided emergency response efforts and proceeded to evaluate what additional work needed to be done; and
WHEREAS, due to the hazardous nature of the situation, and in order to ensure the continued safety of the public and nearby waterways, it was determined a sewer pump station must be installed to prevent sanitary sewer overflows; and
WHEREAS, pump stations automatically lift wastewater that is fed from sewage lines through pressurized pipes and into the main sewer line when levels rise to predetermined limits; and WHEREAS, the pump station will eliminate the need of routine pumping services performed by contractors, and eliminate the potential for sanitary sewer overflows; and WHEREAS, quotes for the installation work were requested in late Fiscal Year 2021-22 and Telstar Instruments was the only party to submit a proposal; and WHEREAS, because the project is urgent, staff is asking the City Council to authorize the contemplated work. Staff will continue to work with the VFWD to clarify responsibility and reimbursement to the City, as appropriate; and
WHEREAS, the Vallejo Water Department has a City Council approved contract with Telstar Instruments in the amount of $2,807,500 for Water Department projects not related to this action.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that:
1. The installation of the sewer pump station is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(b) for emergency repairs to publicly or privately owned serviced facilities necessary to maintain service essential to the public health, safety or welfare.
This exemption extends to repairs that require a reasonable amount of planning to address an anticipated emergency. Additionally, the project is exempt pursuant to CEQA Guidelines Section 15302(c) for the replacement or reconstruction of an existing facility involving negligible or no expansion of capacity.
BE IT FURTHER RESOLVED, that the City Council hereby approves the short form contract with Telstar Instruments for an amount not to exceed $175,000, including contingency, for the emergency installation of a pump station near the Marina Coast Guard Station on Harbor Way, Vallejo, California, and authorizes the City Manager or his designee to execute same.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 13, 2022, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
City of Vallejo – Short Form Contract Page 1 of 49
NEW SEWER PUMP STATION- MARINA COAST GUARD STATION
PWC111
VALLEJO, CALIFORNIA
SHORT FORM CONTRACT
THIS CONTRACT, made and entered into this ____ day of ____, 2022 between City of Vallejo, a municipal corporation, hereinafter referred to as City, and Telstar Instruments, a California corporation, hereinafter referred to as Contractor;
WITNESSETH:
WHEREAS, following an overflow of the sanitary sewer line near the Coast Guard Station located on Harbor Way in April 2022, City staff determined it was in the City’s best interest to install a sewer pump station at this location to ensure the safety of the public and the local waterways; and WHEREAS, although deemed an emergency situation requiring immediate action to prevent or mitigate the loss of life, health, welfare, or property, the City requested proposals from qualified contractors for sewer improvements to the existing sewer system; and
WHEREAS, Contractor in response to such request, submitted to the City a Proposal to perform said sewer improvements, including a sewer pump station.
NOW THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
The work to be done includes: In accordance with the Drawings and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the Sewer Pump Station- Marina Coast Guard Station. The work includes but is not limited to: Installation of a wet well over an existing 6-inch sewer line, two duplex effluent grinder pumps, 2-inch force main, control panel, along with all of the wiring and programming necessary for the system to function properly. Capital improvements shall include but are not limited to demolition, and all ancillary work associated with the work, completed in place as identified within the Contractor's Proposal.
The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown in the Proposal and specified herein and as provided for and set forth in the Contract Documents which hereby referred to by such reference, incorporated herein, and made a part of this Contract.
The following documents shall constitute the Contract Documents:
City of Vallejo – Short Form Contract Page 2 of 49
(a) This Contract and the exhibits thereto;
(b) Drawings;
(c) Specifications and Special Provisions;
(f) Approved Change Orders;
(e) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(f) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(g) Any other documents identified as such in the Contract Documents.
2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents.
Contractor agrees to receive and accept the prices set forth in the Contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents.
By my signature as Contractor, I certify that I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The City of Vallejo – Short Form Contract Page 3 of 49
provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full, and shall govern the substitution of securities and/or escrow account.
The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor. [SIGNATURES ON FOLLOWING PAGE]
City of Vallejo – Short Form Contract Page 4 of 49
IN WITNESS WHEREOF, City and Contractor have caused this Contract to be signed as of the day and year first above written.
TELSTAR INSTRUMENTS,
A California corporation
By:
Title: ____________________________
Date: ____________________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone, City Manager
Date: ____________________________
Attest:
By:
Dawn G. Abrahamson, City Clerk
Approved as to Content:
By:
Melissa L. Tigbao, Public Works Director
Approved as to Form:
By:
Veronica A.F. Nebb, City Attorney
Approved as to Insurance:
By:
Armond Sarkis, Risk Manager
City of Vallejo – Short Form Contract Page 5 of 49
CITY OF VALLEJO
SHORT FORM GENERAL CONDITIONS
1. BASIC DEFINITIONS:
A. "Bidder" means the person or entity that submits a bid to the City.
B. "Change Order" shall refer to a written agreement on the City’s form, modifying the Contract. The Contract may not be modified, and the Contract Sum or Contract Time may not be increased, excepting by Change Order, excepting that if Exhibit B-Cost of the Work, sets forth unit quantity prices in contrast to a single lump-sum price, then the Contract Sum may be increased or decreased by the City directing the Contractor to perform more or less units of work.
C. "Construction Change Directive" (C.C.D.) shall refer to a written directive, signed by City, directing Contractor to perform and/or omit certain work as specified within the Construction Change Directive. The Contractor shall promptly comply with the Construction Change Directive and promptly perform and/or omit the work specified in the Construction Change Directive.
D. "Contract Sum" means the total compensation specified in Exhibit B-Cost of the Work, to be paid to Contractor.
E. "Contract Time" means the number of days set forth in the Notice of Invitation for Informal Bids within which the full completion of all of Contractor's work must be achieved.
F. The term "Contractor" means the person or firm identified as such in the Contract, or its authorized representative.
G. The term "day" means calendar day unless otherwise specified.
H. The term "City" or “Owner” means the City of Vallejo.
2. Intentionally deleted.
3. TESTING AND EXAMINATION OF THE SITE OF WORK AND THE CONTRACT DOCUMENTS: Testing or investigations of subsurface conditions or any other conditions by the City or its agents, are made for the purpose of design, and the City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of testing or investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unanticipated conditions may not occur. When reports of testing or investigation is made available to Bidders or Contractor or included in the Contract Documents, it is expressly understood and agreed that said reports do not constitute a part of the Contract, and represents only an opinion of the City as to the character of the materials to be encountered, and is made available or included in the Contract Documents only for the convenience of the Bidders. Bidders must satisfy themselves, through their own testing and investigation, as to conditions to be encountered.
In the performance of other public works projects, the City has encountered numerous site conditions including but not limited to contaminated materials, hazardous materials, ground water, unstable soils, unstable fills, abnormally hard/soft subsurface conditions, asbestos, lead paint, hydrocarbons, archeological sites, human remains, existing or abandoned utilities, and others, any or all of which the parties to this Contract contemplate may be found on the site of the project.
Prior to submitting a bid proposal, each Bidder and subcontractor regardless of tier, shall completely investigate and test the site of the work and completely examine the Contract City of Vallejo – Short Form Contract Page 6 of 49
Documents, and shall satisfy itself as to all aspects of the work, requirements of the project and character, quality, and quantity of the surface and subsurface materials or obstacles to be encountered in its work. If a Bidder or subcontractor needs additional time to complete its investigation and testing of the site or other pre-bid obligations set forth in these Contract Documents, they must notify the City in writing, via certified or registered mail, no less than ten work days before the bid opening date, to request additional time. The written request must include an estimate of the amount of additional time required. The submission of a Bid Form shall be conclusive evidence that: The Bidder and each subcontractor regardless of tier has satisfied itself through its own examination, investigation and testing as to the conditions to be encountered; the character, quality, and scope of work to be performed; the materials and equipment to be furnished; and that the Bidder’s proposal and the Contract Sum includes full compensation for the acceptance of the risk of differing site conditions and all conditions that may be encountered by Contractor.
Bidders, Contractor and all subcontractors, regardless of tier, shall immediately inform the City in writing of any errors or omissions discovered in the Contract Documents.
4. DIFFERING SITE CONDITIONS: After award of the Contract, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing, of any:
(a) Material that the contractor believes may be material that is hazardous waste, defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
5. PAYMENT AND PERFORMANCE BONDS: Within ten (10) days of Contractor's receipt of Contract from City, the Contractor shall furnish corporate surety bonds to the benefit of the City, on the forms provided by City, issued by a surety company acceptable to the City and authorized and admitted to do business in the State of California, as follows:
City of Vallejo – Short Form Contract Page 7 of 49
A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
B. Payment Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract Documents. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
6. INSURANCE: Insurance shall conform to the following requirements: The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, employees or subcontractors. Such insurance shall not be construed to relieve the Contractor of any liability in excess of such coverage. The cost of such insurance shall be included in the Contractor's bid.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office from number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for bodily City of Vallejo – Short Form Contract Page 8 of 49
injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self - Insured Retention
Any deductibles or self - insured retention must be declared to and accepted by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverage
a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subcontractors.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subcontractors shall be excess of the Contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subcontractors. d. The Contractor's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
City of Vallejo – Short Form Contract Page 9 of 49
2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City and the Engineer, its officers, directors, employees and subcontractors.
3. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A.
F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
G. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
H. Builder's Risk Insurance
The Contractor shall effect and maintain in the name of the Contractor and the City, "All Risk" Builders Risk Insurance upon the entire work of this contract to 100% of replacement cost valuation thereof, including items of labor and materials in place including surplus miscellaneous materials and supplies incident to the work, and such scaffolding, staging, towers, forms, and equipment as are not owned or rented by the Contractor, the cost of which is not included in the cost of the work.
I. Exclusions
This insurance does not cover tools owned by mechanics, any tools, equipment, scaffolding, staging, towers, and forms rented or owned by the Contractor, the capital value of which is not included in the cost of the work or any shanties or other structures erected for the sole convenience of the workers.
City of Vallejo – Short Form Contract Page 10 of 49
7. INTENT OF DRAWINGS AND SPECIFICATIONS: It is the intent of the Contract that the Contractor’s work performed under the Contract shall result in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed Contractor for anything omitted but fairly implied. The prices paid to Contractor for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. All workmanship and materials shall be to the highest possible standards.
The specifications and drawings (if any) are intended to be explanatory of each other. Any work shown on the drawings, and not in the specifications, or vice versa, is to be treated as if indicated in both. In the case of conflict or inconsistency, the Supplemental Conditions (if any) shall control over the General Conditions, and the specifications shall control over the drawings. Figured dimensions shall control over scaled measurements. In all cases, the more costly or expensive interpretation is deemed to control and be the interpretation incorporated into the Contract Documents and Contract Sum. Exhibit B, Cost Of The Work shall control over the Bid Sheet.
Contractor is responsible for design of systems and fabrications needed to meet performance criterion described in the Contract Documents. Design by Contractor may include but is not limited to, concrete form work, casework joinery, framing, fire sprinkler systems, and mechanical, plumbing and electrical systems represented diagrammatically on the drawings. Design shall be governed by descriptive criterion specified for each item. Contractor shall also assume responsibility for temporary structures used to implement construction such as shoring and scaffolding.
8. CONFORMANCE WITH CODES AND STANDARDS: All of Contractor’s work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans With Disabilities Act; and all other applicable present and future codes, laws, or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify City in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract Sum is based upon the more costly or expensive standard of the two.
9. PERSONAL ATTENTION AND SUPERINTENDENCE: The Contractor shall give Contractor's personal attention to, and shall supervise the work to the end that it shall be faithfully prosecuted.
Contractor shall keep on the work at all times throughout its progress, a competent superintendent who shall represent the Contractor in Contractor's absence, and shall have complete authority to represent and act for the Contractor. Whenever the Contractor or Contractor's superintendent is not present on a particular part of the work, the City may stop the work until the Contractor or Contractor's superintendent arrives.
10. BEGINNING OF WORK: The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation, bonds and certificates of insurance. If Contractor has not provided City with all documents required by these Contract Documents as of the date of the City of Vallejo – Short Form Contract Page 11 of 49
City’s written notice to proceed, Contractor shall not be allowed on the site of the work or allowed to start work. The Contract Time shall begin on the date of the City’s written notice to proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City with all documentation required by these Contract Documents.
11. RESPONSIBILITY FOR ACCURACY: The Contractor shall obtain all necessary measurements for and from the work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work, the accuracy for all of which Contractor shall be responsible. Each subcontractor shall adjust, correct, and coordinate Contractor's work with the work of others so that no discrepancies will result in the whole work. Contractor is responsible for verifying that all information and data contained and set forth in all of Contractor's submittals that may be required by the Contract Documents, strictly comply in all respects with the Contract Documents.
12. INSPECTION: All work done and all materials and equipment furnished under this Contract shall be subject to inspection and acceptance of the City, who shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility and assistance for ascertaining that the materials and workmanship are in accordance with the requirements and intent of the Contract Documents. Any work constructed without inspection as provided above, except with the specific written consent of the City, must, if requested by the City, be uncovered for examination and properly restored at the Contractor's expense.
The inspection of the work by City, the City's inspector(s), an architect, engineer or their consultants, or anyone else, does not relieve the Contractor of any of Contractor's obligation to fulfill the Contract as prescribed. Any work, materials, or equipment not meeting the requirements of the Contract Documents shall be rejected, and unsuitable work or materials shall be made good, notwithstanding the fact that such work or materials may have previously been inspected or accepted and payment therefor may have been made. If nonconforming work, materials, or equipment not meeting the requirements of the Contract Documents is discovered, and the Contractor fails to remedy the nonconforming work, materials, or equipment, or the City agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to pay City a sum equal to the cost to remedy the nonconforming work, materials, or equipment.
It is expressly understood and agreed that the City will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City's recovery from Contractor the full and complete cost and expense of correcting nonconforming work, materials, or equipment.
Re-examination of any work may be ordered by the City, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.
Neither the inspection by an inspector, the City or its agents, nor any measurement, approved modification, accepted submittal, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City or its agents, operate as a waiver of any provisions of the Contract Documents or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of the Contract Documents be held to be a waiver of any subsequent or other breach.
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The Contractor shall, upon request and without delay, remove from the site of the work, all rejected or condemned materials of any kind brought to, or incorporated in, the work. No such rejected or condemned materials shall again be offered for use in any work under the Contract.
All work which has been rejected shall be remedied, or removed and replaced, by the Contractor in an acceptable manner at Contractor's expense. Upon failure of the Contractor to comply within forty-eight (48) hours with any written order of the City made under this Section, or to make satisfactory progress in so doing, the City may cause such rejected materials to be removed, or such rejected work to be remedied, or removed and replaced, and Contractor shall pay City for doing so.
13. USE OF COMPLETED PORTIONS: The City shall have the right at any time to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.
14. MEANS AND METHODS: City will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility, unless otherwise required by the Contract Documents.
15. LIQUIDATED DAMAGES FOR DELAY: It is agreed by the parties to this Contract that time is of the essence to the performance of this Contract by Contractor, and that in case all work called for under in the Contract Documents is not completed in all respects and requirements within the time called for in the Contract Documents, plus any agreed upon written extensions of time, damage will be sustained by the City, and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and the Contractor agrees that the sum set forth in the Contract Documents as Liquidated Damages is a reasonable amount to be charged as Liquidated Damages; and it is therefore agreed that the Contractor will pay to the City the sum set forth as Liquidated Damages for each and every calendar days delay beyond the time prescribed; and the Contractor further agrees that the City may deduct and retain the amount thereof from any monies due the Contractor under the Contract.
16. CHANGES IN THE WORK: The City reserves the right to make changes to the work. Changes in the work made by the City may or may not involve a change to the Contract Sum or the Contract Time. Changes in the work by City may only be made in a writing signed by a representative of the City authorized to make the specific change identified in the writing.
17. PAYMENTS: See Exhibit B – Compensation.
18. COST AND PRICING DATA: All cost and pricing data submitted by the Contractor to the City with respect to any change, prospective or completed, or any claim for extra compensation shall be a true, complete, accurate, and current representation of actual cost and pricing of the work.
19. PROCEED WITH WORK: Notwithstanding the making of any claim or the existence of any dispute between Contractor and City, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.
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20. ACCESS TO RECORDS: The City, or their authorized representatives, shall have unconditional access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any Change Order, prospective or completed, or any claim for which additional compensation has been requested. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City's cost.
21. DISMISSAL OF UNSATISFACTORY EMPLOYEES AND SUBCONTRACTS: If any person employed by the Contractor, or any subcontractor, shall fail or refuse to carry out the directions of the City; or, in the opinion of the City, is incompetent, unfaithful, intemperate, or disorderly; uses threatening or abusive language to any person representing the City on the work; or is otherwise unsatisfactory, he or she shall be removed from the work immediately, and shall not again be employed on the work. When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the City, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
22. TEMPORARY SUSPENSION OF WORK: The City shall have the authority to suspend the work wholly or in part for such period as it may deem necessary, due to unsuitable weather, or to any other conditions it considers unfavorable for the suitable prosecution of the work, or for such time as it may deem necessary, due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Contract, or for any other reason. The Contractor shall immediately comply with such written order of the City to suspend the work wholly or in part. The suspended work shall be resumed only when conditions are favorable or methods are corrected, as ordered or approved in writing by the City. Except as may be provided elsewhere in the Contract Documents, Contractor shall not be entitled to any damages or compensation on account of such suspension or delay.
The City reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit, which shall be full compensation to the Contractor and all subcontractors regardless of tier, and material suppliers, for any and all damages arising from City’s termination.
23. CLEANING UP: Throughout the construction period, the Contractor shall keep the site of the work in a presentable condition, dispose of any surplus materials, clean out all drainage ditches and structures, and repair any fences or other property damaged during the progress of the work, to the satisfaction of the City. Upon completion of the work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the work of all rubbish, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition.
The final inspection may not be made until this has been accomplished. If Contractor fails or City of Vallejo – Short Form Contract Page 14 of 49
refuses to fulfill these obligations to the City's satisfaction, City may, at its option, undertake these obligations, and withhold the cost of performing these obligations, plus an additional fee of twenty-five percent (25%) for administrative costs, from payments to Contractor.
24. COMPLIANCE WITH LAWS AND REGULATIONS: The Contract Sum includes full compensation to Contractor for compliance with all current and future laws, rules, regulations, orders or decrees, affecting the work and Contractor’s performance thereof. The Contractor shall keep itself fully informed of, and shall observe and comply with, and shall cause any and all persons, firms, or corporations employed by Contractor or under it, to observe and comply with all State and national laws, and County and municipal ordinances, regulations, orders, and decrees which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. Particular attention is called to the following:
A. HOURS OF LABOR - Eight hours of labor shall constitute a legal days' work, and the Contractor or any subcontractor under it, in the performance of the Contract, shall not require more than eight hours of labor in any calendar day, and forty hours of labor in any calendar week, from any person employed by Contractor in the performance of the work under this Contract, except as permitted under the provisions of section 1815 of the Labor Code of the State of California. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each workman employed by Contractor or any subcontractor under Contractor in the performance of the Contract for each calendar day during which any workman is required or permitted to labor more than eight hours and for each calendar week during which any workman is required or permitted to labor more than forty hours, in violation of the provisions of such Labor Code.
B. PREVAILING WAGE - Pursuant to section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.
The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the Contract by Contractor or by any subcontractor under it, in violation of the provisions of such Labor Code.
C. LABOR DISCRIMINATION - Contractor shall comply with Section 1735 of the Labor Code of the State of California, which prohibits discrimination in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons.
D. APPRENTICES - Attention is directed to section 1777.5 of the Labor Code of the State of California concerning employment of apprentices, and the Contractor is required to comply with the provisions of said section.
E. TRAVEL AND SUBSISTENCE PAYMENTS - Attention is directed to the requirements of section 1773.8 of the Labor Code of the State of California. The Contractor shall make travel and subsistence payments to each workman needed to complete the work in accordance with the requirements in said section 1773.8.
F. WORKERS' COMPENSATION - Pursuant to the requirements of section 1860 of the City of Vallejo – Short Form Contract Page 15 of 49
Labor Code, the Contractor is required to secure the payment of Workers' Compensation to Contractor's employees in accordance with the provisions of section 3700 of the Labor Code.
By signing the Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation, or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Said certification is included in the Contract, and signature and return of the Contract as provided in Paragraph 16 of these General Conditions, "Signing of Contract," shall constitute signing and filing of the said certificate.
G. Intentionally deleted.
H. PAYROLL RECORDS - Attention is directed to the requirements in Labor Code section 1776, a portion of which is quoted below. Regulations implementing Labor Code section 1776 are located in sections 16016 through 16019 and sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number.
A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. In addition, a certified copy of all payroll records City of Vallejo – Short Form Contract Page 16 of 49
enumerated in subdivision (a) shall be furnished by the Contractor to the City in a format acceptable to City.
3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.
F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."
H. The penalties specified in subdivision (g) of Labor Code section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen.
The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than City of Vallejo – Short Form Contract Page 17 of 49
those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
If by the 15th of the month, the Contractor has not submitted payrolls for itself and all subcontractors, in full compliance with all requirements of the Labor Code and these Contract Documents, for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract.
REPORTING REQUIREMENTS AND SANCTIONS - Failure to deliver to City specific information, records, reports, certifications, or any other documents required for compliance with these Contract Documents shall be considered noncompliance.
Contractors found by the City to be in noncompliance are to be advised of the specific deficiencies and urged to make immediate corrections. They should also be advised that monetary deductions may be made for failure to effect corrections or delinquencies.
25. RESPONSIBILITY OF THE CONTRACTOR: The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary, or proper for performing and completing the work herein required within the time specified.
26. INDEMNIFICATION: To the maximum extent allowed by law, Contractor shall defend, indemnify, and save harmless City (including its inspectors, project managers, trustees, officers, agents, members, employees, volunteers, affiliates, consultants, subconsultants, and representatives), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever arising out of, or in connection with, Contractor's operations to be performed under this Contract, including, but not limited to:
A. Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, any employees or agents of Contractor, City, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of Contractor, Contractor’s subcontractors or material suppliers, City, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;
B. Penalties threatened, sought, or imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Contractor;
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C. Alleged infringement of any patent rights which may be brought arising out of Contractor's work;
D. Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens; E. Contractor's failure to fulfill any of the covenants set forth in these Contract Documents; and
F. Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.
The indemnities set forth in these Contract Documents shall not be limited by the insurance requirements set forth in these Contract Documents and shall survive any termination of this Contract or Contractor’s loss of control over the work.
Contractor's indemnification of City will not include indemnification for claims which arise as the result of the active negligence of City, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons.
27. PERMITS AND LICENSES: The Contractor shall procure all permits and licenses necessary for the normal conduct of its business and construction operations, and all costs associated therewith shall be paid by Contractor.
The Environmental Quality Act of 1970 may be applicable to permits, licenses, and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses, and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses, or other authorizations applicable to the work in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations.
28. PROTECTION OF WORKERS: The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and any other governing body having jurisdiction over the work. The Contractor shall immediately replace or repair any unsafe ladder, scaffolding, shoring, or bracing, or correct any other dangerous or hazardous situation that may exist. Failure of the City to suspend the work or notify the Contractor of the inadequacy of the safety precautions or noncompliance with the law shall not relieve the Contractor of this responsibility.
The Contractor is warned that when the work involves existing sewers and appurtenances that have been exposed to sewage and industrial wastes, these facilities shall be considered contaminated with disease-causing organisms. Personnel in contact with contaminated facilities, debris, waste water, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility City of Vallejo – Short Form Contract Page 19 of 49
to urge his/her personnel to observe a strict regimen of proper hygienic precautions, including any inoculations recommended by the local public health officer.
Because of the potential danger of solvents, gasoline, and other hazardous material in the existing sewers and storm drain pipes, these areas shall be considered hazardous. The Contractor shall be aware of these dangers and shall comply with Article 108, "Confined Spaces," of the General Industrial Safety Orders contained in Title 8 of the California Administrative Code.
In the event that this Contract requires the excavation of any trench or trenches in excess of five feet in depth, Contractor shall prepare a detailed design 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 trenches. Said detailed design plan and subsequent excavating operations shall fully comply with all local, state and federal regulations including, but not limited to, the Construction Safety Orders, section 1539, Permits and section 1540 et seq., Excavation.
29. PROTECTION OF MATERIALS AND EQUIPMENT: The Contractor shall protect all of the work, materials, and equipment from damage due to the nature of the work, the action of the elements, trespassers, or other causes until the project is accepted by the City. The Contractor shall properly store materials and equipment, and erect such temporary structures as are required to protect them from damage, including, but not limited to, construction fencing.
30. SANITARY PROVISIONS: The necessary sanitary conveniences for the use of the workers on the project, properly obscured from public observance, shall be furnished and maintained by the Contractor.
31. EXISTING UTILITIES: Contractor is solely responsible for determining the actual location of all utilities on the site of the work or that may be affected by Contractor’s operations or the work, before Contractor begins its operations on the project, which risk and cost the Contractor included in its proposal and is included in the Contract Sum. Contractor agrees that its failure to determine the actual location of all utilities on the site of the work before it begins its operations on the project is a breach of this Contract and constitutes a failure by the Contractor to exercise reasonable care.
It is recognized by the Contractor that the location of existing utility facilities as shown on Contract drawings and specifications (if any) are approximate, may be incomplete and their exact location is unknown. There may be additional utilities existing on the property unknown to City. Location of utilities as shown on drawings and specifications represent information obtainable from utility maps and other information furnished by the various agencies involved.
The City warrants neither the accuracy nor the extent of actual installations as shown on the drawings and specifications. Because of this uncertainty, it may become necessary for the City to make adjustments in the line or grade of sewers or storm drains. Installation of such adjusted lines shall be made at the regular unit price bid for the work, and no additional compensation will be paid therefore, unless the scope and character of the work has been changed.
The Contractor shall coordinate and fully cooperate with the City and utility owners for the location, relocation, and protection of utilities. The Contractor's attention is directed to the existence of utilities, underground and overhead, necessary for normal house and commercial service for all buildings along the line of work. The Contractor shall make arrangements with City of Vallejo – Short Form Contract Page 20 of 49
utility owners for the location of house and commercial services lines in advance of the actual construction and for the relocation of such facilities, if necessary, by the utility owner or the Contractor.
In accordance with section 4215 of the Government Code of the State of California, the City shall make provisions to compensate the Contractor for the costs of repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating main and trunk line utility facilities not indicated in the drawings and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. In the event the Contractor discovers utilities not identified in the Contract Documents, the Contractor shall immediately notify the City and the utility owner by the most expeditious means available and later confirm in writing.
32. COOPERATION WITH OTHERS: The City or adjacent property owners may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City in all operations which coincide with other work being performed, and provide City with such scheduling and other information as may be required by City to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.
Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City, causing delays or hindrance to each other, shall be referred to the City for resolution.
If the work of the Contractor is delayed because of any acts or omissions of any other forces or contractor, the Contractor shall on that account have no claim against the City other than for an extension of time.
33. POLLUTION CONTROL: The Contractor shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Section 11017 of the California Government Code. Unless otherwise provided in the Contract Documents, material to be disposed of shall not be burned.
The Contractor shall comply with all rules, regulations, ordinances, and statues which apply to water pollution, including but not limited to, erosion control and Section 7-1.G of the State specifications.
34. SOUND CONTROL REQUIREMENTS: The Contractor shall comply with all sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.
35. WEEKEND, HOLIDAY, AND NIGHT WORK: No work shall be done between the hours of 7:00PM and 7:00AM, or on Saturdays, Sundays or legal holidays, except with written permission of the City. Requests to work between 7:00PM and 7:00AM, or on Sundays or legal holidays, must be submitted in writing at least two work days in advance of the intended work. In case of an emergency, the Contractor will be allowed to work at night or on Sundays or legal holidays, but must notify the City in writing immediately. An emergency shall be considered an unforeseen City of Vallejo – Short Form Contract Page 21 of 49
event that poses a danger to the public or to the uncompleted work.
It is understood, however, that two or three shift operations may be established as a regular procedure by the Contractor if Contractor first obtains written permission from the City. Such permission may be revoked by the City at any time, without cause, or if the Contractor fails to maintain adequate force and equipment for reasonable prosecution and to justify inspection of the work, or fails to provide sufficient artificial light to permit the work to be carried on properly and safely and to permit proper inspection.
Contractor shall reimburse City for all costs and expenses incurred by either, including but not limited to, overtime pay, when Contractor works more than one eight hour shift each day, or works on weekends or holidays.
36. OVERLOADING: The Contractor shall determine safe loading capacities and shall not overload any structure beyond its safe capacity during construction. In addition to assuming full responsibility for all property damage and bodily injury resulting from any such overloading, the Contractor shall repair to the City's satisfaction or reimburse the City for the costs of repairing damage resulting therefrom.
37. GUARANTEE: Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense. The City may make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City, delay would cause serious loss or damages, or a hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior notice to the Contractor or surety, and the Contractor shall pay the entire costs thereof.
38. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to section 4552 of the Government Code of the State of California, the following provisions shall be a part of this Contract:
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15), or under 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 public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment by the parties.
39. MATERIALS OR EQUIPMENT SPECIFIED BY NAME: When any materials or equipment is indicated or specified by patent or proprietary name or by the name and catalogue number of the manufacturer, it shall be considered as used for convenience in describing the material or equipment desired. The use of an alternative material or equipment which is of equal quality and of the required characteristics for the purpose intended may be permitted. Request for such substitution shall be made in writing by the Contractor within ten (10) days of the Notice to Proceed. Failure by the Contractor to request substitution within ten (10) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed City of Vallejo – Short Form Contract Page 22 of 49
in the Contract Documents and Contractor agrees no other materials or equipment other than that listed in the Contract Documents shall be incorporated into any submittal or the project.
40. MISCELLANEOUS PROVISIONS: This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City, in the same manner as if such parties had been expressly named herein.
Neither the City, nor its’ officers, employees, agents, or representatives of the City, nor any of them, shall be responsible for any liability arising under this Contract, except such obligations as are specifically set forth herein.
The right of general supervision shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
This Contract shall be governed by the laws of the State of California. If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Contract constitutes the full and complete agreement of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof.
No amendment, modification or waiver of any of the terms of this Contract is valid unless contained in a written Change Order, signed by both parties, expressly agreeing to such amendment, modification or waiver.
Contractor hereby assigns to City all its first-tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City in writing, and only as to those subcontracts which City designates in writing.
Such assignment is part of the consideration to City for entering into the Contract with Contractor, and may not be withdrawn.
PUBLIC CONTRACT CODE SECTION 9204: Said provisions are incorporated herein by reference as though set forth in full.
PUBLIC CONTRACT CODE SECTION 20104, ET SEQ. AND 20104.5, ET SEQ.: Said provisions are incorporated herein by reference as though set forth in full.
City of Vallejo – Short Form Contract Page 23 of 49
Bond Number: _____________
Premium: _________________
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that , as “CONTRACTOR” and , a corporation duly organized and doing business under and by virtue of the law of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings, as “SURETY,” are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, as “OWNER,” in the sum of _____________________________ ($ __________), which is one hundred percent (100%) of the total contract amount for the project stated below, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THAT WHEREAS, the CONTRACTOR has entered into a contract with OWNER for the construction of:
NEW SEWER PUMP STATION- MARINA COAST GUARD STATION
PWC111
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that whereas CONTRACTOR has been awarded and is about to enter into a contract with OWNER to perform all work required pursuant to the contract documents for the project, which Contract is by this reference incorporated herein, and is required by OWNER to give this Bond in connection with the execution of the Contract.
NOW, THEREFORE, if CONTRACTOR and its Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on its part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.
PROVIDED, FURTHER, that SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. SURETY hereby waives notice of any such change, extension, alteration, or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies OWNER may have.
In the event suit is brought upon this Bond by OWNER and judgment is recovered, said SURETY shall pay all costs incurred by OWNER in such suit, including reasonable attorneys’ fees to be fixed by the Court.
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of , 20 .
CONTRACTOR* ___________________________________________ City of Vallejo – Short Form Contract Page 24 of 49
SURETY Attorney-in-Fact*
*NOTES:
1. Provide CONTRACTOR and SURETY name, address, and telephone number and the name, title, address, and telephone number for the respective authorized representatives.
2. Power of Attorney must be attached.
3. Signatures of those executing for the Contractor and Surety must be properly acknowledged. (EXECUTE IN DUPLICATE)
APPROVED AS TO FORM:
By:
Laura Zagaroli, City Attorney
(SEAL)
Principal
Signature for Principal
Title of Signatory
(SEAL) Surety
City of Vallejo – Short Form Contract Page 25 of 49
Signature of Surety
Title of Signatory
(The signature of the Attorney-In-Fact for the Surety must be acknowledged by a Notary Public, and this bond must be accompanied by a current Power of Attorney appointing such Attorney-In-Fact. This bond must be submitted in sets of four, each bearing original signatures.) City of Vallejo – Short Form Contract
Bond Number: ___________________
Premium: _______________________
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS the City of Vallejo, State of California, hereinafter designated as the "Obligee," has on ______________________, awarded to Telstar Instruments, Inc., hereinafter designated as the "Principal," a contract for the construction of a New Sewer Pump Station (PWC111), and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall 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 done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We, , the
Principal, and as Surety, are held and
firmly bound unto the Obligee in the penal sum of _______________________ Dollars ($________________) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, or any of his or its subcontractors, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or any amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department of the State of California, from the wages of employees of the Principal and subcontractors pursuant to section 13020 of the Unemployment Insurance Code of the State of California with respect to such work or labor, as required by the provisions of section 3225 and following of the Civil Code of the State of California, then said Surety will pay the same in, or to an amount not exceeding the amount, hereinabove set forth, and also will pay, in case suit is brought upon this bond, reasonable attorneys' fees to such claimant and to the Obligee as shall be fixed by the Court.
This bond is issued pursuant to Civil Code sections 3247 through 3252, inclusive, of the State of California, and shall inure to the benefit of any and all persons, companies, and corporations named in section 3181 of said Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or the specifications accompanying the same 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, or to the work or to the specifications. Said Surety hereby waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
City of Vallejo – Short Form Contract
IN WITNESS WHEREOF, the above bounden parties have signed this instrument under their seals this _____________ day of _______________, 2021, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. *NOTES:
1. Provide CONTRACTOR and SURETY name, address, and telephone number and the name, title, address and telephone number for the respective authorized representatives.
2. Power of Attorney must be attached.
3. Signatures of those executing for the Contractor and Surety must be properly acknowledged.
(EXECUTE IN DUPLICATE)
APPROVED AS TO FORM:
By:
Veronica A. F. Nebb, City Attorney
(SEAL)
Principal
Signature for Principal
Title of Signatory
(SEAL) Surety
City of Vallejo – Short Form Contract
Signature of Surety
Title of Signatory
(The signature of the Attorney-In-Fact for the Surety must be acknowledged by a Notary Public, and this bond must be accompanied by a current Power of Attorney appointing such Attorney-In-Fact. This bond must be submitted in sets of four, each bearing original signatures.)
City of Vallejo – Short Form Contract
Bond Number: ___________________
Premium: _______________________
BOND FOR LABOR AND MATERIALS
WHEREAS, the City of Vallejo as OWNER has awarded to _________________________, as CONTRACTOR a contract for the work described as follows:
NEW SEWER PUMP STATION- MARINA COAST GUARD STATION
PWC111
AND, WHEREAS, CONTRACTOR is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto OWNER and STATE OF CALIFORNIA in the sum of
_____________________________________________ Dollars ($_______________), which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly these presents.
THE CONDITIONS of this obligation are such, that if CONTRACTOR, its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons authorized under Civil Code Section 9100 to assert a claim, or amounts due under the Unemployment Insurance Code with respect to work or labor performed, or amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor under Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the SURETY herein will pay for the same, in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and OWNER and STATE OF CALIFORNIA in an amount to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Any such right of action shall be subject to the provisions of Civil Code Sections 8608 and 9566.
PROVIDED, FURTHER, that SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies OWNER and STATE of CALIFORNIA may have.
PROVIDED, FURTHER, that SURETY covenants that is an Admitted Surety Insurer in the State of California as defined by California Code of Civil Procedure Section 995.120.
City of Vallejo – Short Form Contract
IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals this day of , 20 .
CONTRACTOR* ___________________________________________ SURETY Attorney-in-Fact*
*NOTES:
4. Provide CONTRACTOR and SURETY name, address, and telephone number and the name, title, address and telephone number for the respective authorized representatives.
5. Power of Attorney must be attached.
6. Signatures of those executing for the Contractor and Surety must be properly acknowledged.
(EXECUTE IN DUPLICATE)
APPROVED AS TO FORM:
By:
Veronica A. F. Nebb, City Attorney
(SEAL)
Principal
Signature for Principal
City of Vallejo – Short Form Contract
Title of Signatory
(SEAL) Surety
Signature of Surety
Title of Signatory
(The signature of the Attorney-In-Fact for the Surety must be acknowledged by a Notary Public, and this bond must be accompanied by a current Power of Attorney appointing such Attorney-In-Fact. This bond must be submitted in sets of four, each bearing original signatures.)
City of Vallejo – Short Form Contract
EXHIBIT A - TECHNICAL SPECIFICATIONS
PART 1 GENERAL
Telstar Contractor Lic#422364
Telstar Contractor DIR#1000000899
Telstar Instruments is pleased to provide a quote for the referenced project. Telstar will install a new duplex wastewater pump station at the City Marina near the Coast Guard Station in Vallejo, California
For the purposes of the Telstar quotation number SR30-38436, the existing manhole inside of the Vallejo Boatworks’ fenced yard will be called Manhole 1 and the downstream manhole southwest near the boat slips will be called Manhole 2.
A. SCOPE OF WORK
1) In coordination with the City, Telstar will set up bypass pumping inside of Manhole 1, and temporarily pump to Manhole 2 during the construction period for this project.
Telstar assumes there is utility power available at the Vallejo Boatworks yard that can be utilized to power this pumping operation. Rental and fueling of a temporary generator for this bypass pumping operation is not included in this quotation. 2) Telstar will furnish and install a new 48” diameter fiberglass wet well with anti- float system on the southwest side of the fence on City property just outside of the Vallejo Boat Works yard. The wet well will be installed on top of the existing 6-inch sewer pipe running between Manhole 1 and Manhole 2 so that sewage from Manhole 1 flows to the new wet well. The new wet well will have a 48” aluminum hatch cover that is vented, hinged, and lockable.
3) Telstar will measure the invert elevation for the existing 6-inch outlet pipe of Manhole 1 and compare it to the invert elevation of inlet pipe to the new wet well. If this pipe does not have sufficient fall between Manhole 1 and the new wet well, the 6-inch pipe between the two will be replaced with a new pipe with sufficient fall. 4) Telstar will furnish and install two (2) new Homa effluent grinder pumps. These submersible pumps are rated for municipal applications. The pumps will have a 2-inch discharge port and will be installed on autocoupling brackets for each removal. The pumps will be installed on a stainless-steel rail and chain system to allow the pumps to easily be pulled out of the wet well for maintenance.
5) Telstar will furnish and install a new 2-inch diameter schedule 80 PVC forcemain between the new wet well and Manhole 2. The force main will be installed inside of the existing 6-inch pipe between the new wet well and Manhole 2. 6) Telstar will furnish and install 2-inch schedule 80 PVC discharge pipes and valves inside of the fiberglass wet well for the new Homa pumps. Valves for the duplex pumps will be installed at the top of the new wet well for easy access as needed. The pump discharge will be connected to the new 2-inch force main pipe to Manhole 2.
City of Vallejo – Short Form Contract
7) Telstar will furnish and install a new NEMA 3R duplex pump control panel with a pump controller and pump protection relays for the pumps. Telstar will mount the new control panel on strut next to the wet well.
8) Telstar will install a new submersible level transducer and two (2) backup float switches in the new wet well. Telstar will wire these instruments to the duplex control panel. 9) Telstar will furnish and install a new utility meter enclosure next to the new wet well and conduit and wire from the existing PG&E power transformer southeast of the Vallejo Boatworks building to the new meter panel next to the new wet well. Telstar will provide utility service coordination with PG&E. Telstar has included an allowance of $20,000.00 to provide this new service drop from PG&E. This allowance includes the cost of coordination with PG&E, cost of PG&E service planning engineering, and trenching and installation of the conduit and wire. This is only an allowance because of the unknown costs of working with PG&E. This cost could be more, which will require a change order. 10) Once utility power is brought to the new pump station site, Telstar will terminate utility power to the new duplex control panel. Telstar will furnish and install power and communications wiring between the duplex pump panel and the new wet well pumps and instrumentation.
11) Telstar will startup and commission the new pump station. Up to 2 hours of training will be provided to the City’s operations staff on the operation and maintenance of the pump station.
LUMP SUM PRICE FOR THIS SCOPE ABOVE $119,894.00
Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.
B. CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a) Geotechnical data has not been provided to Telstar for this project. Telstar assumes the soil conditions provide for normal excavation conditions with soil that stands and does not cave in around the excavation, and assumes the absence of boulders and rock in the excavation site. Telstar assumes groundwater levels are below the level of excavation required. Should groundwater conditions found in the field differ from these assumptions, Telstar may require additional funds. Cost of dewatering is excluded for all construction areas.
b) The yard area for the lift station will be restored to the as-found condition; no additional landscaping, drainage infrastructure, or pavement is included in this scope of services.
c) Bonding for construction of the project is excluded.
City of Vallejo – Short Form Contract
d) It is not anticipated that City and County permits will be needed for this project, and therefore the cost of coordination and fees are excluded. e) Telstar assumes that traffic control is not required during construction of the pump station.
f) SWPPP planning, reports, and compliance are excluded g) Preparation of detailed design and as-built drawings for this project are excluded. h) All labor is included at straight time, non-prevailing wage rates, overtime premium is not included.
i) Cost of specialty inspection such as compaction and concrete testing is excluded. j) Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) k) This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement. l) Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. m) Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal.
n) Telstar is supplying only equipment specified and noted above. o) Please reference quote number SR30-38436 in all correspondence and purchase orders.
City of Vallejo’s Notes: The City of Vallejo has built in Contingency amount in case of unforeseen situations once the work is started.
City of Vallejo – Short Form Contract
END OF SECTION
City of Vallejo – Short Form Contract
EXHIBIT B - COMPENSATION
1. Contractor’s Compensation.
A. Services: City agrees to pay Contractor for services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Seventy-Five Thousand Dollars ($175,000), upon satisfactory completion of the services and delivery of the work product.
B. Additional Services:
1. Additional Services are those services related to the Scope of Work of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services.
2. Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.
2. Contractor’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
3. Payments to Contractor.
A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor shall be responsible for the cost of supplying all documentation necessary to verify billings to the satisfaction of City.
B. All invoices submitted by Contractor shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
City of Vallejo – Short Form Contract
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
D. Invoices and payment inquiries shall be emailed to:
[email protected]
E. Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City may withhold from City's certificate for payment, on account of any of the following:
(a) Defective work not remedied;
(b) Third-party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors;
(c) Stop notices;
(d) Failure of Contractor to make timely payments due to subcontractors for material or labor;
(e) A reasonable doubt that the work can be completed for the balance of the Contract Sum then unpaid;
(f) Damage to the City or others for which Contractor is responsible; (g) Reasonable evidence that the work cannot be completed within the Contract Time, and the unpaid balance of the Contract Sum would not be adequate to complete the work and cover City's damages for the anticipated delay;
(h) Failure of Contractor to maintain, update, and submit records and documents;
(i) Failure of Contractor to submit schedules or schedule updates as required by the Contract Documents;
(j) Performance of the work by Contractor without properly processed shop drawings;
(k) Liquidated damages assessed;
(l) Any other failure of Contractor to perform its obligations under the Contract Documents.
4. Accounting Records of Contractor.
A. Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection City of Vallejo – Short Form Contract
and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
B. If requested by the City, Contractor shall provide a summary showing payments to be made and/or already made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from Contractor and each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
C. The obligations of Contractor under this section shall survive this Agreement.
6. Taxes. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Contractor shall provide City with Contractor’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
City of Vallejo – Short Form Contract
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Contractor’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is not subject to California Workers’ Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.
City of Vallejo – Short Form Contract
D. Professional Liability (Errors and Omission): Insurance appropriates to the Contractor’s profession with $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
4. Other Insurance Provisions.
A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.
D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.
E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
City of Vallejo – Short Form Contract
F. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Contractor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Contractor otherwise ceases to be insured as required herein.
City of Vallejo – Short Form Contract
EXHIBIT C – ATTACHMENT 1
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
CONSENT CALENDAR 8.G.
DATE: September 13, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
Oscar Alcantar, Assistant Public Works Director Maintenance SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE CONTRACT FOR POTHOLE REPAIR SERVICES WITH JETPATCHER USA, INC. TO INCREASE THE CONTRACT TO $500,000 AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA eNVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Second Amendment to the Contract for pothole repair services with Jetpatcher USA, Inc. to increase the contract amount to $500,000.
REASONS FOR RECOMMENDATION
The City of Vallejo Public Works Department initiated a pothole repair pilot program in late Fiscal Year 2021- 22 and awarded a contract to Jetpatcher USA, Inc. to aid in repairing potholes throughout the City. To continue pothole repair efforts, staff recommends increasing the contract not to exceed amount from $100,000 to $500,000.
BACKGROUND AND DISCUSSION
The City of Vallejo identified a need to implement a pilot program for pothole repair services utilizing a spray- injection process. Pothole repair is considered maintenance work and is therefore exempt from the City's formal public works bidding requirements pursuant to Vallejo Municipal Code Section 3.20.135.B.
Nevertheless, on April 5, 2022, the City advertised a Request for Proposal (RFP) for Pothole Repair Services to assist staff in repairing potholes around the City. On April 20, 2022, a sole bid was received from Jetpatcher USA, Inc. The initial contract had a not to exceed amount of $50,000 to determine if this method of pothole repair was beneficial to the City.
Public Works launched the pothole pilot program with Jetpatcher USA on June 14, 2022. During the initial months, Jetpatcher USA was able to repair approximately 40 potholes per day. Staff found that this is a viable program and in July of 2022, executed a first amendment to the contract increasing the not to exceed amount to $100,000.
The service that Jetpatcher USA is continuing to provide is assisting staff immensely and significantly increasing the amount of potholes that are repaired on a regular basis. The contract has an expiration date of June 30, 2023 with an option to extend at intervals of one year for a maximum agreement term of five years. The increase to $500,000 shall cover the full term of the contract including extensions, should options be exercised. Staff recommends increasing the contract limit in order to continue successfully repairing potholes throughout the City of Vallejo over the life of the contract.
FISCAL IMPACT
The proposed action to amend the agreement with Jetpatcher USA, Inc. will not have any direct impact on the General Fund. Funds to pay for these services in the total amount not to exceed $500,000 will come from
Date: September 13, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE CONTRACT FOR POTHOLE REPAIR SERVICES WITH JETPATCHER USA, INC. TO INCREASE THE CONTRACT TO $500,000 AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA eNVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(C)
existing approved capital improvement project budget in PWC109.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c) because the project is for the maintenance of existing highways and streets.
ATTACHMENTS
1. RESO 2nd Amend- Pothole Repair - JetPatcher USA Inc_CAO Stamp
2. Jetpatcher USA- Second Amendment to Contract 22-PW149 increase to 500k_CAO Stamp (2)
3. Executed Jetpatcher USA- First Amendment to Contract 22-PW149 increase to 100k_LZ
4. Executed Jetpatcher -Pothole Repair Services Contract 22-PW149 (1)
CONTACT
Melissa Tigbao, Public Works Director, 707-648-4301
[email protected]
RESOLUTION NO. 22-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR POTHOLE REPAIR SERVICES WITH JETPATCHER USA, INC. TO INCREASE THE CONTRACT AMOUNT WHEREAS, The City of Vallejo identified a need to implement a pilot program for pothole repair services utilizing a spray-injection process. Pothole repair is considered maintenance work and is therefore exempt from the City's formal public works bidding requirements pursuant to Vallejo Municipal Code Section 3.20.135.B. Nevertheless, on April 5, 2022, the City advertised a Request for Proposal (RFP) for Pothole Repair Services to assist staff in repairing potholes around the City.
On April 20, 2022, a sole bid was received from Jetpatcher USA, Inc. The initial contract had a not to exceed amount of $50,000 to determine if this method of pothole repair was beneficial to the City; and
WHEREAS, on April 20, 2022, staff received a sole bid from Jetpatcher USA, Inc.; and WHEREAS, the City of Vallejo and Jetpatcher USA, Inc. entered into a contract for an amount not to exceed $50,000 (“Contract for Pothole Repair Services” or “Contract”); and WHEREAS, the City of Vallejo found this method of pothole repair to be viable and executed a First Amendment to the Contract increasing the not to exceed amount to $100,000; and WHEREAS, in order to continue successfully repairing potholes throughout the City, staff is seeking authorization for a second amendment to increase the total amount of the Contract by an amount not to exceed $500,000 over the life of the contract.
NOW, THEREFORE BE IT RESOLVED that the City Council finds that:
1.This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c) because the project is for the maintenance of existing highways and streets.
2. Pothole repair is considered maintenance work and is therefore exempt from the City's formal public works bidding requirements pursuant to Vallejo Municipal Code Section 3.20.135.B.
BE IT RESOLVED that the City Council hereby approves the Second Amendment to the Contract for Pothole Repair Services between the City of Vallejo and Jetpatcher USA, Inc. to increase the total amount of the contract not to exceed $500,000 and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on September 13, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment to Agreement Between City of Vallejo and Jetpatcher USA, Inc. Page 1 of 3 7/2022
SECOND AMENDMENT TO
CONTRACT FOR POTHOLE REPAIR SERVICES BETWEEN
CITY OF VALLEJO
AND
JETPATCHER USA, INC.
This Second Amendment to the Contract for Pothole Repair Services dated June 1, 2022 (“Contract”) by and between Jetpatcher USA, Inc., a California Corporation (“Contractor”), and the City of Vallejo, a municipal corporation (“City”), is made and entered into on this 13th day of September 2022.
WHEREAS, on June 1, 2022, the City and Contractor entered into that certain Contract for Pothole Repair Services to repair potholes throughout the City of Vallejo, including on Mare Island and in Hiddenbrooke. Said Contract provided for maximum compensation not to exceed Fifty Thousand Dollars ($50,000.00); and
WHEREAS, on July 25, 2022, the Parties entered into a First Amendment to the Contract increasing the maximum compensation to One Hundred Thousand Dollars ($100,000.00); and
WHEREAS, the Parties now wish to increase the maximum compensation to $500,000 to repair additional potholes in the City.
NOW THEREFORE, Contractor and City do mutually agree as follows:
1. Amendment to Section 1 of Exhibit B “Compensation.” Section 1 of Exhibit B of the Contract shall be modified to read:
“1. Compensation: City agrees to pay Contractor, at the rate(s) specified in Attachment 1 to this Exhibit, for the services set forth in Exhibit A of this Agreement, for a total not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000). Price is to include all costs chargeable to the City Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.”
2. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and
Second Amendment to Agreement Between City of Vallejo and Jetpatcher USA, Inc. Page 2 of 3 7/2022
conditions of the Contract as amended by the First Amendment shall remain in full force and effect, and Contractor shall perform all duties, obligations and conditions required thereunder.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Contract as amended by the First Amendment, the provisions of this Second Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this Second Amendment for Contractor hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Contractor.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Second Amendment to Agreement Between City of Vallejo and Jetpatcher USA, Inc. Page 3 of 3 7/2022
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
JETPATCHER USA, INC.,
a California Corporation
BY:
JAVIER R. ARAUZO E.
President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
MICHAEL MALONE
City Manager
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
MELISSA TIGBAO
Public Works Director
APPROVED AS TO FORM:
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
First Amendment to Agreement Between City of Vallejo and Jetpatcher USA Page 1 of 3 7/2022
FIRST AMENDMENT TO
CONTRACT FOR POTHOLE REPAIR SERVICES BETWEEN
CITY OF VALLEJO
AND
JETPATCHER USA, INC.
This First Amendment to the Contract for Pothole Repair Services (“Contract”) between Jetpatcher USA, Inc., a California Corporation (“Contractor”), and the C ity of Vallejo , a municipal corporation (“City”), is made and entered into on this 25th day of July 2022.
Contractor and City do mutually agree as follows:
1. Amendment to Section 1 of Exhibit B “Compensation.” Section 1 of Exhibit B of the Contract shall be modified to read:
“1. Compensation: City agrees to pay Contractor, at the rate(s) specified in Attachment 1 to this Exhibit, for the services set forth in Exhibit A of this Agreement, for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000). Price is to include all costs chargeable to the City
Contractor shall notify City in writing no later than thirty (30) da ys prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.”
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Contractor shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Contract, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Contractor hereby represents and warrants that he or she is fully autho rized to sign this First Amendment DocuSign Envelope ID: 0B7A33F0-9F98-4DB4-96B9-7F4727928A94
First Amendment to Agreement Between City of Vallejo and Jetpatcher USA Page 2 of 3 7/2022
on behalf of Contractor.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
DocuSign Envelope ID: 0B7A33F0-9F98-4DB4-96B9-7F4727928A94
First Amendment to Agreement Between City of Vallejo and Jetpatcher USA Page 3 of 3 7/2022
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
JETPATCHER USA, INC.,
a California Corporation
BY:
JAVIER R. ARAUZO E.
President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
MICHAEL MALONE
City Manager
DATE:
ATTEST:
DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
MELISSA TIGBAO
Public Works Director
APPROVED AS TO FORM:
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
DocuSign Envelope ID: 0B7A33F0-9F98-4DB4-96B9-7F4727928A94 7/19/2022
8/4/2022
Contract for Pothole Services
CONTRACT for POTHOLE REPAIR SERVICES
THIS CONTRACT (“Contract”) made this 1st day of June, 2022, at Vallejo, California, by and between the City of Vallejo, a municipal corporation, hereinafter called City, and Jetpatcher USA, Inc., a California corporation, hereinafter called Contractor.
WITNESSETH:
WHEREAS, City seeks pothole repair services to be performed throughout the City of Vallejo, including Mare Island and Hiddenbrooke. The repair process shall be a cationic rapid setting emulsion injection process as specified in Exhibit A.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Contract Documents. This Contract consists of the Contract Documents identified as such, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all drawings, materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in detail, workmanship, or material be in strict accordance with said plans and specifications.
The following documents shall constitute the Contract Documents:
(a) Designation of Subcontractors
(b) Non-Collusion Affidavit For Contractor Or Subcontractor (c) Nondiscrimination Clause
(d) Faithful Performance Bond
(e) Payment (Labor And Materials) Bond
(f) Exhibit A – Scope of Work
(g) Exhibit A, Attachment 1 – XX Proposal
(h) Exhibit B – Compensation
(i) Exhibit B, Attachment 1 - Change Order
(j) Exhibit C, Insurance Requirements
(k) Section A -
(l) Section B - General Provisions
(i) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2018 edition, Sections 10 through 95, all as modified herein
(i) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
(k) Any other documents identified as such in the Contract Documents.
3. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.”
4. Equipment and Labor. Contractor shall, at its sole cost and expense, furnish all equipment and labor which may be required for furnishing services pursuant to this Agreement in a safe, efficient, and legal manner. The Contractor shall at all times furnish and maintain sufficient equipment as necessary to perform the work of this contract. Such equipment shall be subject to the inspection and approval of the City's Representative.
5. Indemnification. Contractor shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this agreement for Contractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Contractor, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement.
6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements.” Failure to maintain required insurance at all times shall constitute a default and material breach.
7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury or death to persons or damage to property during the performance of this Agreement.
The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
8. Repairs and Corrective Actions. Contractor shall communicate to the City any related hazards encountered while performing services under Agreement. Any hazardous conditions noted, or seen, by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City’s Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, buoys, and/or barricades until a City Representative arrives to the location.
9. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
Agreement. Contractor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.
10. Independent Contractor. Contractor is an independent contractor. Neither Con tractor nor any of Contractor’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement.
City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.
11. Licences, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of the work to be performed under this Agreement. Contractor shall comply with all applicable Federal and State of California statutes, rules and regulations in performance of the work.
12. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.
13. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Contract in accordance with generally accepted professional practices and principles and in a manner consistent with th e level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.
Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.
Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Contract and det ermining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsib ility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.
14. Warranty. All pothole repairs shall be warrantied for two years from the date of repair. In the event that a repair does not last the two year period, the contractor will need to return to make repairs at no cost to City.
15. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
16. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
17. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Contractor pursuant to this Agreement shall be the f ull and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Con tractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
Contractor shall pay, when and as due, any and all taxes incurred as a result of Con tractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
18. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the Ci ty Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
19. Term. The term of this Agreement shall commence on June 1, 2022 and shall continue in full force and effect until June 30, 2023. Upon expiration of original Agreement, the City may, at its discretion and upon written notice to Contractor, extend Agreement up to four (4) times in intervals of one (1) year for a maximum Agreement term of five (5) years.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
20. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Contractor. Upon receipt of a notice of termination, Contractor shall not provide services except as specified in the notice. Before the date of termination, Contractor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
21. Products of Con tracting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Con tractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Con tractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intelle ctual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Con tractor makes no representation of the suitability of the work product for use in o r application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
22. Public Noticing of Operations. The responsibility to notify the public of operations will be the responsibility of the City Representative; Contractor shall have no responsibility in this regard.
23. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.
24. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.
When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the APWD-Maintenance, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
In no case shall the use of subcontractors in any way alter the position of the Contractor in relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.
25. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
26. Non-Discrimination/Fair Employment Practices. Contractor shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Contractor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
27. Notices. All notices or instruments required to be given or delivered by law shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City Public Works Department:
Melissa Tigbao, Public Works Director
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
If to Contractor:
Javier R. Arauzo E., President
Jetpatcher USA, Inc.
677 Anita Street, Suite F
Chula Vista, CA 91911
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
28. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
29. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
30. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
31. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
32. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
33. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
34. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
35. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
36. Confidentiality of City Information. During the performance of services under this DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
Contract for Pothole Services
Agreement, Contractor may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Contractor agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Contractor’s scope of work, to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need f or the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential. A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief. Contractor’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
37. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
38. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
39. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
40. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
41. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
42. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments
[Signatures on following page]
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA Contract for Pothole Services
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Jetpatcher USA, Inc.
a California Corporation
By:
Javier R. Arauzo E.
President
DATE: ____________________
11716593
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:________________________
Melissa Tigbao
Public Works Director
DATE:___________
ATTEST:
By:________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA 5/25/2022
5/25/2022
EXHIBIT A
Exhibit A – Specifications
EXHIBIT A - SCOPE OF WORK
1. Representatives. The City Representatives for this Agreement are:
Oscar Alcantar, Assistant Public Works Director/Maintenance 111 Amador Street
Vallejo, CA 94590
(707) 648-5835
[email protected]
The Contractor’s Representative for this Agreement is:
Javier R. Arauzo E., President
677 Anita Street, Suite F
Chula Vista, CA 91911
(858) 463-0086
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Contractor Representative and City’s Representative.
2. Services to be Provided. The work to be done consists of spray-injection pothole repair services throughout the City of Vallejo , including Mare Island and Hiddenbrooke . Repairs shall be completed using a cationic rapid setting emulsion injection process . Repair work shall include the following:
• Install Work Site Safety and Traffic Control Measures: Before starting any work, insta ll all safety measures, including signs, cones, barriers and flaggers , in the area of operation to ensure the safety of work personnel and the public.
• Site Inspection: Inspect areas where repairs are to be performed to ensure all surface bumps or defects are marked with washable paint to delimit the areas to be repaired.
• Pothole Measurement: Measurements using the unit of Square Feet (SF) shall be taken and agreed upon, in writing, by the field inspectors of City and Contractor during pre-job walks. Contractor will maintain records documenting such measur ements and the average depth of the potholes.
• Cleaning: Once the pothole has been defined, the interior will be cleaned with high - speed air (minimum 62 mi / hour), dislodging dirt, loose material, garbage and water, in general any element that prevents direct contact of the repair material with the base or inner walls of the pothole. In case the cleaning of the internal part of the pothole is not completely achieved by means of air, it will be necessary to proceed by manual means.
This step will be applied to the entire periphery of the pothole (minimum 1 foot) in order to discover cracks or micro -cracks, which may allow some penetration of moisture. If necessary, prior to this cleaning, pressurized water will be applied to the repair area to prevent dust from rising.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT A
Exhibit A – Specifications
• Application of Emulsion Sealing: On the clean surface apply uniform irrigation of cationic rapid setting emulsion with the patching equipment at a minimum pressure of 40 psi,
from the center of the surface being repaired outwards in circular or straight motions or from one side to the other, until the emulsion impregnates abundantly and homogeneously on the surface to be repaired, ensuring that the emulsion applied at high speed penetrates the fissures, cracks and cavities that are on the surface under repair. The impregnation sealing will include the areas adjacent to the surfaces under repair of between 4 to 12 inches, which will guarantee an addit ional sealing and waterproofing, making the application in square or rectangular shape around the surface under repair, thus preventing the future entry of water. It will be avoided that the emulsion applied to generate puddles inside and outside the area to be repaired, that as traffic passes can develop spills or tearing of the repair.
• Application of Asphalt M ix: The application of the asphalt mix of up to 6 inches in thickness, done by activating the flow of stone aggregate (with the granulometry and quality indicated in the project) and applying it via pneumatic pressure at high speed through the main hose until reaching the pipette or application nozzle at the tip of the main hose, where the gravel is sprinkled uniformly with emulsion making the asphal t mixture. This mixture shall be thrown at more than 62 miles per hour towards the surface under repair through the hose and pipette or application nozzle at the end of the hose in the exact quantities required for the repair, which avoids wastes and contamination.
During application of the asphalt mixture, the hose movement and deposition of the asphalt mixture will always be in the direction of traffic flow, straight, avoiding depositing the material by way of circles, starting from the deepest part of t he hole. The volume applied from the bottom of the bump to the surface should not exceed the current level of the pavement in good condition once compacted.
Any loose aggregate on the periphery of the repair is to be swept out of the pothole and subsequently hauled away and dispose. Sand shall be applied over the pot hole repair which will prevent the detachment of the superficial part of the repair and accelerate the process of breaking the emulsion.
• Compaction: The compacted mixture is placed with a light smooth viber plate for better aesthetics and repair.
• Clean Up: All material or garbage that has been detached and removed from the area to be repaired will be picked up by the operation crew and removed from the area.
• Reporting: Reports must be generated of the repair work completed with the following elements as a minimum:
o Date and time work was performed and completed;
o Length, width and depth of the repair measured in feet with two decimal units; o Repair location (as detailed as possible);
o Estimated amount of material used (in cubic yards, with two decimals); o Name of the operator;
o Type of equipment used;
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT A
Exhibit A – Specifications
o Photographic reference or geolocation of the repair before, during the repair process and upon completion.
3. Materials. Contractor shall provide all materials required to complete quality and sustainable pothole repairs. Materials used shall be in accordance with those tested and recommended for spray-injection pothole repairs as follows:
• Emulsion Rapid Setting: For the injection process, use Cationic Rapid Setting Emulsion with the quality requirements given in Table 1 and 2.
In case the aggregate regularly used in this process is not available and a different aggregate must be obtained, the new aggregate shall be evaluated to test compatibility with the emulsion. If necessary, the rapid setting emulsion shall be modified in order to be compatible with the aggregate.
Table 1. Quality requirements for cationic rapid setting:
ECR- 65
Asphalt content % min. 65
Viscosity Saybolt Furol 25°C (77°F) min.
Viscosity Saybolt Furol 50°C (122°F) min. 40
Settlement 5 days % max. 5
Retained mesh 20 0.01
Particles charge +
Dissolvent in volume 3
Rate of rupture less 100
RESIDUAL DISTILLATION
Viscosity 60°C (140°F) Poises 50 + - 10
Penetration 25°C (77°F) 100-250
Solubility % min. 97.5
Ductility 25°C (77°F) min. 40
Table 2. Physical Properties for cationic emulsion:
PHYSICAL PROPIETIES
Physical state Liquid
Appearance Dark brown
Smell Characteristic
Boiling point
100 °C (212°F)
Approx.
Relative Density 0.95- 1.06
Viscosity 100 °C (212°F) 5- 100 sec STV 4 mm
• Aggregates: The material that is used in the process of repair of asphalts by the injection method shall be of basaltic or siliceous characteristics of negative electric charge, to obtain the electrical attraction with the cationic rapid setting. The recommendation is to use the one marked "3 A" and must comply with the DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT A
Exhibit A – Specifications
granulometric characteristics and quality of tables 3 and 4.
Table 3. Granulometry requirements of aggregate
Mesh Designation of the
Aggregate
Opening Designation 3-A 3-B 3-E
(mm) Pass %
31.5 1 1/4" ---- ---- ----
25 1" ---- ---- ----
19 3/4" ---- ---- ----
12.5 1/2" 100
9.5 3/8" 95 min
6.3 1/4" ----
4.75 No. 4 ----
2 No. 10 5 Max
0.425 No. 40 0
Table 4. Quality requirements of aggregate material:
Features Values
Wear Los Angeles, % max. 30
Elongated & wav particles, % max. 35
Accelerated weathering, % max. 12
Friction detachment, % max. 25
Coating with asphalt (English
Method), % min.
90 Contractor shall furnish written laboratory reports from a reputable testing or inspection agency acceptable to City of Vallejo, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of the all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal.
4. Beginning of Work. Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.
Contractor shall notify the City Representative, in writing, of the Contractor's intent to begin work at least 72 hours before work is begun. The notice shall specify the date the Contractor intends to start and the areas where work will be performed.
Should the Contractor begin work in advance of receiving written Notice to Proceed, any work performed by the Contractor in advance of the date of Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk and as a volunteer.
The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed. Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT A
Exhibit A – Specifications
The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these Specifications and the special provisions.
5. Hours of Operation. Regular working hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the City in writing. Contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.
6. Construction Near Private Property. Contractor shall note that the work may be performed in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.
7. Minimum Quantities. The City shall not be bound to minimum quantities of any service.
8. Inspection. The City’s Representative shall be furnished with every reasonable means for ascertaining full knowledge of the operations, including the workmanship, materials and equipment used and employed in the work. The Contractor may be required to provide the City’s Representative with an advance written schedule of operations and work locations.
Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment. Any work found to be unacceptable by the City will be noted in writing to the Contractor. Upon receipt of notice of any deficiencies, the Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or have services performed by others at the Contractor's expense.
9. Rejected Materials. The Contractor shall immediately remove any rejected or condemned material provided by the Contractor at his or her own expense. Rejected materials shall never again be offered to the City. Additionally, as a remedy, the City may deduct and retain the cost to replace the work from any sums due or to become due to the Contractor.
10. Safety Requirements. Contractor agrees to perform all work outlined in the Agreement in such a manner as to meet all accepted standards for safe practices and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of applicable O.S.H.A., CAL E.P.A. Safety Orders at all times so as to protect all persons, including contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.
Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty‐four (24) hours following the occurrence.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT B
Exhibit B – Compensation
EXHIBIT B - COMPENSATION
1. Compensation. City agrees to pay Contractor, at the rate(s) specified in Attachment 1 to this Exhibit, for the services set forth in Exhibit A of this Agreement, for a total not to exceed fifty thousand dollars ($50,000.00). Price is to include all costs chargeable to the City.
Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.
2. Price Adjustments.
A. Direct Cost: In this section means Contractor’s costs from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus transportation costs from manufacturer to Contractor and Contractor to the City.
B. Price Decreases: If Contractor’s direct cost decreases at any time during the term of this contract, Contractor shall immediately pass the decrease to the City and lower its prices by the amount of the decrease in direct cost. Contractor shall notify the City of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon City’s receipt of Contractor’s notice.
C. Price Increases: Upon approval of City, Contractor shall be permitted to increase charge rates to adjust for living wage increases at the beginning of the fiscal year or as agreed upon by City and contractor. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Contractor must submit a letter with an itemized list showing revised prices by line item. If the City approves the price increase, Contractor shall be notified in writing; no price increase will be effective until Contractor receives this notice.
D. Termination of Performance: If the City does not approve Contractor’s price increase, Contractor may terminate its performance under the agreement upon sixty (60) days advance written notice. Termination of Performance is Contractor’s only remedy if the City does not approve the price increase. If at any time after approving a price increase, the City determines the same service can be obtained at a lower price from a different source without violating any state law, the City may then procure the service from the lower price source without any obligation to Contractor.
3. Invoicing. Contractor shall invoice City in a timely manner upon completion of each service provided in a form approved by the City Representative. Invoicing shall include a detailed description of the work performed, the quantity and unit price for the work performed, total cost, and the City of Vallejo Purchase Order Number.
When applicable, a weigh-master’s tag indicating material quantities shall be included with the DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT B
Exhibit B – Compensation
invoice, and the tag/ticket number referenced on invoices to verify the charges.
Invoices shall be submitted via email to [email protected].
4. Account Statements. Contractor shall send account statements on a monthly basis. The account statements shall list outstanding invoice data, such as invoice number, invoice date, and invoice total. Statements shall be emailed to [email protected].
5. Payment. City agrees to pay Contractor for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within thirty (30) days after the City has approved the invoice upon satisfactory completion of the services.
5. Accounting Records of Contractor. Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepte d accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Contractor under this section shall survive this Agreement.
6. Taxes. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Contractor shall provide City with Contractor’s complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA EXHIBIT B, ATTACHMENT 1
Exhibit B, Attachment 1 – Proposal Sheet
POTHOLE REPAIR SERVICES-PROPOSAL SHEET
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT C
Exhibit C – Insurance Requirements
EXHIBIT C - INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by th e Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limi ts shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance pol icy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Contractor’s profession (Errors and Omission).
E. Contractors’ Pollution Legal Liability
2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
A. General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $500,000 per accident for bodily injury or disease. If Contractor is not subject to Ca lifornia Workers’ Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT C
Exhibit C – Insurance Requirements
D. Contractors’ Pollution L egal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of l osses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
4. Other Insurance Provisions.
A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be s uspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
C. The limits of Insurance required in this agreement ma y be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self - insurance shall be called upon to protect it as a named insured.
D. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its offic ers, officials, employees, agents or volunteers. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
E. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
F. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA
EXHIBIT C
Exhibit C – Insurance Requirements
G. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of cov erage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withho ld. City will withhold payments to Contractor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Contractor otherwise ceases to be insured as required herein.
DocuSign Envelope ID: 75A4F8C1-BBCC-4720-9392-C29305DAA7FA CONSENT CALENDAR 8.H.
DATE: September 13, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE 2022 JUSTICE ASSISTANCE GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN MOU RELATED THERETO; AND NOTICING INTENT TO AMEND FISCAL YEAR 2022-23 BUDGET IN THE AMOUNT OF $142,374
RECOMMENDATION
1. Adopt a resolution accepting the federal Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (JAG), authorizing the City of Vallejo Police Department to administer the Justice Assistance Grant.
2. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the cities of Vallejo, Vacaville and Fairfield, and Solano County.
3. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 2022/2023 Justice Assistance Grant Fund# 149 budget to recognize revenue in the amount of $142,374 and appropriate expenditures of $142,374.
REASONS FOR RECOMMENDATION
Staff recommends the acceptance of the grant to fund specialized police programs, supplies and equipment for law enforcement programs in the cities of Fairfield, Vacaville and Vallejo.
BACKGROUND AND DISCUSSION
The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) recently announced the availability of funds that will be awarded through the Fiscal Year 2022 Justice Assistance Grant Program Local Solicitation (JAG). Due to grant disbursement requirements, the BJA, Solano County and the Cities of Vacaville, Fairfield, and Vallejo desire to enter into a Memorandum of Understanding designating the City of Vallejo to serve as the fiscal agent for the grant and agreeing to the reallocation and spending plans for the funds to be awarded to the Vallejo Police Department, Fairfield Police Department and Vacaville Police Department.
The three Police Departments, all in Solano County, propose using our FY22 local JAG allocation toward three priorities: 1) enhancing officer safety, 2) improving officer capabilities, and 3) preventing and interrupting violent crime through innovative policing.The cities of Vacaville and Fairfield will use their funding to implement a new data integration software. Vallejo will use their funding to replace the department's Live Scan machine and fund the renewal of 10 ALPR cameras (this action does not add cameras only provide funding).
The JAG grant will provide funding to support law enforcement programs in Solano County. To maximize the benefit to each agency and the communities they serve, the agencies are required to collaborate and jointly apply for a single grant. The City of Vallejo is submitting a joint application on behalf of all the agencies.
Date: September 13, 2022
Subject: ADOPT A RESOLUTION ACCEPTING THE 2022 JUSTICE ASSISTANCE GRANT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN MOU RELATED
THERETO; AND NOTICING INTENT TO AMEND FISCAL YEAR 2022-23 BUDGET IN THE AMOUNT OF $142,374