Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 GENERAL FUND 818335 SOLANO COUNTY RESOURCE MANA GENERAL R/M SUPPLIES 84.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818340 STANTEC CONSULTING SERVICES INOTHER PROFESSIONAL SERV 2,566.72 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818341 STAPLES BUSINESS ADVANTAGE CLEANING SUPPLIES 104.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818342 STAR SPORTS CLOTHING & UNIFORMS 176.51 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818342 STAR SPORTS CLOTHING & UNIFORMS 172.13 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818342 STAR SPORTS CLOTHING & UNIFORMS 173.10 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818342 STAR SPORTS CLOTHING & UNIFORMS 148.47 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818344 STERICYCLE, INC. OTHER SERVICES 155.45 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818344 STERICYCLE, INC. OTHER SERVICES 502.82 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818346 STRYKER SALES CORPORATION OTHER R/M SUPPLIES 2,861.95 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818347 TAQUERIA Y ANTOJITOS EL WERO OTHER SUPPLIES 850.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818349 THE SHERWIN-WILLIAMS CO. CLOTHING & UNIFORMS 41.77 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818350 TRANSUNION RISK & ALTERNATIVE DOTHER SERVICES 75.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818352 TRIPEPI, SMITH AND ASSOCIATES, IN OTHER PROFESSIONAL SERV 571.93 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES PRINTING & BINDING 743.12 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES COMPUTER SUPPLIES 247.60 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES MACHINERY & EQUIP RENTAL 813.50 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES PRINTING & BINDING 232.70 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES COMPUTER SUPPLIES 1,133.39 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES PRINTING & BINDING 748.74 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES COMPUTER SUPPLIES 249.47 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES MACHINERY & EQUIP RENTAL 819.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES PRINTING & BINDING 234.46 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818353 UBEO BUSINESS SERVICES COMPUTER SUPPLIES 1,141.95 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818354 UNITED RENTALS (NORTH AMERICA) GENERAL R/M SUPPLIES 1,218.14 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 5,577.62 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 6,806.61 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 1,516.85 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 2,528.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 224.01 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 269.88 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 7,869.05 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818356 VALLEJO FIRE EXTINGUISHER, INC OTHER SERVICES 1,614.79 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818360 VICTORY STORES INC MISC. EXPENSES 87.37 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818364 WESTERN MACHINERY ELECTRIC BUILDING R & M SERVICES 1,203.33 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818364 WESTERN MACHINERY ELECTRIC BUILDING R & M SERVICES 1,248.51 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818366 WIZIX TECHNOLOGY GROUP, INC. PRINTING & BINDING 6.53 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818369 XEROX CORPORATION OTHER SERVICES 299.12 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND 818371 ZASIO ENTERPRISES INC OFFICE SUPPLIES 621.10 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818266 DIABLO PAPER SHREDDING, LLC OTHER SERVICES 308.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818271 E Z TREE INC EQUIPMENT R/M SERVICES 1,272.50 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 772.74 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 482.92 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. OTHER SERVICES 1,101.24 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. OTHER SERVICES 1,642.03 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 518.24 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 323.87 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 514.09 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 321.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 766.55 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 479.05 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 514.09 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 321.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. BUILDING R & M SERVICES 766.55 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL FUND MEASURE B 818317 MOBILE MODULAR MGMT. CORP. EQUIPMENT R/M SERVICES 479.05 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CDBG CFDA #14.248 818277 FAIR HOUSING ADVOCATES OF SOLAS:FAIR HSG ADVOCATES OF S 11,205.34 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818245 BAY ALARM CO. OTHER SERVICES 1.40 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818245 BAY ALARM CO. OTHER SERVICES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818267 DIRECT LINE TELE RESPONSE OTHER SERVICES 192.47 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 12.94 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 20.82 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 70.74 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 386.78 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 4,877.22 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE ISLAND CFD 2002-1 818299 ISLAND ENERGY GAS & ELECTRICITY 71.13 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818271 E Z TREE INC R/M REHABILITATION 375.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 Sub total of:GENERAL FUND 198,836.68
Sub total of:GENERAL FUND MEASURE B 10,584.13
Sub total of:CDBG CFDA #14.248 11,205.34
Sub total of:MARE ISLAND CFD 2002-1 5,651.50
City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 13.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 14.76 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 16.21 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 17.98 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 14.47 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 17.39 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 14.76 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 14.47 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARE IS 2005 1A CFD SERVC 818299 ISLAND ENERGY GAS & ELECTRICITY 14.76 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818266 DIABLO PAPER SHREDDING, LLC OTHER SERVICES 84.60 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818276 FAIR HOUSING ADVOCATES OF SOLATRAINING & CONFERENCES 25.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 66.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 66.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818329 RECOLOGY VALLEJO WASTE DISPOSAL 447.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818358 VALLEJO TIMES HERALD PUBLICITY & ADVERTISING 483.77 5/31/2023 5/31/2023 5/31/2023 5/31/2023 HOUSING ADMIN CFDA#14.871 818371 ZASIO ENTERPRISES INC SOFTWARE PROGRAMS 614.44 5/31/2023 5/31/2023 5/31/2023 5/31/2023 OUTSIDE FUNDED SERVICES 818340 STANTEC CONSULTING SERVICES INDDA PROJECT ACCOUNT DEPOS 2,587.50 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818303 KELLY-MOORE PAINT COMPANY, INC. GENERAL R/M SUPPLIES 12.52 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818303 KELLY-MOORE PAINT COMPANY, INC. GENERAL R/M SUPPLIES 1,856.70 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818326 PLATT ELECTRIC SUPPLY ELECTRICAL SUPPLIES 339.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818326 PLATT ELECTRIC SUPPLY ELECTRICAL SUPPLIES 1,431.17 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818326 PLATT ELECTRIC SUPPLY ELECTRICAL SUPPLIES 144.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818326 PLATT ELECTRIC SUPPLY ELECTRICAL SUPPLIES 140.77 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818345 STEVENSON SUPPLY & TRACTOR COELECTRICAL SUPPLIES 1,225.79 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818363 WESCO DISTRIBUTION, INC ELECTRICAL SUPPLIES 54.67 5/31/2023 5/31/2023 5/31/2023 5/31/2023 STATE GAS TAX 818363 WESCO DISTRIBUTION, INC ELECTRICAL SUPPLIES 29.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818288 HOUSE OF ACTS BEAUTIFICATION 2,357.93 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818288 HOUSE OF ACTS BEAUTIFICATION 1,404.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818288 HOUSE OF ACTS BEAUTIFICATION 864.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818304 KUBRA AMERICA WEST INC. PUBLICITY & ADVERTISING 2,787.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818304 KUBRA AMERICA WEST INC. COPYING 100.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818304 KUBRA AMERICA WEST INC. POSTAGE & MAILING 100.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818304 KUBRA AMERICA WEST INC. PRINTING & BINDING 100.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOLID WASTE DISPOSAL 818322 ODP BUSINESS SOLUTIONS LLC OFFICE SUPPLIES 57.43 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SUP LAW ENFORCEMENT GRANT 818255 CAPITOL ADVOCACY PARTNERS MISC EQUIPMENT 4,190.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SUP LAW ENFORCEMENT GRANT 818255 CAPITOL ADVOCACY PARTNERS MISC EQUIPMENT 4,190.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SUP LAW ENFORCEMENT GRANT 818255 CAPITOL ADVOCACY PARTNERS MISC EQUIPMENT 4,190.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LANDSCAPE MAINT DIST-ADM 818251 BOOT BARN INC CLOTHING & UNIFORMS 184.51 5/31/2023 5/31/2023 5/31/2023 5/31/2023 COSTA DEL RIO (SEAVIEW) 818271 E Z TREE INC R/M REHABILITATION 3,625.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 FLEM HILL/SPRINGTREE LMD 818271 E Z TREE INC R/M REHABILITATION 1,220.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 SOMMERSET III LMD 818271 E Z TREE INC R/M REHABILITATION 1,555.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 BORDONI RANCH LMD 818241 AT&T CALNET2 TELECOMMUNICATIONS 27.63 5/31/2023 5/31/2023 5/31/2023 5/31/2023 BORDONI RANCH LMD 818241 AT&T CALNET2 TELECOMMUNICATIONS 25.36 5/31/2023 5/31/2023 5/31/2023 5/31/2023 N/E QUADRANT LMD 818271 E Z TREE INC R/M REHABILITATION 3,984.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GARTHE RANCH LMD 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 219.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARINE WORLD LMD 818271 E Z TREE INC R/M REHABILITATION 285.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 Sub total of:MARE IS 2005 1A CFD SERVC 513.28
Sub total of:HOUSING ADMIN CFDA#14.871 1,787.29
Sub total of:OUTSIDE FUNDED SERVICES 2,587.50
Sub total of:STATE GAS TAX 5,234.92
Sub total of:SOLID WASTE DISPOSAL 7,770.36
Sub total of:SUP LAW ENFORCEMENT GRANT 12,570.00
Sub total of:LANDSCAPE MAINT DIST-ADM 184.51
Sub total of:COSTA DEL RIO (SEAVIEW) 3,625.00
Sub total of:FLEM HILL/SPRINGTREE LMD 1,220.00
Sub total of:SOMMERSET III LMD 1,555.00
Sub total of:BORDONI RANCH LMD 52.99
Sub total of:N/E QUADRANT LMD 3,984.00
Sub total of:GARTHE RANCH LMD 219.25
City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 CAPITAL OUTLAY FUND 818233 ADMIRAL SECURITY SERVICES, INC. BUILDING R & M SERVICES 1,400.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818234 ALCO IRON & METAL CO. INC. SITE IMPROVEMENTS 241.56 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818238 AMAZON CAPITAL SERVICES, INC. MISC EQUIPMENT 766.89 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818238 AMAZON CAPITAL SERVICES, INC. COMPUTER EQUIPMENT 253.78 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818238 AMAZON CAPITAL SERVICES, INC. COMPUTER EQUIPMENT 35.34 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818238 AMAZON CAPITAL SERVICES, INC. COMPUTER EQUIPMENT (125.18) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818238 AMAZON CAPITAL SERVICES, INC. COMPUTER EQUIPMENT 200.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818257 CDWG INC. MISC EQUIPMENT 3,619.57 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818258 CHAVEZ TRANSPORT, INC. SITE IMPROVEMENTS 937.50 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818262 COMCAST COMPUTER EQUIPMENT 74.31 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818263 COSTAR REALTY INFORMATION,INC SOFTWARE PROGRAMS 1,027.10 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818263 COSTAR REALTY INFORMATION,INC SOFTWARE PROGRAMS 995.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818263 COSTAR REALTY INFORMATION,INC SOFTWARE PROGRAMS 995.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818314 MCGUIRE AND HESTER SITE IMPROVEMENTS 189,099.82 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818328 R&S ERECTION OF VALLEJO, INC SITE IMPROVEMENTS 718.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818328 R&S ERECTION OF VALLEJO, INC SITE IMPROVEMENTS 4,997.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818328 R&S ERECTION OF VALLEJO, INC SITE IMPROVEMENTS 1,119.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818334 SMART FIBER NETWORKS INC SITE IMPROVEMENTS 384.11 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818345 STEVENSON SUPPLY & TRACTOR COSITE IMPROVEMENTS 994.18 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818345 STEVENSON SUPPLY & TRACTOR COSITE IMPROVEMENTS 251.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818355 UNIVERSAL BUILDING SERVICES BUILDING R & M SERVICES 4,878.02 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818362 VULCAN MATERIALS CO - WESTERN SITE IMPROVEMENTS 23,356.13 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818365 WHITE CAP, LP SITE IMPROVEMENTS 236.84 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818372 ZUMAR INDUSTRIES INC SITE IMPROVEMENTS 3,176.32 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL OUTLAY FUND 818372 ZUMAR INDUSTRIES INC SITE IMPROVEMENTS 1,411.17 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CAPITAL GRANT & CONTRIBTN 818368 WSP USA INC. SITE IMPROVEMENTS 2,998.35 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818232 ADMIRAL SECURITY SERVICES, INC. SECURITY SERVICES 2,492.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818238 AMAZON CAPITAL SERVICES, INC. OFFICE SUPPLIES 54.61 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818238 AMAZON CAPITAL SERVICES, INC. GENERAL R/M SUPPLIES 61.20 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818238 AMAZON CAPITAL SERVICES, INC. COMPUTER EQUIPMENT 100.16 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818248 BESTCHOICE BFB MISC SUPPLIES 4,424.63 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818251 BOOT BARN INC GENERAL R/M SUPPLIES 190.19 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818251 BOOT BARN INC GENERAL R/M SUPPLIES 200.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. OFFICE SUPPLIES 270.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. OFFICE SUPPLIES 120.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. SOFTWARE PROGRAMS 30.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. OFFICE SUPPLIES 90.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. COMPUTER SOFTWARE MAINT 30.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. OFFICE SUPPLIES 60.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. COMPUTER EQUIPMENT 1,881.01 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. COMPUTER EQUIPMENT 1,099.04 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818257 CDWG INC. COMPUTER EQUIPMENT 208.89 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818260 CINTAS LAUNDRY & SANITATION 37.19 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818260 CINTAS LAUNDRY & SANITATION 28.41 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818260 CINTAS LAUNDRY & SANITATION 59.22 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818260 CINTAS LAUNDRY & SANITATION 37.19 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818266 DIABLO PAPER SHREDDING, LLC OTHER PROFESSIONAL SERV 21.15 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818266 DIABLO PAPER SHREDDING, LLC OFFICE SUPPLIES 24.15 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818278 FASTENAL COMPANY GENERAL R/M SUPPLIES 164.66 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818279 FISHER SCIENTIFIC LABORATORY SUPPLIES 179.77 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818280 GEI CONSULTANTS INC OTHER PROFESSIONAL SERV 47,014.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818280 GEI CONSULTANTS INC OTHER PROFESSIONAL SERV 910.82 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818280 GEI CONSULTANTS INC OTHER PROFESSIONAL SERV 195.18 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818282 HACH COMPANY LABORATORY SUPPLIES 508.06 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818282 HACH COMPANY MISC EQUIPMENT 1,929.38 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818284 HARRINGTON INDUSTRIAL PLASTICSGENERAL R/M SUPPLIES 274.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818284 HARRINGTON INDUSTRIAL PLASTICSGENERAL R/M SUPPLIES 509.62 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818284 HARRINGTON INDUSTRIAL PLASTICSGENERAL R/M SUPPLIES 633.92 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818284 HARRINGTON INDUSTRIAL PLASTICSGENERAL R/M SUPPLIES 698.34 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818283 HARRINGTON INDUSTRIAL PLASTICSGENERAL R/M SUPPLIES 603.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 1,197.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 497.61 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC MISC. EXPENSES 24.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC EQUIPMENT R/M SERVICES 54.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 36.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 132.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 24.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC OTHER R/M SUPPLIES 54.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 Sub total of:MARINE WORLD LMD 285.00
Sub total of:CAPITAL OUTLAY FUND 241,043.07
Sub total of:CAPITAL GRANT & CONTRIBTN 2,998.35
City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 WATER 818294 INLAND BUSINESS MACHINES, INC MACHINERY & EQUIP RENTAL 6.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC MISC. EXPENSES 24.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC EQUIPMENT R/M SERVICES 54.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 36.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 132.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 24.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC OTHER R/M SUPPLIES 54.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818296 INLAND BUSINESS MACHINES, INC MACHINERY & EQUIP RENTAL 6.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818299 ISLAND ENERGY GAS & ELECTRICITY 161.94 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 134.84 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 134.84 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818310 LINDE INC CHEMICAL SUPPLIES 6,967.31 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818313 MCGARD, INC FIELD EQUIPMENT 1,249.05 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818313 MCGARD, INC FIELD EQUIPMENT 22.31 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYMISC SUPPLIES 143.33 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYMISC SUPPLIES 744.22 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYGENERAL R/M SUPPLIES 349.96 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYGENERAL R/M SUPPLIES 196.41 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYGENERAL R/M SUPPLIES 3,751.15 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818315 MCMASTER-CARR SUPPLY COMPANYOTHER SUPPLIES 27.11 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818316 MINUTEMAN PRESS OTHER SUPPLIES 36.04 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818268 MISC EMPLOYEE REIMBURSEMENT TRAINING & CONFERENCES 95.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818235 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 56.11 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818336 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 482.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818337 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 12,974.34 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818338 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 1,069.20 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818285 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 595.89 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818285 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 2,197.64 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818285 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 449.71 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818265 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 96.88 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818286 MISC UTILITY BILLING REFUNDS MISC ACCOUNTS RECEIVABLE 196.57 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818322 ODP BUSINESS SOLUTIONS LLC FURNITURE AND FIXTURE 482.58 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 22.72 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 53.49 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 24.64 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 1,322.18 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 464.02 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 769.06 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 266.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 239.66 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 70.89 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 11.56 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 55,816.33 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 4,951.66 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 73.14 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818342 STAR SPORTS OTHER SUPPLIES 188.68 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818342 STAR SPORTS OTHER SUPPLIES 310.68 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818345 STEVENSON SUPPLY & TRACTOR COMISC SUPPLIES 538.33 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818345 STEVENSON SUPPLY & TRACTOR COMISC SUPPLIES 504.73 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 409.69 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 316.16 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 158.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 632.32 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 316.16 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818348 TELSTAR SCADA & CALIBRATION SRVCS 4,902.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818351 TRI-CITY FENCE CO., INC. OTHER SERVICES 7,380.68 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818351 TRI-CITY FENCE CO., INC. OTHER SERVICES 2,742.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818359 VERIZON WIRELESS TELECOMMUNICATIONS 54.84 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 104.93 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 263.43 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 236.30 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 428.89 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 393.24 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 1,596.92 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 115.23 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 243.71 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 1,361.63 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 107.84 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 264.33 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 114.56 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 256.71 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818362 VULCAN MATERIALS CO - WESTERN GENERAL R/M SUPPLIES 1,469.81 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818367 WORK WORLD, WHISTLE WORKWEAOTHER SUPPLIES 200.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER 818370 XEROX CORPORATION MACHINERY & EQUIP RENTAL 300.44 5/31/2023 5/31/2023 5/31/2023 5/31/2023 City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 TRAVIS WATER OPERATING 818279 FISHER SCIENTIFIC LABORATORY SUPPLIES 11.23 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818282 HACH COMPANY LABORATORY SUPPLIES 31.75 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818282 HACH COMPANY MISC EQUIPMENT 1,929.38 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 74.83 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 31.10 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818294 INLAND BUSINESS MACHINES, INC OTHER SERVICES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818296 INLAND BUSINESS MACHINES, INC OTHER SERVICES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 8.43 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 8.43 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS WATER OPERATING 818315 MCMASTER-CARR SUPPLY COMPANYGENERAL R/M SUPPLIES 2,444.40 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818242 AT&T PAYMENT CENTER TELECOMMUNICATIONS 95.59 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818279 FISHER SCIENTIFIC LABORATORY SUPPLIES 33.71 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818282 HACH COMPANY LABORATORY SUPPLIES 95.27 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 224.48 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818293 IDEXX DISTRIBUTION CORP LABORATORY SUPPLIES 93.30 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818294 INLAND BUSINESS MACHINES, INC OTHER SERVICES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818296 INLAND BUSINESS MACHINES, INC OTHER SERVICES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 25.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818309 LINDE GAS & EQUIPMENT INC. LABORATORY SUPPLIES 25.28 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818324 PACE SUPPLY CORPORATION GENERAL R/M SUPPLIES 553.75 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818325 PACIFIC GAS & ELECTRIC-SACRAME GAS & ELECTRICITY 19.80 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GREEN VALLEY/CURRY LAKES 818348 TELSTAR SCADA & CALIBRATION SRVCS 316.16 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818256 CAROLLO ENGINEERS, INC SKYVIEW TANK REPAIR PROJ 60,846.75 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818256 CAROLLO ENGINEERS, INC SKYVIEW TANK REPAIR PROJ 41,696.40 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818256 CAROLLO ENGINEERS, INC SKYVIEW TANK REPAIR PROJ 55,765.50 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC SITE IMPROVEMENTS 898.32 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC LAKE CURRY DAM IMP PROJ 5,198.32 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC B FH CLEARWELL REPAIRS 1,101.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC SUMMIT RESERVOIR REHAB 5,788.32 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC SITE IMPROVEMENTS 195.18 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC LAKE CURRY DAM IMP PROJ 14,031.01 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC B FH CLEARWELL REPAIRS 195.18 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818280 GEI CONSULTANTS INC SUMMIT RESERVOIR REHAB 1,108.51 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818307 LEE & RO, INC. B FH PS & SUBSTATION ELEC 1,807.17 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818320 NEXGEN ASSET MANAGEMENT SOFTWARE PROGRAMS 4,950.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818320 NEXGEN ASSET MANAGEMENT SOFTWARE PROGRAMS 9,750.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WATER FAC TAX/CONNECT FEE 818331 ROYAL ELECTRIC COMPANY PORTABLE EMERGCY GENERATR 39,311.59 5/31/2023 5/31/2023 5/31/2023 5/31/2023 TRAVIS CAPITAL EQ RESERVE 818307 LEE & RO, INC. TRAVIS WTP IMPROVE PROJEC 929.67 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818280 GEI CONSULTANTS INC LAKE FREY DAM IMPROVEMENT 3,418.57 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818280 GEI CONSULTANTS INC LAKE MADIGAN DAM IMPROVEM 5,756.57 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818280 GEI CONSULTANTS INC LAKE FREY DAM IMPROVEMENT 7,000.86 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818280 GEI CONSULTANTS INC LAKE MADIGAN DAM IMPROVEM 1,108.51 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818307 LEE & RO, INC. GREN VALY WATR TREATMT PL 996.67 5/31/2023 5/31/2023 5/31/2023 5/31/2023 LAKES CAPITAL FUND 818331 ROYAL ELECTRIC COMPANY PORTABLE EMERGCY GENERATR 17,471.81 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARINA 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 12.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARINA 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 12.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARINA 818308 LIND MARINE INCORPORATED SITE IMPROVEMENTS 11,878.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 MARINA 818354 UNITED RENTALS (NORTH AMERICA) SITE IMPROVEMENTS 800.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 VJO STATION PRKG STRCTURE 818237 ALPHA ANALYTICAL LABORATORIES, OTHER SERVICES 1,965.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 VJO STATION PRKG STRCTURE 818335 SOLANO COUNTY RESOURCE MANA OTHER SERVICES 84.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 VJO STATION PRKG STRCTURE 818343 STATE OF CA DEPT INDUSTRIAL RELAOTHER SERVICES 675.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 VJO STATION PRKG STRCTURE 818343 STATE OF CA DEPT INDUSTRIAL RELAOTHER SERVICES 675.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 VJO STATION PRKG STRCTURE 818355 UNIVERSAL BUILDING SERVICES CLEANING & JANITORIAL 3,913.72 5/31/2023 5/31/2023 5/31/2023 5/31/2023 FIBER ENTERPRISE FUND 818242 AT&T PAYMENT CENTER SITE IMPROVEMENTS 462.29 5/31/2023 5/31/2023 5/31/2023 5/31/2023 FIBER ENTERPRISE FUND 818339 SSP DATA, INC. SITE IMPROVEMENTS 400.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 Sub total of:WATER 190,144.97
Sub total of:TRAVIS WATER OPERATING 4,575.55
Sub total of:GREEN VALLEY/CURRY LAKES 1,518.62
Sub total of:WATER FAC TAX/CONNECT FEE 242,643.33
Sub total of:TRAVIS CAPITAL EQ RESERVE 929.67
Sub total of:LAKES CAPITAL FUND 35,752.99
Sub total of:MARINA 12,702.00
Sub total of:VJO STATION PRKG STRCTURE 7,312.72
Sub total of:FIBER ENTERPRISE FUND 862.29
City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 CORPORATION SHOP 818373 1-800-RADIATOR VEHICLE SUPPLIES 655.67 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818238 AMAZON CAPITAL SERVICES, INC. VEHICLE SUPPLIES 83.45 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 106.19 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 771.39 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 145.02 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 93.17 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 77.95 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 10.75 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 10.69 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 86.45 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 18.10 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 247.52 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 4.75 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 56.77 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 125.11 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 132.87 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 57.58 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 124.96 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 26.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 4.09 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES (196.87) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES (161.06) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES (58.27) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 452.81 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 7,954.41 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 23.97 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 43.92 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818247 BERT WILLIAMS & SONS INC. VEHICLE SUPPLIES 233.97 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818249 BIG CREEK LUMBER VEHICLE SUPPLIES 32.60 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818249 BIG CREEK LUMBER FIELD EQUIPMENT 123.46 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818249 BIG CREEK LUMBER VEHICLE SUPPLIES (15.71) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818252 BURTON'S FIRE, INC. VEHICLE SUPPLIES 3,146.40 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818253 CA DEPT OF TAX & FEE ADMINISTRATFUEL & LUBE SUPPLIES 69.12 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818281 GOLDEN STATE EMERGENCY VEHICLVEHICLE SUPPLIES 3,353.86 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818290 HUNT & SONS, INC. FUEL & LUBE SUPPLIES 1,668.12 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818290 HUNT & SONS, INC. FUEL & LUBE SUPPLIES 1,703.11 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818294 INLAND BUSINESS MACHINES, INC MISC. EXPENSES 30.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818296 INLAND BUSINESS MACHINES, INC MISC. EXPENSES 30.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818298 INTERSTATE BATTERIES OF TRI-VALLVEHICLE SUPPLIES 739.43 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818259 MISC EMPLOYEE REIMBURSEMENT MISC. EXPENSES 180.26 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818333 MISC EMPLOYEE REIMBURSEMENT TRAINING & CONFERENCES 283.65 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818321 O'REILLY AUTO PARTS VEHICLE SUPPLIES (216.73) 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818321 O'REILLY AUTO PARTS VEHICLE SUPPLIES 13.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818321 O'REILLY AUTO PARTS VEHICLE SUPPLIES 371.41 5/31/2023 5/31/2023 5/31/2023 5/31/2023 CORPORATION SHOP 818332 SHIELDS HARPER & CO - W SACRAM FUEL & LUBE SUPPLIES 9,803.78 5/31/2023 5/31/2023 5/31/2023 5/31/2023 EQUIPMENT REPLACEMENT 818269 DOWNTOWN FORD SALES WATER FUND 36,973.79 5/31/2023 5/31/2023 5/31/2023 5/31/2023 EQUIPMENT REPLACEMENT 818269 DOWNTOWN FORD SALES WATER FUND 111,357.81 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL LIABILITY 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 36.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 GENERAL LIABILITY 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 36.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WORKERS COMP 818289 HUMANSCALE CORPORATION OFFICE SUPPLIES 2,200.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WORKERS COMP 818294 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 WORKERS COMP 818296 INLAND BUSINESS MACHINES, INC OFFICE SUPPLIES 18.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818246 BENEFIT COORDINATORS CORP (BC DENTAL INSURANCE BENEFIT 1,781.25 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818246 BENEFIT COORDINATORS CORP (BC LIFE INSURANCE 3,179.88 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818246 BENEFIT COORDINATORS CORP (BC ACC DEATH & DISMEMBERMENT 630.72 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818246 BENEFIT COORDINATORS CORP (BC LONG TERM DISABILITY 4,797.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818246 BENEFIT COORDINATORS CORP (BC VOLUNTARY INSURANCE 4,296.86 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818254 CAMP ASSOCIATION OF VALLEJO UNION DUES - CAMP 560.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818291 IAFF, LOCAL 1186 UNION DUES-IAFF 7,900.00 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818292 IBEW LOCAL 1245 UNION DUES-IBEW 6,394.08 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818357 VALLEJO POLICE OFFICERS ASSOC UNION DUES-VPOA 6,170.40 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818361 VISION SERVICE PLAN VISION INSURANCE 6,371.03 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818361 VISION SERVICE PLAN VISION INSURANCE 2,610.85 5/31/2023 5/31/2023 5/31/2023 5/31/2023 PAYROLL BENEFITS 818361 VISION SERVICE PLAN VISION INSURANCE 186.63 5/31/2023 5/31/2023 5/31/2023 5/31/2023 Sub total of:CORPORATION SHOP 32,447.20
Sub total of:EQUIPMENT REPLACEMENT 148,331.60
Sub total of:GENERAL LIABILITY 72.00
Sub total of:WORKERS COMP 2,236.00
Sub total of:PAYROLL BENEFITS 44,878.70
City of Vallejo
Check Register
Check Cut Date: 05/31/22023
Fund Description Check No. Vendor Name Object Description Amount Check Date 2018-08-15 Check Date - Calc 2018-08-29 Check Date - Calc 2018-08-29 Grand Total: $1,236,315.81
Check # Amount Transaction Date Description
1442 579.44 05/01/2023 Permanent Total
1443 580.00 05/01/2023 Permanent Partial
1444 807.80 05/01/2023 Legal - Attorney's
Fee 1445 468.20 05/01/2023 Permanent Partial
1446 153.35 05/02/2023 Legal - Attorney's
Fee 1447 179.34 05/02/2023 Pharmacy
1448 1,200.00 05/03/2023 Physician Visits
1449 21.00 05/03/2023 Misc Allocated
Expense - All 1450 6,090.00 05/04/2023 Compromised
Unspecific 1451 33,075.00 05/04/2023 Use only to pay
medical 1452 51,156.43 05/04/2023 Compromised
Unspecific 1453 90,000.00 05/04/2023 Use only to pay
medical 1454 580.00 05/04/2023 Permanent Partial
1455 580.00 05/04/2023 Permanent Partial
1456 580.00 05/04/2023 Permanent Partial
1457 175.44 05/04/2023 Pharmacy
1458 71.72 05/04/2023 Pharmacy
1459 580.00 05/04/2023 Permanent Partial
1460 580.00 05/04/2023 Permanent Partial
1461 2,133.44 05/04/2023 Death benefit - all
states 1462 3,238.30 05/04/2023 Temporary Total
1463 2,380.46 05/04/2023 Temporary Total
1464 2,608.30 05/04/2023 Temporary Total
1465 580.00 05/04/2023 Permanent Partial
1466 580.00 05/04/2023 Permanent Partial
1467 580.00 05/04/2023 Permanent Partial
1468 580.00 05/04/2023 Permanent Partial
1469 580.00 05/04/2023 Permanent Partial
1470 1,404.00 05/05/2023 Surgery
1470 558.72 05/05/2023 Physical therapy
1471 33.12 05/05/2023 Chiropractic Care
1472 212.46 05/05/2023 Physical therapy
1472 96.72 05/05/2023 Physical therapy
1473 137.08 05/05/2023 Physical therapy
1473 165.11 05/05/2023 Physical therapy
1473 165.11 05/05/2023 Physical therapy
1473 178.97 05/05/2023 Physical therapy
1473 176.95 05/05/2023 Physical therapy
1474 50.11 05/05/2023 Pharmacy
1475 532.82 05/05/2023 Physician Visits
City of Vallejo
Transaction Register
from 5/1/2023 to 5/31/2023
1476 1,539.00 05/05/2023 Legal - All other
fees 1477 819.92 05/05/2023 Physician Visits
1478 11.62 05/05/2023 Chiropractic Care
1478 95.71 05/05/2023 Chiropractic Care
1479 192.50 05/05/2023 Diagnostic Testing
1480 82.50 05/05/2023 Pharmacy
1481 490.34 05/08/2023 Physician Visits
1481 95.58 05/08/2023 Physician Visits
1482 415.77 05/08/2023 Diagnostic Testing
1483 96.72 05/08/2023 Physical therapy
1484 488.04 05/08/2023 Physician Visits
1485 826.25 05/08/2023 Diagnostic Testing
1486 776.79 05/08/2023 Physician Visits
1486 460.90 05/08/2023 Hospital Services -
InPatient 1487 1,123.25 05/08/2023 Legal - Attorney's
Fee 1488 46.81 05/08/2023 Diagnostic Testing
1489 580.00 05/09/2023 Permanent Partial
1490 398.71 05/09/2023 Pharmacy
1491 11.03 05/10/2023 Diagnostic Testing
1492 322.97 05/10/2023 Physician Visits
1493 174.84 05/10/2023 Physician Visits
1494 580.00 05/10/2023 Permanent Partial
1495 96.94 05/10/2023 Claimants mileage
1496 2,332.06 05/10/2023 Durable medical
equipment. 1496 1,026.36 05/10/2023 Durable medical
equipment. 1497 462.75 05/10/2023 Legal - Attorney's
Fee 1497 3,653.75 05/10/2023 Legal - Attorney's
Fee 1497 608.00 05/10/2023 Legal - All other
fees 1497 722.45 05/10/2023 Legal - All other
fees 1498 1,015.00 05/10/2023 Legal - Attorney's
Fee 1499 230.00 05/11/2023 Legal - Expenses
including 1500 753.21 05/11/2023 Physical therapy
1501 2,873.05 05/11/2023 Legal - Attorney's
Fee 1501 285.00 05/11/2023 Legal - Attorney's
Fee 1501 724.60 05/11/2023 Legal - Attorney's
Fee 1501 2,527.60 05/11/2023 Legal - Attorney's
Fee 1501 133.00 05/11/2023 Legal - Attorney's
Fee 1501 608.00 05/11/2023 Legal - Attorney's
Fee 1501 1,255.20 05/11/2023 Legal - Attorney's
Fee 1501 228.75 05/11/2023 Legal - Attorney's
Fee 1502 865.44 05/11/2023 Physician Visits
1502 383.50 05/11/2023 Physician Visits
1503 151.68 05/11/2023 Chiropractic Care
1504 302.50 05/11/2023 Claimants mileage
1505 3,317.79 05/11/2023 Legal - All other
fees 1505 375.00 05/11/2023 Legal - All other
fees 1505 2,000.00 05/11/2023 Legal - All other
fees
1505 950.00 05/11/2023 Legal - All other
fees 1506 113.37 05/12/2023 Physical therapy
1507 2,000.00 05/12/2023 Diagnostic Testing
1508 501.75 05/12/2023 Durable medical
equipment. 1509 190.45 05/12/2023 Legal - Attorney's
Fee 1510 4,154.00 05/12/2023 Compromised
Claimant 1511 1,732.80 05/12/2023 Temporary Total
1512 23,541.00 05/12/2023 Compromised
Permanent 1513 336.12 05/15/2023 Diagnostic Testing
1514 1,470.00 05/15/2023 Legal - Attorney's
Fee 1514 132.50 05/15/2023 Legal - Attorney's
Fee 1515 161.09 05/15/2023 Physician Visits
1516 117.90 05/15/2023 Durable medical
equipment. 1517 503.75 05/15/2023 Applicant's Medical
1518 579.44 05/16/2023 Permanent Total
1519 580.00 05/16/2023 Permanent Partial
1520 2,133.44 05/16/2023 Death benefit - all
states 1521 580.00 05/16/2023 Permanent Partial
1522 580.00 05/16/2023 Permanent Partial
1523 157.50 05/16/2023 Legal - Attorney's
Fee 1524 343.25 05/16/2023 Copying medical
records 1525 114.00 05/16/2023 Legal - Attorney's
Fee 1526 100.42 05/16/2023 Pharmacy
1527 10.48 05/16/2023 Pharmacy
1527 203.70 05/16/2023 Pharmacy
1528 42.61 05/16/2023 Pharmacy
1529 113.37 05/17/2023 Physical therapy
1530 181.00 05/17/2023 Physical therapy
1531 374.85 05/17/2023 All medical
treatment other 1532 345.00 05/17/2023 Utilization review - CA 1532 345.00 05/17/2023 Legal - Attorney's
Fee 1532 345.00 05/17/2023 Utilization review -
CA 1532 345.00 05/17/2023 Utilization review -
CA 1533 2,829.76 05/17/2023 Pharmacy
1533 294.45 05/17/2023 Pharmacy
1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 5.00 05/17/2023 Bill Review Fee
LAE 1534 47.50 05/17/2023 Bill Review Fee
LAE 1534 10.67 05/17/2023 Bill Review Fee
LAE 1534 9.26 05/17/2023 Bill Review Fee
LAE 1534 9.23 05/17/2023 Bill Review Fee
LAE 1534 5.00 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 25.86 05/17/2023 Bill Review Fee
LAE 1534 8.73 05/17/2023 Bill Review Fee
LAE 1534 10.86 05/17/2023 Bill Review Fee
LAE 1534 24.02 05/17/2023 Bill Review Fee
LAE
1534 25.86 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 11.95 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 24.02 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 10.67 05/17/2023 Bill Review Fee
LAE 1534 11.22 05/17/2023 Bill Review Fee
LAE 1534 10.30 05/17/2023 Bill Review Fee
LAE 1534 10.83 05/17/2023 Bill Review Fee
LAE 1534 11.20 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 21.56 05/17/2023 Bill Review Fee
LAE 1534 25.75 05/17/2023 Bill Review Fee
LAE 1534 16.24 05/17/2023 Bill Review Fee
LAE 1534 27.30 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.73 05/17/2023 Bill Review Fee
LAE 1534 306.34 05/17/2023 Bill Review Fee
LAE 1534 300.00 05/17/2023 Bill Review Fee
LAE 1534 8.91 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 16.59 05/17/2023 Bill Review Fee
LAE 1534 11.19 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 8.70 05/17/2023 Bill Review Fee
LAE 1534 10.71 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 9.89 05/17/2023 Bill Review Fee
LAE 1534 8.83 05/17/2023 Bill Review Fee
LAE 1534 8.74 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE 1534 11.19 05/17/2023 Bill Review Fee
LAE 1534 24.28 05/17/2023 Bill Review Fee
LAE 1534 9.89 05/17/2023 Bill Review Fee
LAE 1534 8.77 05/17/2023 Bill Review Fee
LAE 1534 9.13 05/17/2023 Bill Review Fee
LAE 1534 14.40 05/17/2023 Bill Review Fee
LAE 1534 8.50 05/17/2023 Bill Review Fee
LAE
1534 16.66 05/17/2023 Bill Review Fee
LAE 1535 580.00 05/18/2023 Permanent Partial
1536 13.78 05/18/2023 Pharmacy
1537 202.89 05/18/2023 Physician Visits
1537 211.85 05/18/2023 Physician Visits
1538 468.20 05/18/2023 Permanent Partial
1539 76.21 05/19/2023 Chiropractic Care
1539 76.21 05/19/2023 Chiropractic Care
1540 88.75 05/19/2023 Durable medical
equipment. 1541 1,619.15 05/19/2023 Temporary Total
1542 147.80 05/19/2023 Physician Visits
1543 580.00 05/19/2023 Permanent Partial
1544 580.00 05/19/2023 Permanent Partial
1545 580.00 05/19/2023 Permanent Partial
1546 580.00 05/19/2023 Permanent Partial
1547 580.00 05/19/2023 Permanent Partial
1548 580.00 05/19/2023 Permanent Partial
1549 580.00 05/19/2023 Permanent Partial
1550 1,732.80 05/19/2023 Temporary Total
1551 2,380.46 05/19/2023 Temporary Total
1552 2,608.30 05/19/2023 Temporary Total
1553 104.66 05/19/2023 Chiropractic Care
1553 104.66 05/19/2023 Chiropractic Care
1553 104.66 05/19/2023 Chiropractic Care
1554 505.00 05/19/2023 Utilization review -
CA 1555 580.00 05/22/2023 Permanent Partial
1556 650.00 05/22/2023 Applicant's Medical
1557 649.08 05/22/2023 Physician Visits
1558 78.39 05/22/2023 Diagnostic Testing
1559 218.38 05/22/2023 Chiropractic Care
1560 507.50 05/22/2023 Legal - Attorney's
Fee 1561 511.06 05/22/2023 Durable medical
equipment. 1561 502.14 05/22/2023 Physical therapy
1562 76.75 05/22/2023 Legal - All other
fees 1563 1,121.00 05/22/2023 Legal - Attorney's
Fee 1563 76.75 05/22/2023 Legal - Attorney's
Fee 1564 68.99 05/22/2023 Pharmacy
1565 188.64 05/22/2023 Claimants mileage
1566 113.37 05/23/2023 Physical therapy
1567 345.00 05/23/2023 Utilization review -
CA 1567 345.00 05/23/2023 Utilization review -
CA 1567 345.00 05/23/2023 Utilization review -
CA 1568 158.59 05/24/2023 Physician Visits
1569 681.03 05/24/2023 Physician Visits
1570 91.36 05/24/2023 Physician Visits
1571 31.67 05/24/2023 Pharmacy
1572 20.33 05/24/2023 Pharmacy
1573 55.68 05/25/2023 Pharmacy
1573 93.70 05/25/2023 Pharmacy
1573 7.69 05/25/2023 Pharmacy
1573 8.74 05/25/2023 Pharmacy
1574 10.95 05/25/2023 Pharmacy
1575 1,658.81 05/25/2023 Pharmacy
1575 283.85 05/25/2023 Pharmacy
1576 180.42 05/25/2023 Physician Visits
1577 51.09 05/25/2023 Pharmacy
1578 3,500.00 05/25/2023 All medical
treatment other 1579 396.02 05/26/2023 Diagnostic Testing 1580 154.46 05/26/2023 Physician Visits
1581 16.22 05/26/2023 Pharmacy
1581 194.69 05/26/2023 Pharmacy
1582 3,238.30 05/26/2023 Temporary Total
1583 230.00 05/30/2023 Copying medical
records 1583 75.00 05/30/2023 Copying medical
records 1584 33.12 05/30/2023 Chiropractic Care
1585 48.75 05/30/2023 Diagnostic Testing
1585 630.75 05/30/2023 Diagnostic Testing
1586 9.59 05/30/2023 Pharmacy
1586 320.29 05/30/2023 Pharmacy
1586 275.45 05/30/2023 Pharmacy
1586 12.44 05/30/2023 Pharmacy
1586 7.69 05/30/2023 Pharmacy
1587 437.50 05/30/2023 Legal - Attorney's
Fee 1587 404.10 05/30/2023 Legal - Attorney's
Fee 1588 1,508.25 05/30/2023 Applicant's Medical
1589 59.94 05/30/2023 Durable medical
equipment. 1590 95.73 05/30/2023 Pharmacy
1590 21.69 05/30/2023 Pharmacy
1590 860.18 05/30/2023 Pharmacy
1591 396.02 05/31/2023 Diagnostic Testing
1592 5,800.00 05/31/2023 Durable medical
equipment. 1593 594.02 05/31/2023 Durable medical
equipment. 1594 1,196.12 05/31/2023 Pharmacy
1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE 1595 5.00 05/31/2023 Bill Review Fee
LAE
334,186.91
Date Paid Allocation Amount Document Number Payee Name
05/01/2023 $1,510.00 12665 Tom Bates
05/04/2023 $899.00 12666 Fritz Pierre-Louis
05/08/2023 $22,408.47 12675 Colantuono, Highsmith & Whatley, PC 05/08/2023 $30,000.00 12676 Law Offices of John L. Burris 05/08/2023 $1,465.50 12670 Allen, Glaessner, Hazelwood & Werth, LLP 05/08/2023 $131.25 12671 Allen, Glaessner, Hazelwood & Werth, LLP 05/08/2023 $1,000.00 12668 David Seidenwurm, MD
05/08/2023 $518.75 12667 Breanna Pozzi
05/08/2023 $1,545.94 12669 First Legal Deposition Services LLC 05/08/2023 $560.00 12672 Allen, Glaessner, Hazelwood & Werth, LLP 05/08/2023 $8,631.44 12673 Best Best & Krieger Attorney at Law 05/08/2023 $18,406.12 12674 Best Best & Krieger Attorney at Law 05/11/2023 $18.82 12677 Sedgwick Indexing
05/11/2023 $18.82 12677 Sedgwick Indexing
05/12/2023 $824.90 12680 PORTER SCOTT A Professional Corporation 05/12/2023 $115.00 12681 PORTER SCOTT A Professional Corporation 05/12/2023 $1,321.50 12678 Liebert Cassidy Whitmore
05/12/2023 $3,200.50 12679 Liebert Cassidy Whitmore
05/15/2023 $726.00 12682 Samuel Aguirre
05/16/2023 $459,305.29 12683 California Joint Powers Risk Management 05/18/2023 $18.82 12685 Sedgwick Indexing
05/18/2023 $589.63 12684 Shawny Williams
05/23/2023 $344.08 12686 Renato Maiquez
05/24/2023 $13,923.89 12687 Bi-Bett
05/30/2023 $4,439.00 12689 Angelo, Kilday & Kilduff
05/30/2023 $3,082.00 12688 Angelo, Kilday & Kilduff
05/30/2023 $1,092.00 12690 Bertrand, Fox & Elliot
05/30/2023 $3,861.83 12692 Best Best & Krieger Attorney at Law 05/30/2023 $156.00 12691 Bertrand, Fox & Elliot
05/31/2023 $62,077.24 12693 Colantuono, Highsmith & Whatley, PC 05/31/2023 $61,607.28 12694 Colantuono, Highsmith & Whatley, PC $703,799.07
City of Vallejo (Liability)
Financial Register
Paid Date from 5/1/23 to 5/31/23 as of 5/30/23
Sedgwick Copyright © 2023 All rights reserved. This document is provided for informational purposes only.
CONSENT CALENDAR 8.D.
DATE: July 25, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
Sidney Wilson, Administrative Anaylst
SUBJECT: ADOPT RESOLUTION AMENDING FISCAL YEAR 2023-2024 FUND 221, CAPITAL GRANTS AND CONTRIBUTIONS BUDGET, PROJECT # BSCC24, TO
APPROPRIATE $1,424,000 FOR THE BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 GRANT AWARD (STEP 2 OF 2)
RECOMMENDATION
Adopt a resolution amending the FY 2023-24 revenue and expenditures budget for Fund 221, Capital Grants and Contributions Fund, Project #BSCC24 in the amount of $1,424,000 due to the 2022-2023 Board of State and Community Corrections Proposition 64 Grant Program award.
REASONS FOR RECOMMENDATION
The City applied for the 2022-2023 Board of State and Community Corrections Proposition 64 Grant program and was awarded an allocation total in the amount of $1,424,000.
Per City Charter Section 703, amending the budget requires public notice of intent prior to any action taken.
The public was notified during the July 11, 2023 City Council meeting. This is the second step with a recommendation to amend the budget to reflect the revenues and where the funds will be allocated.
BACKGROUND AND DISCUSSION
The Board of State and Community Corrections (BSCC) was established in statute effective July 1, 2012, to serve as an independent body providing leadership and technical assistance to the adult and juvenile criminal justice systems.
Revenue and Taxation Code, Section 34019, subd. (f)(3)(C) states the BSCC is to provide grant funds to local governments that assist with law enforcement, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act.
In 2019, language in the Revenue and Taxation Code (RTC) prohibited the BSCC from making grants to any local governments that have banned all indoor and outdoor cultivation, including personal cultivation, or retail sale of marijuana or marijuana products.
However, in 2020 with the passage of Assembly Bill (AB) 1872, eligibility for Proposition 64 Public Health & Safety (Prop 64 PH&S) Grant funding solicitations has been broadened. RTC, Section 34019, subd. (f)(3)(C) now allows local governments to apply for this funding through the BSCC if they do not ban both indoor and outdoor commercial cannabis cultivation, or ban the retail sale of cannabis or cannabis products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.
Project Summary
Vallejo’s City Council has highlighted the City’s youth as a top priority. Youth under the age of 18 represent Date: July 25, 2023
Subject: ADOPT RESOLUTION AMENDING FISCAL YEAR 2023-2024 FUND 221, CAPITAL GRANTS AND CONTRIBUTIONS BUDGET, PROJECT # BSCC24, TO
APPROPRIATE $1,424,000 FOR THE BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 GRANT AWARD (STEP 2 OF 2)
21% of a growing population of 126,090 residents (Census 2021). Retail cannabis dispensaries (RCDs) have raised considerable concerns regarding underage access and exposure to marijuana products and influential marketing. There are eleven authorized retail operators located within Vallejo that are currently in compliance with the City's Municipal Code.
In response, the City of Vallejo proposes a Youth Prevention and Opportunity Program that will reach high-risk youth ages 13-20 in targeted disadvantaged neighborhoods to provide evidence-based promising intervention through earn and learn work-experience and employment opportunities in Green Jobs, along with substance abuse education workshops, and mentoring. The grant will fund a Drug Prevention and Intervention Counselor that will coordinate drug education support services with the Vallejo Unified School District. Public health and safety will be addressed with dedicated outreach and clean-up activity for identified hot spots through youth recruited and/or referred from the VUSD and the public.
In addition, Communications Dispatch and Code Enforcement programs will be bolstered to enhance program efforts to deter youth from drug use/trafficking activity, trespassing, and loitering in and near vacant buildings and low visibility areas. Security cameras will also be installed at key locations to help alleviate concerns.
Further, the grant will fund employment activities conducted through the Youth Employment and Delinquency Prevention Program sponsored by a partnering entity. To help offset increasing drug abuse, gang activity, trafficking, and subsequent gun violence at younger ages in the community, the City of Vallejo will involve organizations such as Advance Peace, a focused deterrence group, to extend outreach and mentoring to youth to counteract rising drug abuses and gun violence in the community.
The described project is designed to improve youth outcomes with the hope that the general program can extend beyond the grant term with community involvement, work experience, and exposure to career opportunities.
FISCAL IMPACT
If approved, the City will allocate a revenue and expenditure budget of $1,424,000 from BSCC over a period of five years. No match is required for this grant.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Prop 64 Reso to Amend FY 23-24 Budget CAO Stamp
CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]
RESOLUTION NO. ______ N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING FISCAL YEAR 2023-2024 FUND 221, CAPITAL GRANTS AND CONTRIBUTIONS BUDGET, PROJECT # BSCC24, TO APPROPRIATE $1,424,000 FOR THE BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 GRANT AWARD
WHEREAS, the Board of State and Community Corrections offers various programs to assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA); and
WHEREAS, the City of Vallejo desires to participate in the Proposition 64 Public Health and Safety Grant Program funded through the California State and Local Government Law Enforcement Account and administered by the Board of State and Community Corrections; and WHEREAS, the City applied for a Proposition 64 grant under the BSCC for FY 2022-23 and was awarded up to $1,424,000 with no matching funding required; and WHEREAS, the City Council provided notice of the intent to amend the FY 2023-24 budget on July 11, 2023.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Vallejo does hereby approve the amendment of the FY 2023-24 revenue and expenditures budget for Fund 221, Capital Grants and Contributions Fund, Project # BSCC24 in the amount of $1,424,000; and BE IT FURTHER RESOLVED, that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and
BE IT FURTHER RESOLVED, that the City of Vallejo agrees to abide by the terms and conditions of the grant agreement set forth by the BSCC.
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 27, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ROBERT MCCONNEL, MAYOR
________________________________
ATTEST: DAWN ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.E.
DATE: July 25, 2023
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT RESOLUTION AMENDING FISCAL YEAR 2023-2024 BUDGET, FUND 221, CAPITAL GRANTS AND CONTRIBUTIONS, PROJECT # CIIG24 TO APPROPRIATE INFILL INFRASTRUCTURE GRANT PROGRAM (IIG) FUNDS IN THE AMOUNT OF $2,559,656 TO BE USED FOR IMPLEMENTATION OF THE GRANT (STEP 2 OF 2)
RECOMMENDATION
Adopt a resolution to amend the Fiscal Year 2023-2024, Fund 221, Capital Grant & Contribution, Project CIIG24 budget to appropriate Infill Infrastructure Grant (IIG) Program grant funds for $2,559,656 to be used for the implementation of the grant.
REASONS FOR RECOMMENDATION
This budget appropriation of $2,559,656 will allow the City to utilize the funds for Infill Infrastructure Grant (IIG) Program grant award for the Broadway Project
BACKGROUND AND DISCUSSION
The Department of Housing and Community development (HCD) issued notice on June 16, 2022 of the “2022 Notice of Funding Availability Large Jurisdiction Set Aside and Qualifying Infill Areas” or “IIG of 2019 NOFA”.
The objective of the IIG program is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of, or necessary to facilitate the development of affordable and mixed income housing.
City of Vallejo Staff, with its project Partner, Firm Foundation Community Housing, submitted an application to HCD on August 25, 2022 and received the award letter for the amount of $2,559,656 on May 2, 2023. This funding will be used for the construction of the Broadway Project.
Project and Partners
The Broadway Project is a 48-unit permanent supportive modular housing project designed to house chronically homeless individuals. If awarded, the City would help bring this project to fruition within eight months in partnership with Firm Foundation Community Housing, Shelter, Inc., and Factory OS. The project will include a community room, courtyard, and access to a rooftop deck. On-site supportive services will be client-centered, strengths-based, and trauma-informed to help participants with goal setting, life skills, financial literacy, budgeting, needs assessments, and connections to benefits and community resources.
Developer
Firm Foundation Community Housing (FFCH) is the non-profit development partner leading this project. Its mission is to end involuntary homelessness and create real solutions to the housing crisis. The non-profit is based in Castro Valley but has experience in other Bay Area cities, including San Leandro, Livermore, Hayward, and East Palo Alto. They currently have projects underway in Concord, Walnut Creek, Antioch, and other cities, including two Homekey projects with the City of Hayward.
Date: July 25, 2023
Subject: ADOPT RESOLUTION AMENDING FISCAL YEAR 2023-2024 BUDGET, FUND 221, CAPITAL GRANTS AND CONTRIBUTIONS, PROJECT # CIIG24 TO APPROPRIATE
INFILL INFRASTRUCTURE GRANT PROGRAM (IIG) FUNDS IN THE AMOUNT OF $2,559,656 TO BE USED FOR IMPLEMENTATION OF THE GRANT (STEP 2 OF 2)
Firm Foundation Community Housing has been working with Factory OS and the architecture firm, DAHLIN GROUP, on the project's design. The modular housing units will be manufactured by Factory OS on Mare Island and installed/built by Cannon Constructors.
Service Provider and Operator
Shelter, Inc. has been designated as the project's proposed owner and operator. Shelter, Inc. is a non-profit dedicated to preventing and ending homelessness for low-income, homeless, and disadvantaged families and individuals by providing housing, services, support, and resources that lead to self-sufficiency. They are an experienced provider that operates in Contra Costa County, Solano County, and Sacramento County.
Shelter, Inc. provides services and programs, including eviction prevention, COVID rental assistance, interim housing, long-term housing, and low-income housing. This includes a range of supportive services for participants, such as case management and employment assistance.
At a Council meeting on June 27, 2023 City Council approved the adoption of a resolution accepting the California Department of Housing and Community Development Infill Infrastructure Grant (IIG) Program award in the amount of $2,559,656 for the Broadway Project and authorizing the City Manager to execute all documents necessary and appropriate to accept and expend the IIG Program funds.
On July 11, 2023 City staff came to City Council to provide Step 1 of a 2 step process to Provide Notice of Intent to amend the Fiscal Year 2023-2024 Budget to recognize the Infill Infrastructure Grant (IIG) Program grant revenues in the amount of $2,559,656 and appropriate expenditures in the amount of $2,559,656.
FISCAL IMPACT
Approval of this item will increase Fiscal year 2023-2024, Fund 221, Capital Grant & Contribution, Project CIIG24 revenues and expenditures by $2,559,656.
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.
ATTACHMENTS
1. IIG Budget Amendment Resolution CAO Stamp
CONTACT
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
RESOLUTION NO. 23- ________
A RESOLUTION OF THE VALLEJO CITY COUNCIL AMENDING THE FUND 221, CAPITAL GRANT AND CONTRIBUTION BUDGET, PROJECT # CIIG24 FOR FISCAL YEAR 2023-2024 TO INCREASE REVENUES AND EXPENDITURES IN THE AMOUNT OF $2,559,656 FOR
THE BROADWAY PROJECT
WHEREAS, the California Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability, dated June 16, 2022, (the “2022 Notice of Funding Availability Large Jurisdiction Set Aside and Qualifying Infill Areas” or “IIG of 2019 NOFA”) (“NOFA”); and
WHEREAS, on August 25, 2022, the City of Vallejo (“City”) applied for an allocation of funds through the IIG Program for Broadway Project, a project to develop infrastructure in support of affordable housing under the above-described NOFA; and
WHEREAS, through an award letter dated May 12, 2023, the Department informed the City it had been granted a conditional award in the amount of $2,559,656 through IIG Program for the Broadway Project; and
WHEREAS, at its regular meeting held on July 11, 2023, notice of intent to amend the budget for Fiscal Year 2023-2024 to recognize the Infill Infrastructure Grant (IIG) Program revenue and authorize the expenditure pf funding for the Broadway Project was provided by the City Council.
NOW THEREFORE BE IT RESOLVED that the City Council hereby amends the Fiscal Year 2023-2024 Fund 221, Capital Grant and Contribution Budget, Project # CIIG24 by increasing revenues and expenditures in the amount of $2,559,656 received from the Infill Infrastructure Grant (IIG) Program grant award for the Broadway Project.
Adopted by the Council of the City of Vallejo at a special meeting held on July 25, 2023 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.F.
DATE: July 25, 2023
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Oscar Alcantar, Assistant Public Works Director-Maintenance SUBJECT: ADOPT A RESOLUTION APPROVING A CONTRACT WITH LISTER CONSTRUCTION, INC. IN THE AMOUNT OF $95,000 FOR AS NEEDED CONCRETE WORK WITHIN THE
CITY OF VALLEJO
RECOMMENDATION
Adopt a resolution approving a contract with Lister Construction, Inc., in the amount of $95,000 for as-needed concrete work within the City of Vallejo.
REASONS FOR RECOMMENDATION
This work is a continuation of the City’s efforts to enhance and reconstruct its existing infrastructure.
BACKGROUND AND DISCUSSION
Staff recognized a need for concrete work throughout the City of Vallejo. On May 8, 2023, quotes were solicited for as-needed concrete work including, but not limited to, installation and finish work for curbs, gutters, driveways, ADA ramps and flat work.
Quotes were received from three different vendors; Maher Concrete, Elizalde Construction and Lister Construction. Lister Construction had the lowest cost.
Staff recommends approving a short form contract with Lister Construction for as needed concrete work within the City of Vallejo for an amount up to $95,000.
Lister Construction responded to a previous Invitation to Bid on the Sidewalk and Crosswalk Pedestrian Improvements Project to complete concrete work at specific project locations. Contract #23-PW035 for an amount not-to-exceed $300,000 was awarded to Lister Construction for that project.
Approval of this item will authorize the City Manager to execute a new, separate contract with Lister Construction.
FISCAL IMPACT
Funding for services will be through Council approved operations and/or capital outlay budget. Continuation of the contract into fiscal years subsequent to that in which it is approved is contingent on the appropriation of funds for such purpose by the City Council.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it consists of repair, maintenance, rehabilitation and minor alteration of existing facilities, including sidewalks, pursuant to CEQA Guideline section 15301(c).
Date: July 25, 2023
Subject: ADOPT A RESOLUTION APPROVING A CONTRACT WITH LISTER CONSTRUCTION, INC. IN THE AMOUNT OF $95,000 FOR AS NEEDED CONCRETE WORK WITHIN
THE CITY OF VALLEJO
ATTACHMENTS
1. Reso - Lister Construction - As Needed Concrete Work_CAO Stamp
2. Ex. A - Lister - PW Short Form Const Contract - Concrete Work _CAO Stamp
CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SHORT FORM CONTRACT WITH LISTER CONSTRUCTION, INC. IN THE AMOUNT OF $95,000 FOR AS NEEDED
CONCRETE WORK WITHIN THE CITY
WHEREAS, the City has a need for concrete work throughout the City of Vallejo; and WHEREAS, on May 8, 2023, quotes were solicitated for as-needed concrete work including, but not limited to, installation and finish work for curbs, gutters, driveway, ADA ramps and flat work; and WHEREAS, quotes with unit costs were received from three different vendors, Maher Concrete, Elizalde Construction and Lister Construction; and
WHEREAS, Lister Construction had the lowest costs and was chosen to complete the as needed work.
NOW THEREFORE BE IT RESOLVED that the City Council hereby approves the Short Form Contract with Lister Construction, Inc., attached hereto as Exhibit A and incorporated by reference, in the amount of $95,000 for as needed concrete work throughout the City of Vallejo and authorizes the City Manager to execute same.
Adopted by the City Council of the City of Vallejo at a regular meeting held on July 25, 2023, 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 48
AS NEEDED CONCRETE WORK
SHORT FORM CONTRACT
THIS CONTRACT, made and entered into this 26th day of July, 2023 between City of Vallejo, a municipal corporation, hereinafter referred to as City, and Lister Construction, Inc., a California corporation, hereinafter referred to as Contractor;
WITNESSETH:
WHEREAS, in accordance with applicable law the City did solicit quotes for the performance of certain work; and,
WHEREAS, Contractor, in response to such solicitation, submitted to the City within the time specified in said solicitation, and in the manner provided for therein, a proposal for the performance of the work specified in said solicitation; and,
WHEREAS, City and Contractor now desire to enter into a Contract for the performance of said work.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
Contractor to perform as needed concrete work at various locations in the city, as specified Exhibit A of this agreement.
Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the Contract Documents.
The following documents constitute the Contract Documents:
(a) Drawings – Vallejo Standard Detail 3-08 to 3-17 and 3-22 to 3-27; (b) Short Form Contract;
(c) Exhibit A to Short Form Contract, Technical Specifications-Scope of Work; (d) Exhibit B to Short Form Contract, Compensation;
(e) City of Vallejo Short Form General Conditions;
(f) Faithful Performance Bond;
(g) Payment Bond;
(h) Change Orders approved by Engineer;
(i) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(j) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(k) Vallejo Sanitation and Flood Control District Master Bid Document, dated March 2007; (l) Any other documents identified as such in the Contract Documents.
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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 Public Works Director, or his/her representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with the Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor that is not, either in workmanship or material, in strict accordance with the Contract Documents.
Upon condition the Contractor faithfully performs its obligations herein, City shall pay Contractor the sums set forth in Exhibit B - Compensation, hereto, in accordance with all of the terms and conditions of the Contract Documents.
The term of this Agreement shall commence on July 26, 2023 and shall continue in full force and effect until June 30, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Contractor. The total duration of this Agreement, including the exercise of any options under this section, shall not extend past June 30, 2026.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
[SIGNATURES ON FOLLOWING PAGE]
City of Vallejo – Short Form Contract Page 3 of 48
IN WITNESS WHEREOF, City and Contractor have caused this Contract to be signed as of the day and year first above written.
LISTER CONSTRUCTION, INC.,
A California corporation
By:
Walter C. Lister
Title: _President/ CEO_______
Date: ____________________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Michael Malone, City Manager
Date: ____________________________
Attest:
By:
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
City of Vallejo – Short Form Contract Page 4 of 48
CITY OF VALLEJO
SHORT FORM GENERAL CONDITIONS
1. BASIC DEFINITIONS:
A. "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.
B. "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.
C. "Contract Sum" means the total compensation specified in Exhibit B-Cost of the Work, to be paid to Contractor.
D. "Contract Time" means the number of days within which the full completion of all of Contractor's work must be achieved.
E. The term "Contractor" means the person or firm identified as such in the Contract, or its authorized representative.
F. The term "day" means calendar day unless otherwise specified.
G. 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 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 represent only an opinion of the City as to the character of the materials 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.
Contractor, prior to submitting its bid proposal, and each subcontractor regardless of tier, shall have completely investigated and tested the site of the work and completely examined the Contract Documents, and shall have satisfied itself as to all aspects of the work, requirements of the project and character, quality, and quantity of the surface and subsurface materials or City of Vallejo – Short Form Contract Page 5 of 48
obstacles to be encountered in its work. The submission of a Bid Form shall be conclusive evidence that: the Contractor 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 Contractor’s bid 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.
4. DIFFERING SITE CONDITIONS: 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:
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 City of Vallejo – Short Form Contract Page 6 of 48
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 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 City of Vallejo – Short Form Contract Page 7 of 48
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.
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
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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.
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.
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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’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 City of Vallejo – Short Form Contract Page 10 of 48
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.
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.
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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.
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 City of Vallejo – Short Form Contract Page 12 of 48
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 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 City of Vallejo – Short Form Contract Page 13 of 48
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 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 City of Vallejo – Short Form Contract Page 14 of 48
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 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 City of Vallejo – Short Form Contract Page 15 of 48
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 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, City of Vallejo – Short Form Contract Page 16 of 48
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;
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
City of Vallejo – Short Form Contract Page 17 of 48
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 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.
City of Vallejo – Short Form Contract Page 18 of 48
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 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 City of Vallejo – Short Form Contract Page 19 of 48
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 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.
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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 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 City of Vallejo – Short Form Contract Page 21 of 48
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 22 of 48
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE 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:
AS NEEDED CONCRETE WORK
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
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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 – Short Form Contract Page 24 of 48
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE 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:
AS NEEDED CONCRETE WORK
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 California Civil Code, commencing with Section 9550, 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.
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This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 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
City of Vallejo – Short Form Contract
EXHIBIT A - TECHNICAL SPECIFICATIONS
PART 1 GENERAL
1.01 SCOPE OF WORK
As needed concrete work including but not limited to the installation of forms, rebar, expansion felt wherever required and finish work for curb & gutter, driveway approach, ADA ramps and sidewalk flat work.
All concrete work must meet City of Vallejo specifications. All jobs will be at prevailing wage. The City of Vallejo will perform all demo, subgrade work and any re-pavement back to finished concrete. Contractor mush be registered with Department of Industrial Relations.
Work assignments shall begin within ten (10) business days of Contractor’s receipt of City’s Notice to Proceed and shall be completed within a reasonable time thereafter.
1.02 LOCATION OF WORK
Various locations within the City of Vallejo including Hiddenbrooke.
PART 2 MATERIALS
2.01 The Contractor shall use materials that result in a complete and working project
PART 3 EXECUTION
3.01 REMOVAL OF OBSTRUCTIONS
A. Attention is directed to Sections 7-1.11, "Preservation of Property," 7-1.12, Responsibility for Damage," and 8-1.10, "Utility and Non-Highway Facilities".
Existing roadway improvements and facilities, adjacent property, utility and non-roadway facilities, and trees and plants that are not removed shall be protected from injury or damage resulting from the Contractor's operations.
3.02 DISPOSAL OF EXCAVATED MATERIAL
B. The contractor shall be responsible for making his/her own arrangements for disposing of material outside the City premises or right of way and he/she shall pay all costs involved in connection therewith.
City of Vallejo – Short Form Contract
C. Debris, rubbish, broken concrete from sidewalk or pavement and other articles typical of excavation of sidewalk, curb, gutter, pavement retaining walls, catch basins, man holes and abandoned pipe may be encountered and will become the property of the contractor and shall be removed and disposed of as stated.
D. Material removed shall be disposed of outside the street right of way in accordance with the provisions of Section 7-1.13 of the Standard Specifications. The Contractor shall be responsible for locating a suitable dumpsite approved by the Engineer and for transporting materials for dumping. When material is to be disposed of at a location other than at the local sanitary landfill site, the Contractor shall obtain written authorization from the property owner on whose property the disposal is to be made and he/she shall file with the Engineer said authorization together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property. If the dumpsite is within the City limits, the property owner must obtain a grading permit.
END OF SECTION
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
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
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
City of Vallejo – Short Form Contract
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 Ninety-Five Thousand Dollars ($95,000), 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 Contract Change Order 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, statements, 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 and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) City of Vallejo – Short Form Contract
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 B – ATTACHMENT 1
CONSENT CALENDAR 8.G.
DATE: July 25, 2023
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Oscar Alcantar, Assistant Public Works Director-Maintenance SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
MINI DRIVE PAVING PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $401,715, PLUS CONTINGENCY, TO CONSOLIDATED ENGINEERING INC.
RECOMMENDATION
Adopt a resolution approving the project plans and specifications for the Mini Drive Paving Project and awarding a construction contract in the amount of $401,715, plus contingency, to Consolidated Engineering, Inc.
REASONS FOR RECOMMENDATION
This project is part of the City’s efforts to maintain and enhance its existing infrastructure.
BACKGROUND AND DISCUSSION
The City of Vallejo identified a need to pave a portion of Mini Drive as the pavement surface is in extreme distress. The Pavement Condition Index (PCI) is a numerical index between zero and 100 (where 100 means a newly paved road), which is used to indicate the general condition of a pavement section. The portion of Mini Drive that will be paved has a current PCI of zero.
The City solicited bids from qualified service providers for paving services for the portion of Mini Drive from Sonoma Boulevard to Diana Drive, and from Eliott Drive to Roleen Drive. The project was advertised on April 19, 2023 on the City’s web hosting plan room, Planet Bids. On May 15, 2023, four sealed bids were opened and publicly read by the Deputy City Clerk. The results of the bids for the subject project were as follows:
Bid Order Contractor Total Base Bid
1 Consolidated Engineering, Inc $401,714.85
2 Team Ghilotti, Inc $477,141.00
3 QA Constuctors, Inc $510,131.58
4 Vintage Paving Co, Inc $718,252.00
The lowest apparent responsive and responsible bidder is Consolidated Engineering, Inc., of Valley Springs, California, with a total bid price of $401,714.85. All submitted bid documents appear to be complete, in order, and meet all bid requirements.
Staff recommends awarding a construction contract to Consolidated Engineering, Inc., in the amount of $401,714.85, plus a fifteen percent (15%) contingency, and authorizing the Public Works Director to execute any necessary change orders not exceeding the approved amount.
FISCAL IMPACT
Date: July 25, 2023
Subject: ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
MINI DRIVE PAVING PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $401,715, PLUS CONTINGENCY, TO CONSOLIDATED ENGINEERING INC.
There is no fiscal impact on the General Fund associated with the approval of this item. There are sufficient funds to pay for this project in the Capital Improvement Project PWC109: Street Overlay/Preservation fund (Fund 226) (SB 1 funding).
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(c) because it consists of the repair and maintenance of existing streets and does not result in additional automobile lanes.
ATTACHMENTS
1. Reso - Consolidated Engineering - Pave Mini Drive-CAO Stamp
2. Consolidated Engineering - Paving Mini Drive -Contract_CAO Stamp
3. Location and Vicinity Map_Mini Drive_PWC109
4. VIcinity Map_Mini Drive Pavement Project_PWC109
CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE PLANS AND
SPECIFICATIONS FOR THE MINI DRIVE PAVING PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $401,715 TO CONSOLIDATED ENGINEERING, INC.
WHEREAS, those certain plans and specification for the Mini Drive Paving Project (“Project”) were prepared under the direction of the City Engineer (“Plans and Specification’”) and have been presented to the City Council; and
WHEREAS, the City advertised the Project on April 19, 2023, and on May 15, 2023, publicly opened the four (4) bids that were received; and
WHEREAS, Consolidated Engineering, Inc., a California corporation, submitted the lowest responsive and responsible bid of $401,714.85; and
WHEREAS, there is adequate funding to award the Contract.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the plans and specifications for the Project; and
BE IT FURTHER RESOLVED that an invitation for bids was duly advertised; and BE IT FURTHER RESOLVED by the Council of the City of Vallejo that the bid from Consolidated Engineering, Inc., of Valley Spring, California, was determined to be the lowest responsive and responsible bidder in the amount of $401,714.85 and is hereby accepted and a contract is awarded to said bidder; and BE IT FURTHER RESOLVED that all other bids to-wit:
Team Ghilotti, Inc $477,141.00
QA Constuctors, Inc $510,131.58
Vintage Paving Co, Inc $718,252.00
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; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign an Agreement between the City of Vallejo and Consolidated Engineering, Inc., of Valley Spring, California, in the amount of $401,715, plus a 15% contingency, with any modification recommended by the City Attorney and the City Clerk to attest the signing of that Agreement; and
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the approved contract budget.
Adopted by the City Council of the City of Vallejo at a regular meeting held on July 25, 2023, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
CONTRACT
FOR
MINI DRIVE PAVING PROJECT
THIS CONTRACT (“Contract”) made and concluded in duplicate this 26th day of July, 2023, 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 Consolidated Engineering, Inc., a California Corporation, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the City Council of said City heretofore caused drawings and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said drawings 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 on April 19, 2023; 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 drawings 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 on May 15, 2023; and WHEREAS, Contractor was the lowest responsible Bidder for the performance of said work, and on July 25, 2023, 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 to it 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
In accordance with Exhibit A, the bid documents and the specifications for the project, the work includes furnishing all labor, materials, tax, equipment, incidentals and services for paving those portions of Mini Drive from Sonoma Boulevard to Diana Drive and from Elliott Drive to Roleen Drive.
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 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:
(a) This Contract
(b) Exhibit A - Compensation/Bid Sheet
(c) Exhibit B - Designation of Subcontractors from Bid Documents (d) Exhibit C - Non-Collusion Affidavit For Contractor Or Subcontractor from Bid Documents
(e) Exhibit D - Nondiscrimination Clause from Bid Documents (f) Exhibit E -Faithful Performance Bond
(g) Exhibit F - Payment (Labor And Materials) Bond
(h) Exhibit G – Approved Change Orders
(i) Section A -D : Provisions and Specifications
(j) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2018 edition, Sections 10 through 95, all as modified herein
(k) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition
(l) 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 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 ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
CONSOLIDATED ENGINEERING,
INC.
a California Corporation
By:
Casey Curtin
President
DATE: ____________________
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: ____
Michael Malone
City Manager
DATE: _____
ATTEST:
By:____________________________
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
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE 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:
Paving Mini Drive Project
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
EXHIBIT F
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE 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:
Paving Mini Drive Project
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 California Civil Code, commencing with Section 9550, 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 9100 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 G
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
CONTRACT CHANGE ORDER NO.: DATE:
TO:
PROJECT: Paving Mini Drive Project
FROM: CITY OF VALLEJO
This change order modifies and amends the provisions of that certain Contract dated by and between the City and ________________
(“Contractor”).
REFERENCE: Contract Plans, Sheet No.
or other Plans attached
Contractor is hereby directed to make the following changes to the Work:
By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or underabsorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.
ADJUSTMENT OF CONTRACT TIME OF COMPLETION:
AGREED PRICE:
FORCE ACCOUNT
BASE CONTRACT PRICE:
PREVIOUS CONTRACT CHANGE ORDER:
NEW ADJUSTED CONTRACT PRICE:
EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.
RECOMMENDED:
NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
ACCEPTED AND AGREED
Contractor: DATE
[Type in name and title]
City: DATE
CITY REPRESENTATIVE
Section A
.
SECTION A - SPECIAL PROVISIONS
1. Location of Work - Mini Drive from Sonoma Boulevard to Diana Drive and from Elliott Drive to Roleen Drive, City of Vallejo, County of Solano, State of California.
2. Scope of Work - For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances and services required to completely execute the work as set forth in the Contract Documents. The subdivision of these specifications into divisions is not intended to strictly set forth or limit the scope of any subcontractor and shall not relieve the Contractor of the responsibility for executing all work on the project as a whole.
3. Pre-Construction Conference - The Contractor, City Engineer and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review job schedules, traffic control, affirmative action, and to discuss various other aspects of the work and to clarify procedures.
The Contractor shall submit the following to the City Engineer by the date of the pre-construction conference:
A. Detailed CPM Construction Schedule for review.
B. Detailed Traffic Control Plan for review.
C. Detail Stage Construction and Traffic Handling Plan for review D. All other material or required submittals for review. All submittals shall be in writing.
E. "Notice" to homeowners, residents, commuters and/or affected parties for review.
4. Underground Utilities - The Contractor shall locate all underground obstructions and utilities - gas, electric, water lines, etc. Repair of damage of any utility lines shall be made at the Contractor's expense. See applicable drawings, if any in utility specs.
5. Materials and Tests -The 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.
Section A
6. City Furnished Materials - The City will furnish to the Contractor free of charge for use under these Specifications the following materials: (NOT APPLICABLE)
7. Water – The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $2.15 per unit (100 cu. Ft.) or the most current rate of water used. Water is to be drawn from a Water Division designated fire hydrant after the Contractor has applied to the Water Division for a temporary water meter. A refundable $1,200.00 deposit is required for each temporary water meter at the time of application. There is a non-refundable service charge of $105.00 a month.
The Water Division reserves the right to increase the deposit or service charge at any time without notice.
8 Sequence of Construction to Maintain Traffic -The Contractor must submit a detailed schedule of operations to the Engineer for review and acceptance prior to starting work on the project.
See “Traffic Control” of these special provisions for compensation.
9. Construction Upon Private Property - The Contractor shall note that the work may be required on or 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.
Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.
No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.
10. Watermain Tie-Ins - If a watermain tie-in is required, work shall conform to City Standard Specification Section 4.3.9, "Connecting to Existing main" including, but not limited to the following or as directed by the Engineer:
A. The Contractor is responsible for calling the City Maintenance Division at (707) 648-4529 when they are ready to perform the tie-in, (Maintenance requires 48 hours’ notice). The Maintenance Inspector shall be present before, during, and after the tie-in is completed, to ensure that the trench is completely back filled before the water is turned on. If the Contractor fails to coordinate the tie-in with the Maintenance Inspector, the said tie-in will not be accepted.
Section A
B. If the Contractor schedules a tie-in with the Maintenance Inspector and is not ready for the tie-in on the scheduled date, the Contractor will be charged for the Maintenance Inspector's time, unless, the Contractor cancels the inspection 24 hours in advance.
11. As-Built Drawings - The Contractor will keep up to date at all times, a complete and accurate set of record drawings, which shall be corrected regularly, showing every change from the Contract Documents, including all addenda, Change Orders, job decisions, etc. Upon completion of the work, a set of as-built drawings shall be made by the Contractor after consultation with the project Engineer and all changes noted. All changes shall be neatly and legibly drawn to scale on the set of prints using standard architectural or engineering drafting practices.
12. Hazardous Waste in Excavation – If the Contractor encounters material in excavation, which the contractor has reason to believe may be hazardous waste as defines by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the City Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the City Engineer authorizes it to be resumed. If such suspension delays the current controlling operation by more than one (1) working day, the Contractor shall be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the General Provisions. Upon authorization from the Engineer to proceed, the Contractor shall resume excavation operations per the requirements of the plans and specifications.
If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay as provided in Section 8-1.09, “Right of Way Delays,” of the General Provisions.
The City reserves the right to use other forces for exploratory work to identify and determine the extent of hazardous material and for removing such material.
Section A
Section B
SECTION B - GENERAL PROVISIONS
Section 1: Definitions and Terms
1-1.01 General
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section One. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.
1-1.02 Abbreviations
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
1-1.02A Units of Measurement
These General Provisions contain units in two systems of measurement: units shown in the International System of Units (SI or "metric”) and units in the United States Standard Measures are shown in braces "{}". The Department does not warrant the accuracy of the units shown in United States Standard Measures, and any use of United States Standard Measures is at the sole risk of those agencies and others that specify United States Standard Measures units in their contracts. The measurements expressed in the two systems are not necessarily equal, and items constructed or fabricated in one system are not necessarily interchangeable with items constructed or fabricated in the other system. The project Special Provisions designate the system of units that will apply to Section B
contracts referencing these Standard Specifications.
Some of the symbols for metric units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows. The symbols for other units of measurement used in the Specifications are as defined in ASTM Designation: E-380, or in the various Specifications and test referenced in the Specifications.
Symbols as used in the
Specifications
Symbols as used in the
Engineer's Estimate
Definitions
A — amperes
— EA each
g G gram
kg KG kilogram
ha HA hectare (10 000 m2)
h H hour
J — joule
— LNKM lane kilometer
L L liter
— LS lump sum
m M meter
km KM kilometer
mm MM millimeter
μm — micrometer
nm — nanometer
m2 M2 square meter
m3 M3 cubic meter
N — newton
Nm — newton meter
Ω — ohm
Pa — pascal
kPa — kilopascal
MPa — megapascal
s — second
— STA station (100 m)
— TAB tablet
tonne TONN metric ton (1000 kg)
W — watt
V — volt
Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.
Symbol Used Definitions
Section B
A amperes
EA each
LB pound
ACRE acre
h hour
LNMI lane mile
GAL gallon
LS lump sum
LF linear foot
MI mile
MSYD thousand station yard
SF square foot
CF cubic foot
SY square yard
CY cubic yard
Ω ohm
s second
STA 100 feet
TAB tablet
TON 2,000 pounds
W watt
V volt
MFBM thousand foot board measure
1-1.03 Acceptance
The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing. 1-1.04 (Blank)
1-1.05 Base
A layer of specified material of planned thickness placed immediately below the pavement or surfacing.
1-1.06 Basement Material
The material in excavation or embankments underlying the lowest layer of subbase, base, pavement, surfacing or other specified layer which is to be placed. 1-1.07 Bidder
Section B
Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
1-1.08 Bridge
Any structure, with a bridge number, which carries a utility facility, or railroad, highway, pedestrian or other traffic, over a water course or over or under or around any obstruction. 1-1.085 Conduit
A pipe or tube in which smaller pipes, tubes or electrical conductors are inserted or are to be inserted.
1-1.09 Contract
The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.” 1-1.10 Contractor
The person or persons, firm, partnership, limited liability company, corporation, or combination thereof, private or municipal, who have entered into a Contract with the City of Vallejo, as party or parties of the second part or their legal representatives. 1-1.11 Culvert
Any structure, other than a bridge, which provides an opening under a roadway for drainage or other purposes.
1-1.12 Days
Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days.
1-1.13 Department
The City of Vallejo Department of Public Works.
1-1.14 Detour
A temporary route for traffic around a closed portion of a road.
Section B
1-1.15 Director
The City of Vallejo Department of Public Works Director, or his/her authorized representative.
1-1.16 Divided Highway
A highway with separated traveled ways for traffic, generally in opposite directions. 1-1.17 (Blank)
1-1.18 Engineer
The City of Vallejo, Department of Public Works, Project Engineer, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.
1-1.19 Engineer's Estimate
The list of estimated quantities of work to be performed as contained in the "Proposal Form."
1-1.20 Federal Agencies
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned. 1-1.21 Fixed Costs
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.22 Frontage Road
A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access. 1-1.23 Grading Plane
The surface of the basement material upon which the lowest layer of subbase, base, pavement, surfacing or other specified layer is placed. 1-1.24 Highway
Section B
The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.
1-1.25 Laboratory
Any testing laboratory identified as such by City of Vallejo. 1-1.255 Legal Holidays
Those days designated as City observed holidays specifically:
a) New Year's Day, b) Martin Luther King, Jr. Day, c) President’s Day, d) Memorial Day, e) Independence Day, f) Labor Day, g) Columbus Day, h) Veterans' Day, i) Thanksgiving Day, j) Day after Thanksgiving, k) Christmas Day 1-1.26 Liquidated Damages
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents.
1-1.265 MUTCD or CAMUTCD
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 Median
That portion of a divided highway separating the traveled ways for traffic in opposite directions including inside shoulders.
1-1.275 Office of Structure Design
The State of California Office of Structure Design of the Department of Transportation.
When the Specifications require working drawings to be submitted to the State Office of Structure Design, the drawings shall be submitted to: Office of Structure Design, Documents Unit, Mail Station 9, 1801 30th Street, Sacramento, CA 95816, Telephone (916) 227-8252.
1-1.28 Pavement
The uppermost layer of material placed on the traveled way or shoulders. This term is used interchangeably with surfacing.
Section B
1-1.29 DRAWINGS
The official project drawings and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. These documents are to be considered as a part of the drawings. In the above definition, the following terms are defined as follows:
• Project Drawings
The project drawings are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.
• Standard Plans
The Standard Plans issued by the State of California, Business, Transportation and Housing Agency, Department of Transportation. 1-1.30 Processing
Any operation or operations of whatever nature and extent required to produce a specified material.
1-1.31 Proposal
The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
1-1.32 Proposal Form
The approved form upon which the City of Vallejo requires formal bids be prepared and submitted for the work.
1-1.33 Proposal Guaranty
The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder. 1-1.34 ROADBED
The roadbed is that area between the intersection of the upper surface of the roadway and the side slopes or curb lines. The roadbed rises in elevation as each increment or Section B
layer of subbase, base, surfacing or pavement is placed. Where the medians are so wide as to include areas of undisturbed land, a divided highway is considered as including 2 separate roadbeds.
1-1.35 Roadway
That portion of the highway included between the outside lines of sidewalks, or curbs, slopes, ditches, channels, waterways, and including all the appertaining structures, and other features necessary to proper drainage and protection. 1-1.36 Shoulders
The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 1-1.37 Special Provisions
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications. 1-1.38 Specifications
The directions, provisions and requirements contained in the General Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and Standard Drawings.
Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2010 edition, Sections 10 through 95 only. 1-1.39 State
The State of California.
1-1.40 (Blank)
1-1.41 Subbase
A layer of specified material of planned thickness between a base and the basement material.
1-1.42 Subgrade
That portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of any other material is placed.
Section B
1-1.43 Substructure
All that part of the bridge below the bridge seats, tops of piers, haunches of rigid frames, or below the spring lines of arches. Backwalls and parapets of abutments and wingwalls of bridges shall be considered as parts of the substructure. 1-1.44 Superstructure
All that part of the bridge except the bridge substructure. 1-1.45 Surfacing
The uppermost layer of material placed on the traveled way, or shoulders. This term is used interchangeably with pavement.
1-1.46 Traffic Lane
That portion of a traveled way for the movement of a single line of vehicles. 1-1.47 Traveled Way
That portion of the roadway for the movement of vehicles, exclusive of shoulders. 1-1.48 Work
All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract change order.
Section B
Section B
SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 Contents of Proposal Forms
Prospective bidders must use City of Vallejo proposal forms which will refer to the special provisions and project drawings for the work to be done and will include a schedule of items for which bid prices are asked, showing the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished. 2-1.02 Approximate Estimate
The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work.
2-1.03 Examination of DRAWINGS, Specifications, Contract, and Site of Work All bidders shall carefully and completely examine the site of the work contemplated and the Contract Documents, and perform all tests and inspections necessary to inform Bidder of all conditions that may be encountered, the character, quality and scope of work to be performed, and the quantities of materials to be furnished. The submission of a Proposal Form shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.
Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.
The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, “Materials Information,” cross-sections, contour maps, and any other investigations provided by City of Vallejo, are not a part of the Contract and are available solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed that the City of Vallejo assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the above described documents or of the interpretations set forth therein or made by the City of Vallejo in its use thereof and there is no warranty or guaranty, either express or implied, as to the completeness or accuracy of the documents, that the conditions indicated by the documents are representative of those existing in or throughout those areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions Section B
different from those indicated, may not be encountered.
The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a Bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.
No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. 2-1.04 addendum
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to City Engineer, which response to said request will be given in the form of addenda to all bidders, if time permits.
The correction of any discrepancies in, or omissions from the drawings, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, faxedor delivered to each person receiving a set of the Contract Documents, and shall be made a part of the Contract. Any other interpretation or explanation of such documents will not be considered binding.
2-1.05 Proposal Forms
The City of Vallejo will furnish to each Bidder a standard Proposal Form, which, when filled out and executed may be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed Proposal Forms submitted as a bid may be rejected.
2-1.054 (BLANK)
2-1.056 (Blank)
2-1.06 (Blank)
2-1.07 Proposal Guaranty
The proposal must be accompanied by cash, a Bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The Bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo.
Section B
2-1.08 Withdrawal of Proposals
Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was received by the City of Vallejo. The request shall be executed by the Bidder or the Bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids. 2-1.09 Public Opening of Proposals
Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.095 Relief of Bidders
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. 2-1.10 Disqualification of Bidders
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, limited liability company, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders any or all proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.
2-1.105 (Blank)
2-1.108 (BLANK)
2-1.11 (Blank)
2-1.12 (Blank)
Section B
Section B
SECTION 3: AWARD AND EXECUTION OF CONTRACT
3-1.01 Award of Contract
The right is reserved to reject any and all proposals.
The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the City of Vallejo and the Bidder concerned.
All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
The low bid will be determined by adding the sum of the Total Amount of Bidder’s Base Bid, the Total Amount of all alternates (if any) and the Total Amount of Bidder’s Contractor’s Daily Delay Damages. The City reserves the right to include in the Contract, if a Contract is awarded, the Base Bid only, or the Base Bid plus any alternate bid or combinations of alternates bid. When a price is quoted in both words and figures, the words shall prevail in case of a discrepancy. In the event of a discrepancy between Bidder’s Unit Price and Bidder’s Total Amount, the Unit Price shall prevail. In the event of a discrepancy between Bidder’s Total Amount and the Bid Total, the Unit Price and correct Total Amount shall prevail.
3-1.02 Bonds
Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:
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 (Labor and Materials) 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 Section B
State of California.
Faithful Performance Bond and Payment Bond shall be on the forms provided by City of Vallejo.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract. 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 of Vallejo 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. 3-1.03 Execution of Contract
The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution. 3-1.04 Failure to Execute Contract
The Bidder shall pay to the City of Vallejo from Bidder’s proposal guaranty, such sums as will reimburse the City of Vallejo for costs incurred for failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. The amount of Bidder’s cash, bond, certified check, or cashier's check proposal guaranty shall not be deemed to constitute a penalty or liquidated damages. The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. 3-1.05 Return of Proposal Guaranties
The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than Bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.
Section B
SECTION 4: SCOPE OF WORK
4-1.01 Intent of drawings and Specifications
All 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 codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer 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.
The intent of the drawings and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results 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 for anything omitted but fairly implied. The prices paid 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. Where the drawings or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the highest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict Section B
or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final. 4-1.02 Final Cleaning Up
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.
4 -1.03 CHANGES
The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the drawings and Specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or bid Unit Prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.
The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion. Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract change order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:
A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.
B. Unit Prices - By unit prices fixed by agreement between the City of Vallejo and the Contractor.
C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the Section B
cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.
The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.
Upon receipt of a Contract change order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract change order therefor. In those cases, the Engineer will, as soon as practicable, issue a Contract change order for the ordered work and the provisions in Section 4-1.03A, "Procedure and Protest," shall be fully applicable to the subsequently issued Contract change order.
When the compensation for an item of work is subject to adjustment under the provisions of this Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work. If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request. 4-1.03A Procedure and Protest
A Contract change order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract change order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract change order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract change orders will be considered as executed Contract change orders.
Where the protest concerning an authorized Contract change order relates to compensation, the compensation payable for all work specified or required by that Contract change order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.
Where the protest concerning an accepted Contract change order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages." Proposed Contract change orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms and conditions of the proposed Contract change order by executing the document and if Section B
the Contract change order is accepted by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. An accepted Contract change order shall supersede a proposed, but unaccepted, Contract change order covering the same work.
The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract change order determined as provided in Section 4-1.03D, if that item of work is eligible for an adjustment of compensation thereunder.
Change orders shall be in the form provided by City of Vallejo in the Contract Documents. 4-1.03B (Not used)
4-1.03C (Not used)
4-1.03D Extra Work
New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a Unit Price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the drawings or Specifications.
The Contractor shall do the extra work and furnish all labor, material and equipment therefor upon receipt of an accepted Contract change order or other written order of the Engineer, and in the absence of an accepted Contract change order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.
Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract change order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.
4-1.04 Detours
The Contractor shall construct and remove detours and detour bridges for the use of public traffic as provided in the Contract Documents or as directed by the Engineer.
Payment for this work will be made as set forth in the Contract Documents or at the Contract prices for the items of work involved if the work being performed is covered by Contract items of work and no other method of payment therefor is provided in the special provisions, otherwise the work will be paid for as extra work as provided in Section 4-1.03D.
Section B
The cost of repairing damage to detours caused by public traffic will be paid for as extra work as provided in Section 4-1.03D.
When public traffic is routed through the work, provision for a passageway through construction operations will not be considered as detour construction or detour maintenance, and this work shall conform to and be paid for as provided in Section 7-1.08, "Public Convenience," unless otherwise specified in the Specifications..
Detours used exclusively by the Contractor for hauling materials and equipment shall be constructed and maintained by the Contractor at the Contractor's expense.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until the detours are in satisfactory condition for use by public traffic.
Where the Contractor's hauling is causing such damage to the detour that its maintenance in a condition satisfactory for public traffic is made difficult or costly, the Engineer shall have authority to regulate the Contractor's hauling over the detour. 4-1.05 Use of Materials Found on the Work
Unless designated as selected material as provided in these Specifications, the Contractor, with the acceptance of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the Contract price for the excavation, but the Contractor shall replace at the Contractor's expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor's expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.
Section B
Section B
SECTION 5: CONTROL OF WORK
5-1.01 Authority of Engineer
The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. 5-1.02 CONTRACT DRAWINGS AND Working Drawings
The Contract drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract drawings shall be in writing.
The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been accepted by the Engineer.
Working drawings for any part of the permanent work shall include, but not be limited to stress sheets, anchor bolt layouts, shop details, erection drawings, equipment lists and any other information specifically required elsewhere in the Specifications.
Working drawings for cribs, cofferdams, falsework, temporary support systems, haul bridges, centering and form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.
Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.
Full compensation for furnishing all working drawings shall be considered as included in Section B
the prices paid for the Contract items of work to which the drawings relate and no additional compensation will be allowed therefor.
5-1.02A Trench Excavation Safety Plans
Attention is directed to Section 7-1.01E, "Trench Safety." Excavation for any trench 1.5 m {5 feet} or more in depth shall not begin until the Contractor has prepared detailed plans for worker protection from the hazards of caving ground during the excavation of that trench. The detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation. No plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health. If the plan complies with the shoring system standards established by the Construction Safety Orders, the plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench. If the plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 3 weeks before the Contractor intends to begin excavation for the trench.
5-1.03 Conformity With Contract Documents and Allowable Deviations Contractor’s work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and Specifications, and the Engineer's decision as to any allowable deviations therefrom shall be final.
5-1.04 Coordination and Interpretation of Plans, specifications and Standard Specifications These project drawings, Specifications, special provisions, Contract change orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.
In the event of a conflict between the project drawings, Specifications or special provisions, and Standard Plans and Standard ;Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, 2010 edition, City of Vallejo Standard Specifications and Standard Plans , December 2011 edition, or Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007, the project drawings, and Specifications shall control. Project drawings shall govern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.
Section B
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.
In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.05A Order of Work
When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.
Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
5-1.05B Hours of Work
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 Engineer in writing. Contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.
5-1.06 Superintendence
The Contractor shall designate in writing before starting work, an authorized representative who shall act as Superintendent and have the authority to represent and act for the Contractor. The Superintendent shall have responsibility for overall project operations and shall not be a “working foreman.”
When the Contractor is comprised of 2 or more persons, firms, partnerships or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall serve as the Superintendent, and who shall have the authority to represent and act for the Contractor.
The Superintendent shall be present at the site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.
Whenever the Contractor or the Contractor's Superintendent is not present on any particular part of the work where it may be desired to give direction, orders will be given Section B
by the Engineer, which shall be received and obeyed by the foreman or other individual who may have charge of the particular work in reference to which the orders are given.
Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. 5-1.07 Lines and Grades
Stakes or marks for horizontal and vertical control will be set by the Engineer as the Engineer determines to be necessary to establish the lines and grades required for the completion of the work specified in these Contract Documents.
When the Contractor requires the stakes or marks, the Contractor shall notify the Engineer of the requirements in writing a reasonable length of time in advance of starting operations that require the stakes or marks. In no event, shall a notice of less than 2 working days be considered a reasonable length of time.
Stakes and marks set by the Engineer shall be carefully preserved by the Contractor. In case the stakes and marks are destroyed or damaged, the Contractor will be charged for the cost of necessary replacement or restoration of stakes and marks. This charge will be deducted from any moneys due or to become due the Contractor. 5-1.08 Inspection
The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's inspection.
Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, Submittals, 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 of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.
Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the State or Federal agency involved, or their authorized representative.
5-1.09 Removal of Rejected and Unauthorized Work
All work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed Section B
to the Contractor for the removal, replacement or remedial work.
Any work done beyond the lines and grades shown on the drawings or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor's expense.
Upon failure of the Contractor to comply promptly with any order of the Engineer made under this Section 5-1.09, the City of Vallejo may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any moneys due or to become due the Contractor.
5-1.10 Equipment and Plants
Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project.
Plants shall be designed and constructed in accordance with general practice for the equipment and shall be of sufficient capacity to ensure the production of sufficient material to carry the work to completion within the time limit.
The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.
The Contractor shall identify each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location, and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. In addition, the make, model number and empty gross mass of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit. The gross mass shall be either the manufacturer's rated mass or the scale weight, expressed in metric units {United States Standard Measures}.
The make, model, serial number and manufacturer's rated capacity in metric units {United States Standard Measures} for each scale shall be clearly stamped or stenciled on the load receiving element and its indicator or indicators. All meters shall be similarly identified, rated and marked. Upon request of the Engineer, the Contractor shall furnish a statement by the manufacturer, designating sectional and weighbridge capacities of portable vehicle scales.
5-1.11 Alternative Equipment
While certain of the Contract Documents may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to be encouraged.
Section B
The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified.
The Engineer, before considering or granting the request, may require the Contractor to furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.
If permission is granted by the Engineer, it shall be understood that the permission is granted for the purpose of testing the quality of work actually produced by the equipment and is subject to continuous attainment of results which, in the opinion of the Engineer, are equal to, or better than, that which can be obtained with the equipment specified. The Engineer shall have the right to withdraw permission at any time that the Engineer determines that the alternative equipment is not producing work that is equal, in all respects, to that which can be produced by the equipment specified. Upon withdrawal of permission by the Engineer, the Contractor will be required to use the equipment originally specified and shall, in accordance with the directions of the Engineer, remove and dispose of or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory work produced with the alternative equipment.
The Contractor shall not have any claim against the City of Vallejo for either the withholding or the granting of permission to use alternative equipment, or for the withdrawal of the permission.
Permission to use alternative equipment in place of equipment specified will only be granted where the equipment is new or improved and its use is deemed by the Engineer to be in furtherance of the purposes of this Section 5-1.11. The permission for use of particular equipment on any project shall in no way be considered as permission of the use of the equipment on any other project.
Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility for furnishing materials or producing finished work of the quality specified in the Contract Documents
5-1.12 Alternative Methods of Construction
Whenever the drawings or Specifications provide that more than one specified method of construction or more than one specified type of material or construction equipment may be used to perform portions of the work and leave the selection of the method of construction or the type of material or equipment to be used up to the Contractor, it is understood that the City of Vallejo does not guarantee that every or any specified method of construction or type of material or equipment can be used successfully throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to Section B
use more than one of the alternatives on any project, full compensation for any additional cost involved shall be considered as included in the Contract price paid for the item of work involved and no additional compensation will be allowed therefor. 5-1.13 Differing Site Conditions
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.
No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.
Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided.
5-1.14 Character of Workers
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately on the request of the Engineer, and that person shall not again be employed on the work.
5-1.15 Final Inspection
When the work has been completed, the Engineer will make the final inspection.
Section B
5-1.16 MEANS AND METHODS
City of Vallejo 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.
The City of Vallejo or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City of Vallejo in all operations which coincide with other work being performed, and provide City of Vallejo with such scheduling and other information as may be required by City of Vallejo 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 of Vallejo, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.
The City of Vallejo shall have the right at any time during the progress of this work 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.
Section B
SECTION 6: CONTROL OF MATERIALS
6-1 GENERAL
6-1.01 Source of Supply and Quality of Materials
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City of Vallejo and materials furnished by the City of Vallejo in conformance with the provisions in Section 9-1.03, "Force Account Payment."
Only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in accordance with the drawings and Specifications.
Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.
The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.
Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor.
Section B
6-1.02 City Furnished Materials
Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.
The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.
The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.
The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.
6-1.03 Storage of Materials
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.
6-1.04 Defective Materials
All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the Section B
nonconforming work, materials, or equipment, or the City of Vallejo agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo 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 of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.
Re-examination of any work may be ordered by the Engineer, 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.
6-1.05 Trade Names and Alternatives
For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.
Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed.
Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
6-1.06 Plant Inspection
The Engineer may inspect the production of material or the manufacture of products at the source of supply.
Plant inspection, however, will not be undertaken until the Engineer is assured of the Section B
cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials.
Adequate facilities shall be furnished free of charge to make the necessary inspection.
The City of Vallejo assumes no obligation to inspect materials at the source of supply. 6-1.07 Certificates of Compliance
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.
The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
6-1.08 Foreign Materials
Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.
Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.
The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.
Section B
The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or otherwise requested by the Engineer.
If the welding of steel for structural steel members or the casting and prestressing of precast, prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:
A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.
B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.
C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.
D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.
The use of steel manufactured outside of the United States as unidentified stock material, as provided in Section 55-2.07, "Unidentified Stock Material," will not be allowed. 6-1.09 State Specification Numbers
The State Specification number of material furnished on the Contract shall conform to the number specified in these Specifications or the special provisions for the material involved, except that material conforming to a later specification issue will be acceptable. 6-2 LOCAL MATERIALS
Section B
6-2.01 General
Local material is rock, sand, gravel, earth or other mineral material, other than local borrow or selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Local material does not include materials obtained from established commercial sources.
Local materials shall be furnished by the Contractor from any source the Contractor may elect, except that when mandatory local material sources of certain materials are designated in the Contract Documents, the Contractor shall furnish material from those designated mandatory sources.
The Contractor shall be responsible for making all arrangements necessary to obtain materials from any local material source other than a mandatory local material source. If the Contractor elects to obtain materials from a possible local material source, subject to the provisions in Section 6-2.02, "Possible Local Material Sources," the Contractor shall comply with the requirements of that section. If the Contractor elects to obtain material from any other non-mandatory source, the Contractor shall furnish the Engineer with satisfactory evidence that the Contractor has entered into an agreement with the property owner for obtaining material from that source and with copies of any necessary permits, licenses and environmental clearances before removing any material from those sources.
The furnishing of local materials from any source is subject to the provisions in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," and in Section 6-2, "Local Materials."
Unless described in the Contract Documents as a mandatory local material source, or authorized in writing by the Engineer, material sources shall not be excavated at locations where the resulting scars will present an unsightly appearance from any highway. No payment will be made for material obtained in violation of this provision.
The Contractor shall, at the Contractor's expense, make any arrangements necessary for hauling over local public and private roads from any source.
When requested by the Contractor in writing, the City of Vallejo will test materials from any local material source, which has not been previously tested, at Contractor’s cost and expense.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in conforming to the provisions in this Section 6-2.01, for furnishing and producing materials from any source shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.02 Possible Local Material Sources
Section B
Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the obtaining of material from an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to obtain material from that property. Bidders or Contractors may, upon written request, inspect the documents evidencing those arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.
Arrangements made by the City of Vallejo are not a part of the Contract, and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to obtain materials therefrom and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quality or quantity of materials that can be obtained or produced from the property or the type or extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents.
In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation may include the documents setting forth the arrangement made with some of the property owners for the obtaining of material from those owners' properties. The inclusion of these documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 6-2.02 concerning the documents.
All necessary permits, licenses and environmental clearances needed to enable the Contractor to use a possible local material source for which the "Materials Information" compilation for the project does not include permits, licenses and environmental clearances issued to the City of Vallejo (whether or not the arrangement made by the City of Vallejo with the owner of the property is included in the compilation) shall be obtained by the Contractor, and copies thereof shall be furnished the Engineer before any material is removed from the source.
The Bidder and Contractor shall make such independent investigation and examination as the Contractor deems necessary to be satisfied as to the quality and quantity of materials available from the property, the type and extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.
Notwithstanding that the Contractor may elect to obtain materials from any such property owner's property, no material may be obtained from the property unless the Contractor has first either:
Section B
A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the material source on any terms mutually agreeable to the owner and the Contractor, provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.
If the Contractor elects to obtain material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo, and the Contractor shall pay the charges as are provided for in the arrangement made by the City of Vallejo with the property owner. Deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material removed.
If the Contractor elects to obtain material under (2), the Contractor shall pay the charges as are provided for in the agreement between the owner and the Contractor, and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.
Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the material source is satisfied that the Contractor has satisfactorily complied with the provisions of either— (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and producing specified materials from possible local material sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of material sources, and all processing of whatever nature and extent required, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.03 Mandatory Local Material Sources
The Contractor shall perform all work required to obtain and produce acceptable materials from the mandatory local material sources designated in the Contract Documents and shall have no right to obtain the materials from any other source or sources. As part of the work in producing acceptable materials from the mandatory sources, it will be necessary for the Contractor to perform certain processing of the material as set forth in the Contract Documents. Any processing of the material required in addition to that Section B
specified in the Contract Documents which, in the opinion of the Engineer, is necessary to produce acceptable material from the mandatory sources will be paid for as extra work as provided in Section 4-1.03D.
If the Engineer determines that the designated mandatory local material source or sources are no longer to be used because they are exhausted or for other reasons, the Engineer will designate an alternative mandatory local material source or sources from which the Contractor shall obtain the balance of the material required.
In this case the City of Vallejo will pay the Contractor for the cost of moving the Contractor's plant to the new mandatory source and erecting the plant as extra work as provided in Section 4-1.03D. Construction of access roads, fences, clearing and grubbing or stripping of the new mandatory source, ordered by the Engineer to be performed, will be paid for as extra work as provided in Section 4-1.03D. The City of Vallejo will also allow or deduct, as the case may be, the increase or decrease in haul cost due to an increase or decrease in the length of haul involved. Increased haul costs will be paid for as extra work as provided in Section 4-1.03D, and deductions for decreased haul will be determined in the same manner. No allowance or additional compensation will be made for lost time or for delay in completing the work due to moving the Contractor's plant from the designated mandatory source to the alternative mandatory source, other than an extension of time pursuant to the provisions in Section 8-1.07, "Liquidated Damages." Any processing of the material required in addition to that specified in the special provisions for the originally designated mandatory source which, in the opinion of the Engineer, is necessary to produce acceptable material from the alternative mandatory source will be paid for as extra work as provided in Section 4-1.03D. The Contractor will be charged the same royalty as provided in the special provisions for the original designated mandatory local material source.
The Contractor shall, prior to entering a mandatory local material source or an alternative mandatory local material source, execute a document that will guarantee to hold the owner of the property harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises. The document will be prepared by the Engineer for execution by the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining and producing specified materials from mandatory sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of mandatory local material sources, except as otherwise provided for in this Section 6-2.03, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-3 TESTING
6-3.01 General
Section B
All materials incorporated in the project shall meet the requirements of tests specified in the Standard Specifications and other minimum requirements specified herein or in the Contract documents.
The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency, 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. Reference is made to the technical specifications Section D for specific instructions.
These reports on any material must be submitted to the Engineer in writing and approved by the Engineer before incorporating that material in the work. All materials shall be adequately identified by tags or other means as that material which has been tested and approved. Lack of proper identification shall be considered adequate cause for rejection of any material, which cannot be properly inspected on the job.
The City reserves the right to make such additional inspections or tests as it may require prior to acceptance of any materials, and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such acceptance. Any material rejected by the City shall immediately be removed from the job site, and no payment will be allowed therefor.
The Contractor shall bear the expense for all unsatisfactory tests and deductions will be made from any moneys due or to become due the Contractor, sufficient to cover the cost of the tests.
Unless otherwise specified, all tests shall be performed in accordance with the methods used by the City of Vallejo Department of Public Works and shall be made by the Engineer or the Engineer's designated representative.
The State of California has developed methods for testing the quality of materials and work. These methods are identified by number and are referred to in the Specifications as California Test. Copies of individual California Tests are available at the Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever the Specifications require compliance with specified values for the following properties, tests will be made by the California Test indicated unless otherwise specified:
Properties California Test
Relative Compaction 216 or 231
Sand Equivalent 217
Resistance (R-value) 301
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Grading (Sieve Analysis) 202
Durability Index 229
Whenever a reference is made in the Specifications to a California Test by number, it shall mean the California Test in effect on the day the Notice to Contractors for the work is dated.
Whenever the Specifications provide an option between 2 or more tests, the Engineer will determine the test to be used.
Whenever a reference is made in the Specifications to a specification, manual or test designation either of the American Society for Testing and Materials, the American Association of State Highway and Transportation Officials, Federal Specifications or any other recognized national organization, and the number or other identification representing the year of adoption or latest revision is omitted, it shall mean the specification, manual or test designation in effect on the day the Notice to Contractors for the work is dated. Whenever the specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of those reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions in Section 6, "Control of Materials," and shall not constitute a waiver of the City of Vallejo's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at the Engineer's discretion, select random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at the Contractor's expense. The number of the samples and test specimens shall be entirely at the discretion of the Engineer.
Unidentified metal products, such as sheet, plate and hardware shall be subject to the requirements of Section 55-2.07, "Unidentified Stock Material." When requested by the Engineer, the Contractor shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to acceptance by the Engineer, except as provided in Section 6-1.07, "Certificates of Compliance." Samples of material from local sources shall be taken by or in the presence of the Engineer; otherwise, the samples will not be considered for testing. 6-3.02 Testing By Contractor
The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure control.
The test methods used for quality control testing shall be as determined by the Contractor.
The results of the testing shall be made available to the Engineer upon request. These tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests.
Full compensation for performing quality control tests and making the results available to Section B
the Engineer shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
Section B
Section B
SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY
7-1.01 Laws to be Observed
The Contractor shall keep fully informed of all existing and future laws, ordinances and regulations 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, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and material suppliers to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing.
7-1.01A Labor Code Requirements
Attention is directed to the following requirements of the Labor Code:
7-1.01A(1) Hours of Labor
Eight hours labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. 7-1.01A(2) Prevailing Wage
The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft Section B
in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:
A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a Section B
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.
Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm
The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
Section B
The City of Vallejo will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City of Vallejo on the Contract by Contractor.
7-1.01A(2)(a) Travel and Subsistence Payments
Attention is directed to the requirements in Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.
Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
7-1.01A(3) 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.
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.
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2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
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 Section B
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."
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.
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 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 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 satisfactory payrolls 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. 7-1.01A(4) Labor Nondiscrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made 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, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Section B
Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NONDISCRIMINATION CLAUSE
“During the performance of this Contract, Contractor and its SUBCONTRACTORS shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and SUBCONTRACTORS shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
Contractors and SUBCONTRACTORS shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its SUBCONTRACTORS shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.”
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 7-1.01A(5) APPRENTICES
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works Contract. Responsibility for compliance with this section lies with the Contractor.
It is City of Vallejo policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards.
A. Only registered apprentices within a written agreement in an approved apprenticetraining program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).
B. A contractor is no longer required to submit Form DAS-7, but must submit award Section B
information to the local applicable joint apprenticeship committee. The award information must include:
• an estimate of the journeyman hours;
• the number of apprentices to be employed; and
• the approximate dates of apprentice employment.
C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one hour of apprentice work for every five hours of journeyman labor on any day of work. (Any journeyman work performed beyond 8 hours per day or 40 hours per week shall not be used to calculate the hourly ratio).
This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or 20 working days.
The Division of Apprenticeship Standards may grant a certificate exempting the contractor from the minimum 1:5 hourly ratios under any one of the following:
Unemployment exceeds an average of 15% in the area for the previous 3-month period;
The number of apprentices in training in such area exceeds a ratio of 1:5; The apprentice able craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either locally or statewide; The specific task would jeopardize the apprentice's life or public safety or no training can be provided to an apprentice by a journeyman for the specific task.
D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.
E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the California Apprenticeship Council, P.O. Box 603, San Francisco, CA 94101 (as set forth in Section 227).
F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.
All willful violations of Section 1777.5 shall pay the $50.00 fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any Section B
public works contract for a period of up to one year for the first violation and up to three years for any additional violations.
Compliance disputes arising under Section 177.5 shall be adjudicated under 8 California Code of Regulations, Article 1.
G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.
Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.
H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.
7-1.01A(6) Workers' Compensation
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.
Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." This certification is incorporated in the Contract by reference, and signature and return of the Contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the certificate.
7-1.01A(7) Suits to Recover Penalties and Forfeitures
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or Contract provisions based on those laws.
Those sections provide that a suit on the Contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or the Contractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the Contract and the formal acceptance of the job.
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7-1.01B Fair Labor Standards Act
The attention of Bidders is invited to the fact that the City of Vallejo has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in highway construction work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060).
7-1.01C Contractor's Licensing Laws
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. Contractor shall be properly licensed at all times during the performance of the work and performance of the Contract.
All Bidders and Contractors shall be licensed in accordance with the laws of this State and any Bidder or Contractor not so licensed is subject to the penalties imposed by those laws.
Attention is also directed to the requirements in Public Contract Code Section 10164. In all projects where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded.
7-1.01D Vehicle Code
Pursuant to the authority contained in Vehicle Code Section 591, the City of Vallejo has determined that within those areas that are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.
Attention is directed to the statement in Vehicle Code Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
7-1.01E Trench Safety
Attention is directed to the requirements in Section 6705 of the Labor Code concerning trench excavation safety plans.
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 to urge his/her personnel to observe a strict regimen Section B
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.
7-1.01F Air 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 Government Code.
Unless otherwise provided in the special provisions, material to be disposed of shall not be burned, either inside or outside the highway right of way. 7-1.01G Water Pollution Control
7-1.01G(1) General
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment.
Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System (NPDES) regulated by the State of California Regional Water Quality Control Board (RWQCB) or the United States Environmental Protection Agency (EPA) other than uncontaminated stormwater.
The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. As applicable, the Contractor shall obtain Water Pollution Control Permits and file all documents including, but not limited to, the State of California Construction General Permit, Stormwater Pollution Prevention Plan. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Section B
Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Mare Island Strait, the Carquinez Strait, and the San Francisco Bay.
2) Sediments generated on the Work site shall be contained within the Work site using appropriate BMPs.
3) No construction-related materials, waste, spill or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff.
4) Non-storm water runoff from equipment, vehicle washing or any other activity shall be contained within the Work site using appropriate BMPs. 5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted or otherwise protected in a way that prevents discharge from the Work site.
In this subsection, the term “storm drain system” shall include water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces, channels, watercourses, creek, lakes, the estuary, and the San Francisco Bay.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program.
The City of Vallejo will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.
Nothing in the terms of the Contract Documents nor in the provisions in this Section 7
1.01G Water Pollution Control shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. 7-1.01G(2) Best Management Practices (BMP)
For the purpose of eliminating stormwater pollution, the Contractor shall implement effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm Section B
drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate stormwater pollution.
The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the project drawings or Specifications. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. Guidance for appropriate implementation of BMPs can be found in the 7-1.01G(5) Reference Publications, below. 7-1.01G(3) Storm Water Pollution Prevention Plan (SWPPP) When so specified in the Specifications, or if so required by a jurisdictional regulatory agency, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall conform to the requirements specified in the Specifications and those of the jurisdictional regulatory agency. The Notice of Intent will be filed by the City.
7-1.01G(4) Dewatering
Dewatering shall be performed by the Contractor when specifically required by the project drawings or Specifications, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor or the Agency as specified in the Special Provisions. Accumulated water shall be treated prior to disposal if so specified in the Specifications or required by a permit. The contractor shall submit a working drawing and related supporting information detailing its proposed plan and methodology and treatment and disposal of accumulated water. To the maximum extent practical, the Contractor shall reuse non-toxic, de-silted water for other onsite needs, such as dust control and irrigation.
The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the City, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.
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7-1.01G(5) Reference Publications
Reference publications are as follows:
1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009-009-DWQ adopted on September 2, 2009. Available at: the following website:
http://www.swrcb.ca.gov/board_decisions/adopted_orders/water_quality/2012/wq o2012_0006_dwq.pdf
2. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook. Available at: the following website:
www.casqa.org/resources/bmp-handbooks/construction
3. Erosion and Sediment Control Field Manual, San Francisco Regional Water Quality Control Board (SFRWQCB) Available from Friends of the San Francisco Estuary, 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2419 or (510) 622-2337. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
4. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Governments (ABAG.) Available from ABAG, 101 8th Street, Oakland, CA 94607, (510) 464-7900. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
5. CalTrans Stormwater Quality Handbooks. Available at: the following website:
www.dot.ca.gov/hq/construc/stormwater/CSBMPM_303_Final.pdf 7-1.01G(6) Material Storage
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:
1. All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage. Materials set aside for recycling and salvage shall be delivered to the recycling station within five days.
2. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.
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3. The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state and local standards and requirements. 7-1.01G(7) Pavement Saw Cutting Operations
The Contractor shall prevent any saw cutting debris from entering the storm drain system.
The Contractor shall preferably use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate, as approved by the Engineer, if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area, create a safety hazard, or does not create standing water that remains longer than 72 hours. If the Engineer approves, the Contractor may direct or pump saw cutting wastewater to a dirt area for infiltration. This dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw cutting residue must be removed and disposed of properly.
With the approval of Vallejo Sanitation and Flood Control District (VSFCD) and the Engineer, de-silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the Engineer’s approval the Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging this wastewater to the storm drain. 7-1.01G(8) Pavement Operations
The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
a. No paving during wet weather.
b. Store materials as required by 7-1.01G(6) Material Storage, c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
d. Place drip pans or absorbent materials under paving equipment when not in use.
During wet weather store contaminated paving equipment indoors or cover with tarp or other waterproof covering.
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e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system. f. Keep ample supplies of drip pans or absorbent materials on-site. g. If paving involves Portland cement concrete, refer to 7-1.01G(6) Material Storage. 7-1.01G(9) Concrete Operations
The Contractor shall prevent pollutant discharge from concrete operations by using measures to prevent run-on and runoff pollution, by properly disposing of wastes, and by implementing the following BMPs:
a. Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.
b. Avoid mixing excess amounts of Portland cement materials. c. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system.
For on-site washout:
i. Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Prevent runoff from this area by constructing a temporary pit or bermed area large enough to store the liquid and solid waste.
ii. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the water volume greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow wash water to settle, then filter and pump it to the sanitary sewer with approval from VSFCD and the Engineer.
Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly.
d. Dispose of wastewater from exposed aggregate washing to a dirt area adequate to contain all the wastewater. Once the wastewater has infiltrated, remove any remaining residue. If a suitable dirt area is not available, filter the wash water through straw bales or other filtering materials meeting ABAG Standards for Erosion and Sediment Control Measures before discharging the wash water to the sanitary sewer with approval from VSFCD and the Engineer. e. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
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7-1.01G(10) Grading and Excavation Operations
The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.
The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the SFRWQCB Erosion and Sediment Control Field Manual.
At a minimum, the Contractor shall install filter materials (such as sandbags, filter fabric, etc.) at storm drain inlet(s) located in and downstream of the project site. These materials must be in place between October 15 and April 15 and also when rain is forecast within 24 hours. The Contractor shall install filter materials or seal all surface inlet openings during the dry season or if there is potential for sediment or excavated material to be discharged to the storm drain system during the construction operation (e.g. sediments and debris tracked by construction vehicles, wind-blown or transported by other runoff).
The storm drain inlets shall be sealed such that they can be opened in an emergency and unblocked at the end of each working day, so that no property is damaged as a result of accidents or overflows.
Sedimentation and erosion control/filter materials shall be placed in a manner to restrain any debris or sediment from flowing into the storm drain system. Said materials or control devices shall also be maintained and/or replaced as necessary to ensure effective sediment control and to prevent flooding.
7-1.01G(11) Spill Prevention and Control
The Contractor shall take all precautions to prevent accidental spills during construction.
However, in the event of a spill, the Contractor shall immediately contain any leaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean up and dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.
a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.
b. The Contractor shall report any hazardous materials spill immediately to the Vallejo Fire Department, the Solano County Department of Resource Management Environmental Services Division Hazardous Materials Section and other state and local agencies as required by state and local regulations. 7-1.01G(12) Vehicle/Equipment Cleaning
The use of soaps, solvents, de-greasers, steam cleaning equipment or equivalent Section B
methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinse water may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of VSFCD and the Engineer.
The Contractor shall dispose of wash water from the cleaning of water-based paint equipment and tools to the sanitary sewer.
When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paint thinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment and tools shall be disposed as hazardous waste. 7-1.01G(13) Contractor Training and Awareness
The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.
The Contractor shall mark all new catch basins constructed as part of the project with storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers shall be approved by the City Engineer.
7-1.01G(14) Good Housekeeping Practices
The Contractor shall implement the following applicable good housekeeping practices. a. Store all materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed waterproof containers.
b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution.
c. Secure opened bags of cement, and other light materials or powders that can be transported by wind.
d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. Store all wastes in covered containers or dispose of immediately.
Arrange for appropriate collection of those materials separated for recycling. e. Dispose of wash water to the sanitary sewer with the approval of VSFCD and the Engineer or recycle wash water. Refer to 7-1.01G(9) Concrete Operations.
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f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made.
g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-1.01G(11) Spill Prevention and Control. h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-1.01G(13) Contractor Training and Awareness.
i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.) 7-1.01G(15) Payment
Unless otherwise specified in the Specifications, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (including dewatering) shall be deemed included in the price paid for associated contract bid items, and no additional payment shall be made therefor. 7-1.01G(16) Enforcement
Various sections of the Vallejo Municipal Code12.41 enforce section 7.101G. City enforcement may include, but is not limited to: citations, abatement orders, bills for City cleanup costs and administration, civil suits, and criminal charges. City enforcement actions do not void or suspend any enforcement actions by other agencies. At a minimum, the Contractor shall implement the storm water Clean Water Program BMPs listed in 7-1.01G(1) General, or implement equally effective alternatives approved by the Engineer on all projects within the City of Vallejo.
7-1.01H Use of Pesticides
The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, City of Vallejo Standard Specifications and all other agencies which govern the use of pesticides required in the performance of the work on the Contract.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents.
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Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.
7-1.01I Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without the muffler.
The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m. shall not exceed 50 dBA and between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed 80 dBA at a distance of 50 feet.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
7-1.01JAssignment of Antitrust Actions
The Contractor's attention is directed to the following requirements in Public Contract Code 7103.5 and Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and the Contractor's subcontractors:
"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 the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the 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.
If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Section B
assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."
7-1.02 Load Limitations
Unless expressly permitted in the special provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated bases, surfacing, pavement or structures in any areas within the limits of the project, whether or not the area is subject to weight limitations under Section 7-1.01D, "Vehicle Code," except as hereinafter provided in this Section 7-1.02.
After application of the curing seal, no traffic or Contractor's equipment will be permitted on cement treated base or lean concrete base for a period of 72 hours. After 72 hours, traffic and equipment operated on the base shall be limited to that used in paving operations and placing additional layers of cement treated base. No traffic or Contractor's equipment will be permitted on treated permeable base except for that equipment required to place the permeable base and the subsequent layer of pavement. Trucks used to haul treated base, Portland cement concrete, or asphalt concrete shall enter onto the base to dump at the nearest practical entry point ahead of spreading equipment.
Empty haul trucks shall exit from the base at the nearest practical exit point. Entry and exit points shall not be more than 300 m {1,000 feet} ahead of spreading equipment except in locations where Specifications prohibit operation of trucks outside the area occupied by the base or where steep slopes or other conditions preclude safe operation of hauling equipment. In those locations, entry and exit points shall be established at the nearest point ahead of spreading equipment permitted by Specifications and allowing safe operation of hauling equipment. Damage to curing seal or base shall be repaired promptly by the Contractor, at the Contractor's expense, as directed by the Engineer.
Within the limits of the project and subject to the control of the Engineer, and provided that the Contractor, at the Contractor's expense, shall provide such protective measures as are deemed necessary by the Engineer and shall repair any damage caused by the operations, the Contractor will be permitted to:
Make transverse crossings of those portions of an existing public road or street that are within the highway right of way, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.
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Make transverse crossings of treated bases, surfacing or pavement which are under construction or which have been completed, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.
Cross bridge structures that are not open to public traffic and which are designed for HS20-44 Live Loading (culverts and pipes excluded), with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code, but not exceeding the load limitations hereinafter specified, provided that the Contractor furnishes to the Engineer the dimensions and maximum axle loadings of equipment proposed for use on bridge structures:
The maximum loading on bridge structures due to pneumatic-tired truck and trailer combinations shall not exceed (1) 12,700 kg {28,000 pounds} for single axles, (2) 21,700 kg {48,000 pounds} for tandem axles, nor (3) 27,200 kg {60,000 pounds} total gross load for single vehicles or 50,000 kg {110,000 pounds} total gross load for truck and trailer or semi-trailer combinations.
The loading on bridge structures due to 2 and 3 axle pneumatic-tired earthmovers shall not exceed that shown in the following table.
Allowable Construction Loading On Bridges
For 2 and 3 Axle Earthmovers
Spacing of Bridge Girders (center to
center in meters {feet})
Maximum Axle Loading (in kilograms
{pounds})
1.2 {4} 12,700 {28,000}
1.5 {5} 13,100 {29,000}
1.8 {6} 13,600 {30,000}
2.1 {7} 14,500 {32,000}
2.4 {8} 15,400 {34,000}
2.7 {9} 16,700 {37,000}
3.0 {10} and over 18,000 {40,000}
Minimum axle spacing:
For 3-axle earthmovers
Axles 1 to 2 = 2.4 m {8 feet}
Axles 2 to 3 = 6.1 m {20 feet}
For 2-axle earthmovers
Axles 1 to 2 = 6.1 m {20 feet}
Move equipment within the limits of the project over completed or existing base, surfacing, pavement and structures, whether or not open to the public, in accordance with the limitations and conditions in the "Permit Policy" of the City of Vallejo of Transportation.
Within the limits of the project and subject to the condition that the Contractor shall repair, at the Contractor's expense, any damage caused thereby, the Contractor will be permitted to cross culverts and pipes with construction equipment which exceeds the size or weight Section B
limitations set forth in Division 15 of the Vehicle Code in accordance with the conditions set forth on the drawings. If the conditions are not set forth on the drawings, the provisions in the first paragraph in this Section 7-1.02 will apply.
Should the Contractor desire to increase the load carrying capacity of a structure or structures which are to be constructed as a part of the Contract, in order to facilitate the Contractor's own operations, the Contractor may request the Engineer to consider redesigning the structure or structures. Proposals by the Contractor to increase the load carrying capacity of structures above 59 000 kg {130,000 pounds} per single axle or pair of axles less than 2.4 m {8 feet} apart, or above 149 000 kg {330,000 pounds} total gross vehicle weight, will not be approved. The request shall include a description of the structure or structures involved and a detailed description of the overloads to be carried, the date the revised drawings would be required, and a statement that the Contractor agrees to pay all costs involved in the strengthening of the structure or structures, including the cost of revised drawings, and further that the Contractor agrees that no extension of time will be allowed by reason of any delay to the work which may be due to the alteration of the structure or structures. If the Engineer determines that strengthening the structure or structures will be permitted, the Engineer will inform the Contractor of the estimated cost of the alterations, including engineering, and the date that revised drawings could be furnished. If the cost and date are satisfactory to the Contractor, the Engineer will prepare a change order providing for the agreed upon alterations.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.
7-1.03 Payment of Taxes
The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City of Vallejo, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. 7-1.04 Permits and Licenses
The City will waive all required City of Vallejo permit fees for this project.
The Contractor and all subcontractors shall obtain and keep current for the duration of the project a City of Vallejo business license.
Section B
The Contractor shall give all notices required by and comply with all laws, codes, ordinances and regulations. Before installing any work, the Contractor shall carefully examine the Contract Documents for compliance with all laws, codes, ordinances and regulations and shall immediately report any discrepancy to the Engineer.
Should the Contractor proceed with the construction and/or install any utility variance, notwithstanding the fact that such installation is in compliance with the Contract Documents, or should the Contractor install any work not in compliance with all laws, codes, ordinances and regulations, the Contractor shall remove such work without cost to the City of Vallejo.
The Contractor shall commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.
The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176, inclusive) 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 those statutes in obtaining the 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 of Vallejo has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in the Environmental Quality Act or any other authority, the Contractor shall comply with the provisions of those permits, licenses and other authorizations.
7-1.05 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Vallejo, the Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. 7-1.06 Safety and Health Provisions
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.
Working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders.
All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.
Section B
Full compensation for conforming to the provisions in this section shall be considered as included in the Contract prices paid for the various items of work involved and no separate payment will be made therefor.
7-1.07 (Blank)
7-1.08 Public Convenience
This Section 7-1.08 defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with the Contractor's operations.
Attention is directed to Section 4-1.04, "Detours," for provisions relating to the passage of traffic around the work over detours.
Attention is directed to Section 7-1.09, "Public Safety," for provisions relating to the Contractor's responsibility for the safety of the public. The provisions in Section 7-1.09 are in addition to the provisions in this Section 7-1.08, and the Contractor will not be relieved of the responsibilities as set forth in Section 7-1.09 by reason of conformance with any of the provisions in this Section 7-1.08.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions in this Section 7-1.08 and Section 7-1.09.
In the event of a suspension of the work, attention is directed to Section 8-1.05, "Temporary Suspension of Work."
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.
Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.
Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
Section B
Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 4-1.03D.
Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations; and if ordered by the Engineer roadway cuts shall be excavated in lifts and embankments constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on but one-half the width of the traveled way at a time, and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic.
Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic.
After the surface of the roadbed has been brought to a smooth and even condition for the passage of public traffic as above provided, any work ordered by the Engineer for the accommodation of public traffic prior to commencing subgrade operations will be paid for as extra work as provided in Section 4-1.03D. After subgrade preparation for a specified layer of material has been completed, the Contractor shall, at the Contractor's expense, repair any damage to the roadbed or completed subgrade, including damage caused by the Contractor's operations or use by public traffic.
While subgrade and paving operations are underway, public traffic shall be permitted to use the shoulders and, if half-width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at locations where subgrade and paving operations are in active progress.
Any shaping of shoulders or reshaping of subgrade necessary for the accommodation of public traffic thereon during subgrade preparation and paving operations will be paid for as extra work as provided in Section 4-1.03D.
Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or Section B
prevention of dust nuisance as provided in Section 10, "Dust Control." The Contractor will be required to pay the cost of replacing or repairing all facilities installed under extra work for the convenience or direction or warning of public traffic that are lost while in the Contractor's custody, or are damaged by reason of the Contractor's operations to such an extent as to require replacement or repair, and deductions from any moneys due or to become due the Contractor will be made to cover the cost.
Whenever a section of surfacing, pavement or the deck of a structure has been completed, the Contractor shall open it to use by public traffic if the Engineer so orders or may open it to use by public traffic if the Engineer so consents. In either case the Contractor will not be allowed any compensation due to any delay, hindrance or inconvenience to the Contractor's operations caused by public traffic, but will thereupon be relieved of responsibility for damage to completed permanent facilities caused by public traffic, within the limits of that use. The Contractor will not be relieved of any other responsibility under the Contract nor will the Contractor be relieved of cleanup and finishing operations.
Except as otherwise provided in this Section 7-1.08 or in the special provisions, full compensation for conforming to the provisions in this Section 7-1.08 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
Contractor shall furnish, install and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The contractor shall submit a Traffic Control Plan for review and acceptance by the Engineer at the preconstruction meeting.
The Contractor shall designate in writing the name, address and telephone number of the employee and the superintendent to contact after working hours for the proper maintenance of barriers and signs.
Barricades of the flashing beacon variety shall be placed at each excavation site and left until the Engineer deems there is no longer a hazard.
Full compensation for furnishing all flag persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefor. 7-1.09 Public Safety
It is the Contractor's responsibility to provide for the safety of traffic and the public during construction.
Section B
Attention is directed to Section 7-1.12, "Indemnification and Insurance." Attention is directed to Section 7-1.08, "Public Convenience," for provisions relating to the Contractor's responsibility for providing for the convenience of the public in connection with the Contractor's operations.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions of Section 7-1.08 and this Section 7-1.09.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, at the Contractor's expense and without cost to the City of Vallejo, furnish, erect and maintain those fences, temporary railing (Type K), barricades, lights, signs and other devices and take such other protective measures that are necessary to prevent accidents or damage or injury to the public.
Fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected and maintained by the Contractor, at the Contractor's expense, are in addition to any construction area traffic control devices for which payment is provided for elsewhere in the Contract Documents.
The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and payment therefor will be made as provided in Section 12-2.02, "Flagging Costs." Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current Manual of Traffic Controls. Signs or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the Specifications. Signs furnished and erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.
The installation of general roadway illumination shall not relieve the Contractor of the responsibility for furnishing and maintaining any of the protective facilities herein before specified.
Construction equipment shall enter and leave the highway via existing ramps and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.
The Contractor's trucks or other mobile equipment which leave a freeway lane, that is open to public traffic, to enter the construction area, shall slow down gradually in advance of the location of the turnoff to give following public traffic an opportunity to slow down.
Section B
When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
Lanes, ramps and shoulders shall be closed in accordance with the details shown on the drawings, the provisions of Section 12, "Construction Area Traffic Control Devices," and as provided in the special provisions.
The Contractor shall notify the Engineer not less than 15 days before the anticipated start of each falsework and girder erection operation whenever the falsework or girders will reduce clearances available to public traffic.
Pedestrian openings through falsework shall be paved or provided with full width continuous wood walks and shall be kept clear. Pedestrians shall be protected from falling objects and curing water for concrete. Overhead protection for pedestrians shall extend not less than 1.2 m {4 feet} beyond the edge of the bridge deck. All pedestrian openings through falsework shall be illuminated in conformance with the provisions in Section 86-6.11, "Falsework Lighting."
Where the height of vehicular openings through falsework is less than 4.6 m {15 feet}, a W34B "Vertical Clearance" sign shall be provided above each opening facing approaching traffic. The signs shall have black letters and numbers on an orange reflectorized background and shall be illuminated so that the signs are clearly visible. The minimum height of the letters and numbers shall be 150 mm {6 inches} and 250 mm {10 inches}, respectively.
No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.
Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.
Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the Contract for those facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved.
Working drawings and design calculations for the temporary facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for review pursuant to Section 5-1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.
Should the Contractor appear to be neglectful or negligent in furnishing warning devices Section B
and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at the Contractor's expense.
Should the Engineer point out the inadequacy of warning devices and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.
Provision for the payment for signs, lights, flares, temporary railing (Type K), barricades, and other facilities by extra work as provided in Section 7-1.08, "Public Convenience," or by Contract item as provided in Section 12, "Construction Area Traffic Control Devices," shall in nowise relieve the Contractor from the responsibility as provided in this Section 7-1.09.
Except as otherwise provided in this Section 7-1.09 or in the special provisions, full compensation for conforming to all of the provisions in this Section 7-1.09 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
The Contractor shall note that the work may be performed on or 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.
Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.
No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.
7-1.10 Use of Explosives
Explosives shall not be used unless explicitly required in the Contract Documents.
When explosives are used, the Contractor shall exercise the utmost care not to endanger life or property.
In advance of doing any blasting work within 60 m {200 feet} of any railroad's tracks or structures, the Contractor shall notify the railroad of the location, date, time and approximate duration of the blasting operations.
Section B
7-1.11 Preservation of Property
Attention is directed to Section 7-1.12, "Indemnification and Insurance," and to Section 8-1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.
Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.
The fact that any underground facility is not shown upon the drawings shall not relieve the Contractor of the responsibility under Section 8-1.10, "Utility and Non-Highway Facilities." It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of those underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.
Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the Engineer shall be rectified to the satisfaction of the Engineer within a reasonable time, depending upon the extent of the damage. Said reasonable time shall be as determined by the Engineer, and if the condition is not rectified, the Engineer shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 7-1.11, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 7-1.12 INDEMNIFICATION AND INSURANCE
The Contractor's obligations regarding indemnification of the City of Vallejo and the requirements for insurance shall conform to the provisions in Sections 7-1.12A, Section B
"Indemnification," and 7-1.12B, "Insurance," of this Section 7-1.12. 7-1.12A Indemnification
Contractor shall, to the maximum extend allowed by law, defend, indemnify, and save harmless City of Vallejo (including its inspectors, project managers, trustees, officers, agents, members, employees, 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, Contractor, any employees or agents of Contractor, City of Vallejo, 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, its agents, employees, subcontractors or material suppliers, City of Vallejo, 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, its agents, employees, subcontractors or material suppliers;
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;
F. Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and,
G. 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 this section shall not be limited by the insurance requirements set forth in these Contract Documents.
Section B
Contractor's indemnification of City of Vallejo will not include indemnification for claims which arise as the result of the active negligence of City of Vallejo, 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. 7-1.12B 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. Comprehensive General Liability Insurance Services.
2. Automobile Liability insurance.
3. Umbrella/Excess Liability insurance.
4. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
5. Pollution Liability Insurance.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence. $2,000,000 general aggregate for bodily injury, personal injury, and property damage including blanket contractual liability. $2,000,000 completed operations aggregate that shall extend a minimum of three (3) years’ beyond project completion..
2. Automobile Liability: $1,000,000 per occurrence, including owned, non-owned and hired vehicles.
3. Umbrella/Excess Liability: $4,000,000; for bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages above, including commercial general liability and employer’s liability, to include the following terms and conditions:
Section B
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
i. Pay on Behalf of Insured” wording (NOT reimbursement) ii. Concurrency of effective dates with primary policies; and iii. Policies shall follow form to the underlying primary policies.
4. 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.
5. Pollution Liability Insurance: $1,000,000 per claim and in the aggregate.
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
1. General Liability and Automobile Liability Coverage
a. The City must be named an additional insured on the ACORD form and on an endorsement form using the following
language: “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 subconsultants.”
b. The endorsement must state that the Contractor's insurance Section B
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 subconsultants 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 subconsultants.
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.
2. Workers' Compensation and Employers Liability Coverage a. 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 subconsultants.
3. All Coverage
a. 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:VII.
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.
Section B
Include insurer’s NAIC numbers on ACCORD form.
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
Upon commencement of construction, contractor shall obtain and maintain builder’s risk insurance as specified below:
i) Completed Operations Coverage:$2,000,000 which shall extend three (3) years beyond project completion.
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.
J. Cancellation or Non-Renewal
Policies must provide that notice of cancellation or non-renewal must be received by the City at least thirty days prior to such event. 7-1.12B(4) Enforcement
The City of Vallejo may take any steps as are necessary to assure Contractor's compliance with its obligations. Should any insurance policy lapse or be canceled during the Contract period the Contractor shall, within thirty (30) days prior to the effective expiration or cancellation date, furnish the City of Vallejo with evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein provided is a material breach of Contract. In the event the Contractor fails to maintain any insurance coverage required, the City of Vallejo may, but is not required to, maintain this coverage and charge the expense to the Contractor or terminate Contractor’s control over the work. The required insurance shall be subject to the review and acceptance of City of Vallejo, but any acceptance of insurance certificates by the City of Vallejo shall in no way limit or relieve the Contractor of the Contractor's duties and responsibilities under the Contract to indemnify, defend and hold harmless the City of Vallejo, its officers, agents, and employees. Insurance coverage in the minimum amounts set forth herein Section B
shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City of Vallejo from taking other actions as is available to it under any other provision of the Contract or law. Failure of the City of Vallejo to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at a later date.
7-1.12B(5) Self-Insurance
Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and acceptance by the City of Vallejo of evidence of the Contractor's financial capacity to respond. Additionally, self-insurance programs or retentions must provide the City of Vallejo with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance. 7-1.12B(6) Miscellaneous
Nothing contained in the Contract is intended to make the public or any member thereof a third party beneficiary of the Insurance or Indemnity provisions of these Standard Specifications, nor is any term, condition or other provision of the Contract intended to establish a standard of care owed to the public or any member thereof. 7-1.125 Legal Actions Against the City of Vallejo
In the event litigation is brought against the City of Vallejo concerning compliance by the City of Vallejo with State or Federal laws, rules or regulations applicable to public works construction, the provisions of this Section 7-1.125 shall apply.
A. If, pursuant to court order, the City of Vallejo prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," unless the Contract is terminated as hereinafter provided.
B. If, pursuant to court order (other than an order to show cause) the City of Vallejo is prohibited from requiring the Contractor to perform all or any portion of the work, the City of Vallejo may, if it so elects, eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.
C. If the final judgment in the action prohibits the City of Vallejo from requiring the Contractor to perform all or any portion of the work, the City of Vallejo will either eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.
D. If the Contract is to be terminated, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions in Section 8-1.11, "Termination of Contract."
Section B
7-1.13 Disposal of Material Outside the Public Right of Way If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City of Vallejo, or, if material is to be disposed of and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the public right of way and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material outside the public right of way, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site(s) involved and has obtained the appropriate permits, licenses and clearances.
When any material is to be disposed of outside the public right of way, and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City of Vallejo from any and all responsibility in connection with the disposal of material on the property. Before any material is disposed of on the property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.
When material is disposed of as above provided and the disposal location is visible from public view, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.
Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.
Such arrangements are not a part of the Contract and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property, or that any material can be disposed of on the property.
In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Section B
Work," the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners' properties.
The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 7-1.13 concerning the documents.
The Bidder or Contractor shall make such independent investigation and examination as the Bidder or Contractor deems necessary to be satisfied as to the quantity and types of materials which may be disposed of on the property (if any) and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.
Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:
A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the disposal site on any terms mutually agreeable to the owner and the Contractor; provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.
If the Contractor elects to dispose of material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo and the Contractor shall pay those charges that are provided for in the arrangement made by the City of Vallejo with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material disposed of.
If the Contractor elects to dispose of material under (2), the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.
Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of either - (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.
Full compensation for all costs involved in disposing of materials as specified in this Section 7-1.13, including all costs of hauling, shall be considered as included in the price Section B
paid for the Contract item of work involving the materials and no additional compensation will be allowed therefor.
7-1.14 Cooperation
Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other Contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform, or to have performed, other or additional work at or near the site (including material sources) at any time, by the use of other forces, without changing the character of the work.
When 2 or more Contractors are employed on related or adjacent work, or obtain materials from the same material source, as provided in Section 6-2.02, "Possible Local Material Sources," or Section 6-2.03, "Mandatory Local Material Sources," each shall conduct their operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion. 7-1.15 Relief From Maintenance and Responsibility
Upon request of the Contractor, the Director, or the Director’s designated representative, may relieve the Contractor of the duty of maintaining and protecting certain portions of the work as described below, which have been completed in all respects in accordance with the requirements of the Contract and to the satisfaction of the Engineer, and thereafter except with the Contractor's consent, the Contractor will not be required to do further work thereon. In addition, the action by the Director will relieve the Contractor of responsibility for injury or damage to those completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause but not from injury or damage resulting from the Contractor's own operations or from the Contractor's negligence.
Portions of the work for which the Contractor may be relieved of the duty of maintenance and protection as provided in the above paragraph include, but are not limited to, the following:
A. The completion of 0.5-km {0.3-mile} of roadway or 0.5-km {0.3-mile} of one roadway of a divided highway or a frontage road including the traveled way, shoulders, drainage control facilities, planned roadway protection work, lighting and any required traffic control and access facilities.
B. A bridge or other structure of major importance.
Section B
C. A complete unit of a traffic control signal system or of a highway lighting system.
D. Non-highway facilities constructed for other agencies.
However, nothing in this Section 7-1.15 providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for making good any defective work or materials found at any time before the formal written acceptance of the entire Contract by the Director. Furthermore, nothing in this section shall obligate the Director to relieve the Contractor for responsibility for any portion of the work and the Director may refuse to relieve the Contractor from responsibility for any reason, at the Director’s (or his delagee’s) sole discretion. 7-1.16 Contractor's Responsibility for the Work and Materials The Contractor shall be completely responsible for the care and condition of the project improvements in their entirety until completion of the maintenance period and acceptance by the City. The Contractor shall provide all watchmen, guards, and security devices, as he/she deems necessary.
Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein (including materials for which the Contractor has received partial payment as provided in Section 9-1.06, "Partial Payments," or materials which have been furnished by the City of Vallejo) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work, except as provided in Sections 7-1.08, "Public Convenience," and 7-1.15, "Relief From Maintenance and Responsibility." The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," and in Section 19-2.04, "Slides and Slipouts," and except for those injuries, losses, or damages that are directly and proximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work or materials from damage, the Contractor shall, at the Contractor's expense, provide suitable drainage of the roadway and erect those temporary structures that are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of the responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at the Contractor's expense, properly store materials which have been partially paid for by the City of Vallejo or which have been furnished by the City of Vallejo. Storage by the Contractor shall be on behalf of the City of Vallejo and the City of Vallejo shall at all times be entitled to the possession of the materials, and the Contractor shall promptly return the materials to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.
Section B
7-1.165 Damage by Storm, Flood, Tsunami or Earthquake
Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials." In the event damage to the work is caused by a storm, flood, tsunami, earthquake or other natural disaster which constitutes an "Occurrence," as hereinafter defined, the provisions in this Section 7-1.165 shall be applicable, and the Contractor may apply in writing to the Engineer for the City of Vallejo to pay or participate in the cost of repairing damage to the work from that cause or, in lieu thereof, and at the sole discretion of the City of Vallejo, terminate the Contract and relieve the Contractor of further obligation to perform the work, subject to the following:
A. Occurrence - "Occurrence" shall include tsunamis, earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and storms, floods and other natural disasters as to which the Governor has proclaimed a state of emergency when the damaged work is located within the territorial limits to which the proclamation is applicable or, which were, in the opinion of the Engineer, of a magnitude at the site of the work sufficient to have caused such a proclamation had they occurred in a populated area or in an area in which such a proclamation was not already in effect.
B. Application by Contractor - The Contractor's written request for the City of Vallejo to pay or to participate in the cost of rebuilding, repairing, restoring or otherwise remedying the damage to the work caused by the Occurrence shall be submitted to the Engineer before performing any work other than emergency work, including emergency work necessary to provide for passage of public traffic.
C. Protecting the Work from Damage - Nothing in this section shall be construed to relieve the Contractor of the responsibility to protect the work from damage. The Contractor shall bear the entire cost of repairing damage to the work caused by the Occurrence which the Engineer determines was due to the failure of the Contractor to comply with the requirements of the Contract Documents, take the best measures to protect the work or exercise the best engineering and construction practices in the conduct of the work, and those repair costs shall be excluded from consideration under the provisions of this section.
D. Repair Work - Repair of damaged work under the provisions of this section shall be pursuant to a Contract change order issued hereunder and specifying the repair work to be performed on the damaged facility. The repair work shall consist of restoring the in-place construction (for the purposes of this section erected falsework and formwork shall be considered in-place construction) to the same state of completion to which the work had advanced prior to the Occurrence.
Emergency work which the Engineer determines would have been part of the repair work if it had not previously been performed, will be considered to be part of the repair work.
The City of Vallejo reserves the right to make changes in the drawings and Specifications applicable to the portions of the work to be repaired, and if those changes will increase Section B
the cost of repairing the damage over the Engineer's estimate of the cost of repair without the changes, the Contractor will be paid for the increased costs in accordance with Subsection E and the increased cost amount shall not be considered in determining the cost of repair to be borne by the Contractor under Subsection F.
Nothing in this section shall be construed to relieve the Contractor of full responsibility for the risk of injury, loss or damage to materials not yet incorporated in the work and to materials, tools and equipment (except erected falsework and formwork) used to perform the work, or to relieve the Contractor of responsibility under Section 7-1.12, "Indemnification and Insurance." The provisions of this section shall not be applicable to the repair of damage caused by an Occurrence to any portion of the work as to which the Contractor has been granted relief from maintenance and responsibility pursuant to Section 7-1.15, "Relief From Maintenance and Responsibility," or to the removal of slides and slipouts or the repair and restoration of damage to the work resulting from slides and slipouts pursuant to Section 19-2.04, "Slides and Slipouts." E. Determination of Costs - Unless otherwise agreed between the Engineer and the Contractor, the cost of the work performed pursuant to this Section 7-1.165 will be determined in conformance with the provisions in Section 9-1.03, "Force Account Payment," except there shall be no markup allowance pursuant to Section 9-1.03A, "Work Performed by Contractor," unless the Occurrence that caused the damage was a tsunami or earthquake. The cost of emergency work, which the Engineer determines would have been part of the repair work if it had not previously been performed, will be determined in the same manner as the authorized repair work. The cost of repairing damaged work which was not in compliance with the requirements of the drawings and Specifications shall be borne solely by the Contractor, and those costs shall not be considered in determining the cost of repair under this Subsection E.
F. Payment for Repair Work - BLANK
G. Termination of Contract - If the City of Vallejo elects to terminate the Contract, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8-1.11, "Termination of Contract."
7-1.17 Acceptance of Contract
When the Engineer has made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the Contract work has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the Director formally accept the Work as complete. Upon satisfactory completion of the Work and following the written acceptance of the Work as such by the Director or the Director’s designated representative, the Engineer shall recommend the acceptance of the Contract to the City Council. Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records Section B
of the Solano County Recorder's Office.
7-1.18 Property Rights in Materials
Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made as provided in Section 9-1.06, "Partial Payments," for material delivered on the ground or stored subject to or under the control of the City of Vallejo and unused. All the material shall become the property of the City of Vallejo upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City of Vallejo and unused, as provided in Section 9-1.06.
7-1.19 Rights in Land and Improvements
Nothing in these Contract Documents shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City of Vallejo and any owner, former owner, or tenant of the land, structure, or building.
The Contractor shall not occupy City of Vallejo-owned property outside the right of way as shown on the drawings or maps, unless the Contractor enters into a rental agreement with the City of Vallejo. The agreement will be based on the fair rental values. 7-1.20 Personal Liability
Neither the Director, the Engineer nor any other officer or authorized employee of the City of Vallejo, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Contract. 7-1.21 Repair of Equipment
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment or tools used in or upon the work shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the Contract, shall be subject to all the requirements relating to labor set forth in these Contract Documents.
7-1.22 Material Plants
The construction, erection and operation of material production, proportioning or mixing Section B
plants from which material is used wholly on the Contract or on Contracts with the City of Vallejo shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on those plants shall be subject to all of the requirements relating to labor set forth in these Contract Documents.
Section B
Section B
SECTION 8: PROSECUTION AND PROGRESS
8-1.01 Subcontracting
The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under the Contractor's control.
No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents.
The Contractor shall perform, with the Contractor's own organization, Contract work amounting to not less than 50 percent of the original total Contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total Contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Engineer's Estimate are preceded by the letters (S) or (S-F), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to acceptance by the Engineer.
Subcontracts shall include provisions that the Contract between the City of Vallejo and the Contractor is part of the subcontract, and that all terms and provisions of the Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer within three (3) days of the Engineer’s request.
Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City of Vallejo, the subcontractor shall be removed immediately on the request of the Engineer and shall not again be employed on the work.
The roadside production of materials produced by other than the Contractor's forces shall be considered as subcontracted. Roadside production of materials shall be construed to be production of aggregates of all kinds with portable, semi portable or temporary Section B
crushing or screening, proportioning and mixing plants established or reopened for the purpose of supplying aggregate or material for a particular project or projects. The erection, establishment or reopening of the plants and the operation thereof in the production of materials for use on the work shall conform to the requirements relating to labor set forth in these Specifications and in the special provisions.
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 Engineer, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
In no case shall the use of subcontractors in any way alter the position of the Contractor or Contractor's sureties with relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.
The Contractor shall pay, when due, all valid claims of subcontractors, suppliers, and workmen with respect to the project.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility. 8-1.02 Assignment
The performance of the Contract may not be assigned, except upon the written consent of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract nor will the Director consent to any assignment of a part of the work under the Contract.
The Contractor may assign moneys due or to become due the Contractor under the Contract and the assignment will be recognized by the City of Vallejo, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo. 8-1.03 Beginning of Work
The 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.
The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work Section B
at least 72 hours before work is begun. The notice shall be delivered to the Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.
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 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 and certificates of insurance. If Contractor has not provided City of Vallejo with all documents required by these Contract Documents as of the date of the Notice to Proceed, Contractor shall not be allowed on the site of the work or allowed to start work on the Project, notwithstanding the issuance of a Notice to Proceed.
When the Contractor has started work on the Project, the Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.
The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City of Vallejo with all documentation required by these Contract Documents. In no event shall there be a period of time greater than thirty (30) days, from the time the Contract forms are first received by the Contractor and the commencement of the contract time, regardless of the receipt or lack thereof by City of Vallejo of all documents required by these Contract Documents. 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. 8-1.04 (BLANK)
8-1.05 Temporary Suspension of Work
The Engineer shall have the authority to suspend the work wholly or in part, for any time period as the Engineer deems necessary, due to unsuitable weather, or to such other conditions considered unfavorable for the suitable prosecution of the work, or for any time period as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract, or for any other reason. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or accepted in writing by the Engineer, or as directed by the Engineer.
Section B
In the event that a suspension of work is ordered as provided above, and should that suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of work, which work, in the sole opinion of the Engineer, could have been performed prior to the occurrence of the unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in Sections 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," and as specified in the special provisions for the work. In the event that the Contractor fails to perform the work above specified, the City of Vallejo will perform that work and the cost thereof will be deducted from moneys due or to become due the Contractor.
In the event that a suspension of work is ordered by the Engineer due to unsuitable weather conditions, and in the sole opinion of the Engineer, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 4-1.03D or, at the option of the Engineer, that work will be performed by the City of Vallejo at no cost to the Contractor.
If the Engineer orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to other conditions considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8-1.06, "Time of Completion." If a portion of work at the time of the suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.
If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-1.06, "Time of Completion."
No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.
Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays."
In the event of a suspension of work under any of the conditions set forth in this Section Section B
8-1.05, the suspension of work shall not relieve the Contractor of the responsibilities as set forth in Section 7, "Legal Relations and Responsibility." 8-1.06 Time of Completion
The Contractor shall complete all or any designated portion of the work called for under the Contract Documents in all parts and requirements within the time set forth in the Contract Documents.
A working day is defined as any day, except as follows:
A. Saturdays, Sundays and legal holidays;
B. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on that operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; or
C. Days on which the Contractor is prevented, by reason of requirements in "Maintaining Traffic" of the special provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations.
Should the Contractor prepare to begin work at the regular starting time of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter during that day and the major portion of the day could be considered to be suitable for those construction operations.
The current controlling operation or operations is to be construed to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer and the Contractor, which, if delayed or prolonged, will delay the time of completion of the Contract.
Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Contractor will be allowed 15 days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The Engineer will furnish the Contractor a weekly Section B
statement showing the number of working days charged to the Contract for the preceding week, the number of working days of time extensions being considered or accepted, the number of working days originally specified for the completion of the Contract and the number of working days remaining to complete the Contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work." 8-1.07 Liquidated Damages
It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements is not completed within the number of working days as set forth in the Contract Documents, damage will be sustained by the City of Vallejo, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City of Vallejo will sustain in the event of and by reason of the delay; and it is therefore agreed that the Contractor will pay to the City of Vallejo, the sum set forth in the Contract Documents per day for each and every calendar day's delay in completing the work in excess of the number of working days prescribed; and the Contractor agrees to pay the liquidated damages herein provided for, and further agrees that the City of Vallejo may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.
The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Contract Documents for the completion of the work caused by acts of God or of the public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor shall notify the Engineer in writing of the causes of delay within 3 days from the beginning of that delay.
The Engineer shall ascertain the facts and the extent of the delay, and the Engineer's findings thereon shall be final and conclusive.
No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources in a diligent and timely manner, and further proof in the form of supplementary progress schedules, as required in Section 8-1.04, "Progress Schedule," that the inability to obtain the materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials.
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Except for the additional compensation provided for in Section 8-1.09, "Right of Way Delays," the Contractor shall have no claim for damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section 8-1.08 Termination of Control
Whenever, in the opinion of the City of Vallejo, the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City of Vallejo may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.
If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, the City of Vallejo may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor's sureties.
Upon such termination, the City of Vallejo may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City of Vallejo assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City of Vallejo agrees to pay for such materials and the use of said equipment at a reasonable compensation.
Upon such termination or the City of Vallejo's declaration that the Contractor is in default, the City of Vallejo may direct the surety to complete, or cause to be completed, the Contract work, or the City of Vallejo may direct that all or any part of the work be completed by day labor, or by employment of other contractors on informal contracts, or both. If the City of Vallejo directs the surety to complete or cause to be completed, the Contract work, Contractor's performance bond surety agrees to immediately undertake to complete or cause to be completed, all Contract work. If surety fails or refuses to immediately complete or cause to be completed, all Contract work, surety agrees that damage will be sustained by the City of Vallejo, and that it is and will be impracticable to determine the actual amount of damage by reason of such acts; and the Contractor and surety agree that in addition to any other damages City of Vallejo may sustain and may be recovered pursuant to these Contract Documents, including but not limited to, other liquidated damages for delay, or actual damages, the sum of FIVE HUNDRED DOLLARS Section B
($500.00) is a reasonable amount to be charged as liquidated damages for each day surety fails or refuses to complete or cause to be completed, all Contract work, and it is therefore agreed that the Contractor and surety will pay to the City of Vallejo this sum, for each and every calendar day surety fails or refuses to complete or cause to be completed, the Contract work; and the Contractor and surety further agree that the City of Vallejo may deduct and retain the amount thereof from any monies due the Contractor under the Contract.
If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City of Vallejo in finishing the work, plus all damages sustained, or to be sustained, by the City of Vallejo, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor. If the sum so expended exceeds the unpaid balance, the Contractor and Contractor's surety are liable to the City of Vallejo for the amount of such excess. If the surety completes the Contract work as provided above, such surety shall be subrogated to money due under the Contract, and to money which shall become due in the course of completion by the surety. However, Contractor and surety agree that any subrogation rights of surety are subordinate to and inferior to rights of City of Vallejo.
The City of Vallejo 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.
8-1.09 Right of Way Delays
If, through the failure of the City of Vallejo to acquire or clear right of way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant, there shall be paid to the Contractor that amount that the Engineer may find to be a fair and reasonable compensation for that part of the Contractor's actual loss, that, in the opinion of the Engineer, was unavoidable, determined as follows:
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Section 9-1.03A(3), "Equipment Rental," with the following exceptions:
A. The right of way delay factor for each classification of equipment shown in the State Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is a part of the Contract, will be applied to that equipment rental rate.
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B. The time for which the compensation will be paid will be the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day.
C. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay, except that when rental of equipment is paid for under the provisions in Section 9-1.03A (3b), "Equipment not on the Work," no payment will be made for right of way delays in conformance with the provisions in this Section 8-1.09.
Actual loss shall be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this Section 8-1.09 and compensation for idle time of workers will be determined as provided in Section 9-1.03A(1), "Labor," and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided in Section 4-1.03D.
If performance of the Contractor's work is delayed as the result of the failure of the City of Vallejo to acquire or clear right of way, an extension of time determined pursuant to the provisions in Section 8-1.07, "Liquidated Damages," will be granted. 8-1.10 Utility and Non-Highway Facilities
It is anticipated that some or all of the utility and other non-highway facilities, both above ground and below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as a part of the highway improvement will be rearranged in advance of construction operations. Where it is not anticipated that the rearrangement will be performed prior to construction, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the drawings or in the special provisions. Where a rearrangement is indicated on the drawings or in the special provisions, the Contractor will have no liability for the costs of performing the work involved in the rearrangement.
The right is reserved to the City of Vallejo and the owners of facilities, or their authorized agents, to enter upon the highway right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces.
Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non-highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.
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Attention is directed to the possible existence of underground facilities and utilities not indicated in the Contract Documents and to the possibility that utilities may be in a location different from that which is indicated in the Contract Documents. The Contractor shall ascertain the exact location of all utilities , the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities prior to doing work.
If the Contractor cannot locate an underground facility or utility whose presence is indicated in the Contract Documents after a diligent search and investigation, the Contractor shall immediately so notify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the drawings or in the special provisions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4-1.03D.
If the Contractor discovers utilities not indicated in the Contract Documents, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The utilities shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in Section 4-1.03D. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the utilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care or to comply with the terms of the Contract Documents, will be paid for as extra work as provided in Section 4-1.03D. Damage due to the Contractor's failure to exercise reasonable care or comply with the Contract Documents shall be repaired at the Contractor's cost and expense.
Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the highway improvement and the drawings and Specifications do not provide that the facility is to be rearranged, the Engineer will provide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-1.03D.
When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4-1.03D.
Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the drawings or in the special provisions, the Contractor shall make whatever arrangements are necessary with the owners of the utility or other non-highway facility for the rearrangement and bear all expenses in connection therewith.
The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not Section B
indicated on the drawings or in the special provisions or were located in a position substantially different from that indicated on the drawings or in the special provisions, or as a direct result of utility or other non-highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). These delays will be considered right of way delays within the meaning of Section 8-1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09. The Contractor shall be entitled to no other compensation for that delay.
Any delays to the Contractor's operations as a direct result of utility or other non-highway facilities not being rearranged as provided in this Section 8-1.10, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in Section 8-1.07, "Liquidated Damages." The Contractor shall be entitled to no other compensation for that delay.
8-1.11 Termination of Contract
The Contract may be terminated by the Director when termination is authorized by Section 7-1.125, "Legal Actions Against the City of Vallejo," Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," or by other provisions of the Contract which authorize termination. The City of Vallejo also reserves the right to terminate the Contract at any time upon a determination by the Director that termination of the Contract is in the best interest of the City of Vallejo.
If the Director elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the following:
A. The Engineer will issue the Contractor a written notice signed by the Director, specifying that the Contract is to be terminated. Upon receipt of the written notice, the Contractor will be relieved of further responsibility for damage to the work (excluding materials) as specified in Section 7-1.16, "Contractor's Responsibility for the Work and Materials," and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. Stop all work under the Contract except that specifically directed to be completed prior to acceptance.
2. Perform work the Engineer deems necessary to secure the project for termination.
3. Remove equipment and plant from the site of the work.
4. Take action that is necessary to protect materials from damage.
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5. Notify all subcontractors and suppliers that the Contract is being terminated and that their Contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
6. Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.
7. Dispose of materials not yet used in the work as directed by the Engineer.
It shall be the Contractor's responsibility to provide the City of Vallejo with good title to all materials purchased by the City of Vallejo hereunder, including materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and with bills of sale or other documents of title for those materials.
8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10. Take other actions directed by the Engineer.
B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.
2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.
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When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.
C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.
D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be made, when the Contract is terminated under the authority of Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.
3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.
4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8-1.11, shall be open to Section B
inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.
After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 9-1.07B, "Final Payment and Claims," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.
All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
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SECTION 9: MEASUREMENT AND PAYMENT
9-1.01 Measurement of Quantities
All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with the International System of Units (SI) {United States Standard Measures. A ton shall consist of 2,000 pounds avoirdupois}.
Unless shipped by rail, material paid for by mass shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by the Division of Measurement Standards or its designated representative.
Weighing, measuring and metering devices used to measure the quantity of materials used in the work shall be suitable for the purpose intended and shall conform to the tolerances and Specifications as outlined in Title 4, Chapter 9 of the California Code of Regulations, the provisions of the California Business and Professions Code, Division 5, and these Specifications. Devices not Type-approved by the Division of Measurement Standards shall be Type-approved in conformance with the requirements in California Test 109.
Elements of the material plant controller which affect the accuracy or delivery of data shall be made available for the application of security seals. These devices will be inspected and adjusting elements sealed prior to the first production of materials for the Contract.
The security seals will be furnished by the Engineer. Material production shall cease when alteration, disconnection or otherwise manipulation of the security seals occur, and production shall not resume until the device is inspected and resealed by the Engineer.
Weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be considered to be "commercial devices" and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the Engineer may deem necessary. The installation of all portable vehicle scales must be accepted by the Engineer prior to sealing.
Vehicle scales shall be of sufficient size to permit the entire vehicle or combination of vehicles to rest on the scale deck while being weighed. Combination vehicles may be weighed as separate units provided they are disconnected while being weighed. The maximum concentrated load shall not exceed the manufacturer's designed sectional capacity of the scale.
Weighing, measuring or metering devices required by these Specifications for the purpose of proportioning a material or product will be considered to be "non-commercial devices" and shall be tested and accepted in conformance with the requirements in California Test 109. This testing shall be done by one of the following, in the presence of the Engineer, as often as the Engineer deems necessary:
A. A County Sealer of Weights and Measures;
B. A Scale Service Agency; or
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C. A Division of Measurement Standards Official.
The Contractor shall notify the Engineer at least 24 hours in advance of testing the device.
Undersupports for scale bearing points shall be constructed of Portland cement concrete produced from commercial quality aggregates and cement, which contains not less than 275 kg of cement per cubic meter {463 pounds of cement per cubic yard}. Undersupports shall be constructed in a manner to prevent any shifting or tilting of the support and shall have a minimum height of 350 mm {14 inches} above ground line. The footings shall have a minimum depth of 150 mm {6 inches} below the ground line. The bearing surface of the footings shall have a minimum width of 760 mm {30 inches} and shall be of sufficient area so the pressure does not exceed 200 kPa {4,000 pounds per square foot}.
Adequate drainage shall be provided to prevent saturation of the ground under the scale.
Scale bulkheads shall be of adequate material and strength to resist displacement. If timber bulkheads are used, the minimum cross section shall be 200 mm x 200 mm {8 inches x 8 inches}. Wedges shall not be used to shim the supports. If shimming is necessary, the shimming shall be done by securely attached metal shims, or by grouting.
Shimming shall not exceed 75 mm {3 inches}. The approach ramps shall be level with the scale deck for a distance of not less than one-half the length of the scale deck. The mechanical indicating elements shall be installed level and plumb and shall be rigidly mounted upon a concrete foundation.
The lever system and mechanical indicating elements of hopper scales shall be rigidly attached to non-yielding supports in such a manner as to prevent any loss in weight due to bending and distortion of the supports.
When a multiple beam type scale is used in proportioning materials, an over and under indicator shall be provided which will give positive visible evidence of the amount of any over and under weight. The indicator shall be so designed that the indicator will operate during the addition of the last 90 kg {200 pounds} of any weighing. The over-travel of the indicator shall be at least one-third of the loading travel. Indicators shall be enclosed against moisture and dust.
Over and under dials, and other indicators for weighing and measuring systems used in proportioning materials shall be grouped so that the smallest increment for each indicator can be accurately read from the point at which the proportioning operation is controlled.
The Contractor shall bear the expense of all service fees for testing and approving of "non-commercial devices." The cost of the equipment, labor and materials furnished by the Contractor to assist in the testing of weighing, measuring or metering devices will be considered as included in the Contract prices paid for the various Contract items of work requiring the weighing, measuring or metering and no separate payment will be made therefor.
Whenever pay quantities of material are determined by weighing, the scales shall be operated by a weighmaster licensed in conformance with the requirements in the California Business and Professions Code, Division 5, Chapter 7. The Contractor shall Section B
furnish a Public weighmasters certificate or certified daily summary weigh sheets. A representative of the City of Vallejo may, at the discretion of the Engineer, be present to witness the weighing and to check and compile the daily record of the scale weights.
When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver that slip to the Engineer at the point of delivery of the material.
If material is shipped by rail, the car mass will be accepted provided that actual mass of material only will be paid for and not minimum car mass used for assessing freight tariff, and provided further that car mass will not be acceptable for material to be passed through mixing plants.
Vehicles used to haul material being paid for by mass shall be weighed empty daily and at additional times as the Engineer may direct. Each vehicle shall bear a plainly legible identification mark. Vehicles may from time to time be required by the Engineer to have the mass of the material to be paid for verified by weighing the empty and loaded vehicle on such other scales as the Engineer may designate.
Materials which are specified for measurement by volume, i.e. cubic yard, cubic foot, etc., shall be measured completed as-constructed. Whenever earthwork is to be measured by volume, it shall be measured “in-situ,” unless otherwise specified in the Contract documents. Materials "measured in the vehicle" shall be hauled in vehicles of such type and size that the actual contents may be readily and accurately determined. Unless all vehicles are of uniform capacity, each vehicle must bear a plainly legible identification mark indicating its water level capacity. Vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Loads hauled in vehicles not meeting the above requirements or loads of a quantity less than the capacity of the vehicle, measured after being leveled off as above provided, will be subject to rejection, and no compensation will be allowed for that material.
When material is to be measured and paid for on a volume basis and it is impractical to determine the volume by the specified method of measurement, or when requested by the Contractor in writing and accepted by the Engineer in writing, the material will be weighed in accordance with the requirements specified for mass measurement and the mass will be converted to volume measurement for payment purposes. Factors for conversion from mass measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before that method of measurement of pay quantities will be adopted.
Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside of the lines indicated on the drawings or established by the Engineer; or material remaining on hand after completion of the work will not be paid for, and those quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of Section B
rejected material.
The mass of all aggregate or other roadway material which is to be paid for on a mass basis, except imported borrow, imported topsoil, straw, fiber, aggregate sub bases, aggregate bases or aggregate for cement treated bases, will be determined by deducting from the mass of material, the mass of water in the material at the time of weighing in excess of 3 percent of the dry mass of the material. When imported borrow, imported topsoil or aggregate subbase is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of the material, the mass of water in the material at the time of weighing in excess of 6 percent of the dry mass of the material.
When straw is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of straw, the mass of water in the straw at the time of weighing in excess of 15 percent of the dry mass of the straw. When fiber is being paid for on a mass basis, the mass of water in the fiber at the time of weighing shall not exceed 15 percent of the dry mass of the fiber. No deduction will be made for the mass of water in fiber. The percentage of water in the material shall be determined by California Test 226.
The mass of aggregate base and aggregate for cement treated bases which are to be paid for on a mass basis, will be determined as provided in Section 26, "Aggregate Bases," and Section 27, "Cement Treated Bases," respectively.
The mass of water deducted as provided in this Section 9-1.01 will not be paid for.
Full compensation for all expense involved in conforming to the requirements specified in this Section 9-1.01 shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional compensation will be allowed therefor. 9-1.015 Final Pay Items
When an item of work is designated as (F) or (S-F) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures in Section 5.1-1.22, "Measurement." If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as (F) or (S-F) in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the drawings, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the Section B
drawings, payment will be based on the quantity shown in the Engineer's Estimate.
Under no circumstances will Contractor be entitled to payment for any final pay quantity that is greater than the unit quantity price for the final pay quantity item set forth in the proposal form.
9-1.02 Scope of Payment
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work required under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Contract Documents.
No compensation will be made in any case for loss of anticipated profits. 9-1.03 Force Account Payment
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
9-1.03A Work Performed by Contractor
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," except where agreement has been reached to pay in conformance with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." To the total of the direct costs computed as provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.
The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8-1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work including Section B
all markups specified in this Section 9-1.03A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 9-1.03A(1) Labor
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
9-1.03A(1a) Actual Wages
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. 9-1.03A(1b) Labor Surcharge
To the actual wages, as defined in Section 9-1.03A(1a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.03A(1a) and subsistence and travel allowance as specified in Section 9-1.03A(1C). 9-1.03A(1c) Subsistence and Travel Allowance
The actual subsistence and travel allowance paid to the workers. 9-1.03A(2) Materials
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
9-1.03A(2a)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken.
9-1.03A(2b)
Section B
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials. 9-1.03A(2c)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower. 9-1.03A(2d)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(2e)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9-1.03A(2a). 9-1.03A(3) Equipment Rental
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9-1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.
Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if Section B
equipment not on the job site is required to be mobilized to perform extra work.
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge And Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 9-1.03A(1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns. 9-1.03A(3a) Equipment on the Work
The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.
The following shall be used in computing the rental time of equipment on the work:
A. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
Section B
B. When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation.
9-1.03A(3b) Equipment not on the Work
When extra work, other than work specifically designated as extra work in the drawings and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
A. The Engineer shall specifically approve the necessity for the use of particular equipment on such work.
B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.
C. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.
D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.
For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
A. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.
B. The City of Vallejo will pay the costs of loading and unloading the equipment.
C. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at Section B
the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used more than 4 hours of operation, payment will be made for one day.
E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.
F. Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis. 9-1.03A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
A. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."
B. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the rates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner-operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 9-1.03A(lb), "Labor Surcharge."
C. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9-
1.03A, "Work Performed by Contractor."
Section B
9-1.03A(3d) Dump Truck Rental
Dump truck rental shall conform to the provisions in Sections 9-1.03A(3), "Equipment Rental," 9-1.03A(3a), "Equipment on the Work," and 9-1.03A(3b), "Equipment not on the Work," except as follows:
Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing Contract item work.
In the absence of Contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.
The provisions in Section 9-1.03A(1), "Labor," shall not apply to operators of rented dump trucks.
The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.
To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor. No separate markup will be made for labor.
The provisions in Section 9-1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.
9-1.03B Work Performed by Special Forces or Other Special Services When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
9-1.03C RECORDS
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.
From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall state the direct cost of labor and the charges for equipment Section B
rental, whether furnished by the Contractor, subcontractor or other forces, except for charges described in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names, identifications, and classifications of all workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated.
Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first. Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.
Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative, and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work. Signature by the City’s representative does not constitute approval for payment. All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment.
The City reserves the right to make adjustments to the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.
The Engineer will compare the Engineer's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, the reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City of Vallejo.
The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor and all subcontractors shall retain those records for that period.
Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor.
If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin.
9-1.03D Payment
Payment as provided in Sections 9-1.03A, "Work Performed by Contractor," and 9-1.03B, Section B
"Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 9-1.06, "Partial Payments." The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.
9-1.04 (Blank)
9-1.05 Stop Notices
The City of Vallejo, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.
9-1.06 Partial Payments
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo-furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.
Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer, and shall contain itemized amounts in accordance with the Contract Section B
Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.
If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.
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 of Vallejo may withhold from payment, on account of any of the following:
Defective work not remedied;
Third-party claims against Contractor or City of Vallejo arising from the acts or omissions of Contractor or subcontractors;
Stop notices;
Failure of Contractor to make timely payments due to subcontractors for material or labor;
A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid;
Damage to the City of Vallejo or others for which Contractor is responsible; Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay; Failure of Contractor to maintain, update, and submit record documents; Failure of Contractor to submit schedules or their updates as required by the Contract Documents;
Performance of the work by Contractor without properly processed shop drawings; Section B
Liquidated damages assessed;
Any other failure of Contractor to perform its obligations under the Contract Documents.
By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment.
The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.
Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):
Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
9-1.065 Payment of Withheld Funds
Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vallejo, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Alternatively, upon the Contractor's request, the City of Vallejo will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.
Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City of Vallejo.
Alternatively, and subject to the acceptance by the City of Vallejo, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent. Upon written request of an escrow agent that has not been approved by the City of Vallejo under subdivision (c) of Section 10263 of the Public Contract Code, the City of Vallejo will Section B
provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. The payments will be deposited in a trust account with a Federally chartered bank or savings association within 24 hours of receipt by the escrow agent. The Contractor shall not place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section 17314 of the Financial Code. In all respects not inconsistent with subdivision (c) of Section 10263 of the Public Contract Code, the remaining provisions of Section 10263 of the Public Contract Code shall apply to escrow agents acting pursuant to subdivision (c) of Section 10263 of the Public Contract Code.
Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by the Contractor and the City of Vallejo.
The escrow agreement used pursuant to this Section 9-1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.
The Contractor shall obtain the written consent of the surety to the agreement. 9-1.07 Payment After Acceptance
After the work has been accepted in writing by the Director, as provided in Section 7-1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9-1.07.
9-1.07A Payment Prior to Proposed Final Estimate
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon.
9-1.07B Final Payment
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.
Section B
The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day.
No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.
On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo will pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 7-1.17, "Acceptance of Contract”. That final estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.
9-1.07C Claims
The Claims procedures set forth in this section 9-1.07C are in addition to any claims procedures or rights available to Contractor pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204 and Contractor’s exhaustion of its administrative remedies pursuant to this section 9-1.07C is a condition precedent to Contractor pursuing any claim pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204 A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.
In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9-1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
Section B
A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.
Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.
If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer.
If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.
The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.
The City of Vallejo, or its authorized representatives, shall have 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 Section B
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 or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.
The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the documents, records and materials specified in this section.
B. Disputes
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.
All issues regarding the interpretation of the drawings or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the drawings or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.
Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.
C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The Section B
financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above.
An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.
The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:
1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.
2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcusable Delay.
3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.
4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract Sum in an amount equal to: (1) the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay; or (2) the Contractor’s Daily Delay Damages set forth in the Bid Form, whichever is less. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay Section B
unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time.
The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.
Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, 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.
Contractor agrees that the daily Contractor Daily Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Daily Delay Damages within the Proposal Form is solely for the purpose of determining the low Bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any Contractor Daily Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the Daily Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
D. Claim Procedures. Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any Section B
rights to further claim on the specific issue.
The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.
If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.
All Claims must be submitted to Engineer before the issuance of the final estimate.
Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.
Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim and render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9-1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages.
Contractor shall be limited in its recovery on Claims to the calculations set forth in Section B
Section 9-1.03 of these provisions.
E. Claim Format. The Contractor shall submit the Claim justification in the following format:
1. Cover letter and certification of the accuracy of the contents of the Claim;
2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;
3. List of documents relating to Claim including drawings, specifications, clarifications/requests for information, schedules and others;
4. Chronology of events and correspondence;
5. Analysis of Claim merit;
6. Analysis of Claim costs;
7. Attached supporting documents referenced in Item 3.) above.
F. Exclusive Remedy. The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.
G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall Section B
be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 9-1.075 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.
Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.
All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:
I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED
THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION
OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO
FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR
CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.
Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.
Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other Section B
records, or the Contract, shall be deemed to be damages incurred by the City of Vallejo within the meaning of the California False Claims Act.
Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
9-1.08 (BLANK)
9-1.09 Clerical Errors
Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9-1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 9-1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made. 9-1.10 (BLANK)
9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO
The right of general supervision shall not make the Contractor an agent of the City of Vallejo, 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.
9-1.12 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all third-party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract.
9-1.13 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 of Vallejo is hereby authorized to 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 written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay Section B
would cause serious loss or damages, or a serious 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. 9-1.14 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 of Vallejo, in the same manner as if such parties had been expressly named herein.
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 understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.
Contractor hereby assigns to City of Vallejo 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 of Vallejo in writing, and only as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.
The provisions of the Contract Documents shall be included in all subcontracts. 9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.
Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:
§ 20104. Application of article; provisions included in plans and specifications (i) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or Section B
improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article. (iv) This article applies only to contracts entered into on or after January 1, 1991. § 20104.2. Claims; requirements; tort claims excluded
For any claim subject to this article, the following requirements apply:
(v) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (vi) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (vii) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local Section B
agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(viii) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(ix) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (x) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses The following procedures are established for all civil actions filed to resolve claims subject to this article:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(ii) (1) If the matter remains in dispute, the case shall be submitted to Section B
judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
§ 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or judgments
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
9/1.16 Public Contract Code section 9204
Public Contract Code section 9204 requires that the following language be set forth in the specifications:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this Section B
section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects.
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(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been Section B
identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor.
A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
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(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
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Section C
SECTION C -WAGE AND EQUIPMENT RATES
1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.
The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.
In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her Subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City FIFTY DOLLARS ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.
The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 1/1/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 90 days after the completion of the public works contract and formal acceptance of the job by the City.
Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.
2. Payroll Record
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the Section C
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 the Contractor in connection with this project. This payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:
A. An employee or his/her authorized representative
B. City's representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.
Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.
In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City TWENTYFIVE DOLLARS ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.
3. Equipment Rental Rates
Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications at the rates listed in the EQUIPMENT RENTAL RATES TABLE of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the City Engineer's Office.
Section C
STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 603
San Francisco, CA 94101
FROM: City of Vallejo
Public Works Department
P.O. Box 3068
Vallejo, CA 94590
833690000
A contract to perform public works under Labor Code §1777.5 has been awarded to:
Name of General Contractor: Contractor's License Number:
Mailing Address: City:
Zip code: Telephone Number:
( )
Address or Location of Work Site (include City and/or County):
Contract or Project Number: Dollar Amount of Contract Award:
Starting Date (Estimated or Actual)
Month Day Year
/ /
Completion Date (Estimated or Actual)
Month Day Year
/ /
Number of Working Days:
Type of Construction (Highway, school, hospital, etc): G NEW CONSTRUCTION G ALTERATIONS Classification or Type of Workman (Carpenter, Plumber, etc.):
Is language included in the Contract Award to effectuate the provisions of Section 1777.5 as required by the Labor Code? G YES G NO
Is Language included in the Contract Award to effectuate the provisions of Section 1776 as required by the Labor Code? G YES G NO
Signature: Title: Date:
Printed or Typed Name: Telephone Number:
( )
Duplication of this form is permissible DAS 13 (RV. 7/85) Section C
STATE OF CALIFORNIA
Gavin Newsom, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katie Hagen, Director
CALIFORNIA DIVISION OF APPRENTICESHIP STANDARDS
Eric Rood, Chief
P.O. Box 420603
San Francisco, CA 94142
Telephone (415) 703-4251
DISTRICT OFFICES ADDRESS TELEPHONE
Fresno 93721 2550 Mariposa Street, Room 3080 (209) 445-5431 Los Angeles 90012 107 South Broadway, Room 5034 (213) 897-1385 Oakland 94621 7700 Edgewater Drive, Suite 327 (510) 729-5170 Sacramento 95825 2424 Arden Way, Suite 160 (916) 920-6111 San Jose 95113 100 Paseo De San Antonio, Room 125 (408) 277-1273 Santa Ana 92701 28 Civic Center Plaza, Room 525 (714) 558-4126 Section D
SECTION D: TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
PAGE
SECTION D.0100 - ORDER OF WORK..................................................................D-189 SECTION D.0200 - DUST CONTROL.....................................................................D-194 SECTION D.0300 - MOBILIZATION .......................................................................D-195 SECTION D.0400 - CPM CONSTRUCTION SCHEDULES ....................................D-197 SECTION D.0500 - SUBMITTALS ..........................................................................D-205 SECTION D.0600 - EXISTING UTILITIES ..............................................................D-216 SECTION D.0700 - TRAFFIC AND ACCESS CONTROL ......................................D-221 SECTION D.0800 - CONSTRUCTION AREA SIGNS.............................................D-228 SECTION D.0900 - RECYCLING & WASTE MANAGEMENT PLAN (WMP) ........D-230 SECTION D.1000 - WATER POLLUTION CONTROL ...........................................D-234 SECTION D.1050 - CLEARING AND GRUBBING .................................................D-240 SECTION D.1060 - SITE PREPARATION ..............................................................D-242 SECTION D.1070 - LINES AND GRADES .............................................................D-244 SECTION D.1500 - AGGREGATE BASE ...............................................................D-246 SECTION D.1600 - HOT MIX ASPHALT (TYPE A)................................................D-248 SECTION D.1700 - CONCRETE .............................................................................D-259 SECTION D.1800 - ADJUSTING UTILITY COVERS AND OTHER FACILITIES...D-269 SECTION D.1900 - SIGNING, STRIPING AND PAVEMENT MARKING ...............D-275 SECTION D.2300 - EARTHWORK .........................................................................D-280 SECTION D.2315 - UTILITY EARTHWORK...........................................................D-285 VFWD SECTION 02220 - TRENCH EXCAVATION AND BACKFILL....................D-299 VFWD SECTION D.2650 - STORM DRAIN PIPING ...............................................D-309 VFWD SECTION D.2726 - MANHOLE CONSTRUCTION .....................................D-320 VFWD SECTION D.2727 - STORM DRAIN INLET.................................................D-338 Section D
Section D
SECTION D.0100 - ORDER OF WORK
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Order of work shall conform to the provisions in Section B 5-1.05A, “Order of Work” and these technical specifications. Hours of work shall conform to the provisions in Section B 5-1.05B, “Hours of Work” and these technical specifications.
B. Attention is directed to paragraph 5 and 6 of Section B 8-1.01, “Subcontracting”
C. Attention is directed to Section B 7-1.04, “Permits and Licenses”.
Immediately upon award of the Contract the Contractor shall apply for and obtain any permits necessary to complete this project.
D. Attention is directed to Maintaining Traffic elsewhere in these technical specifications.
E. Contractor shall not start work until after a receipt of a Notice to Proceed issued by the City Engineer. The Contractor shall notify the City of Vallejo 3 weeks prior to the intended start date.
F. All trucks transporting materials shall use approved City Truck Routes as shown on City Standard Drawing 2-06.
PART 2 MATERIALS
NOT APPLICABLE
PART 3 EXECUTION
3.01 NOTICE TO AFFECTED PARTIES
A. The Contractor is to provide written notice to all affected parties of the dates and times that there will be restricted street access and parking adjacent to their parcel. The Contractor shall give a minimum of 72 hours advance notice prior to beginning work adjacent to affected parcels / businesses.
Failure to distribute notices shall be sufficient cause for the Engineer to suspend the work until such notices are distributed.
B. The notices shall include the Contractor’s name and contact information for the Contractor’s foreman, the City Engineer’s contact information, relevant locations and dates of restricted access, a description of landscaping and improvements that may be affected and/or removed and a statement that owners/residents have the right to salvage all such existing landscaping, improvements and/or materials that the Contractor may remove to facilitate construction within the right of way. The content, format, and method of Section D
delivery of such notices shall be approved by the Construction Manager prior to distribution. The Contractor is advised that notices shall not be placed in mailboxes as it is a violation of Federal Postal regulations.
C. The following shall be considered as affected parties:
1. Residents and owners who front on or are contiguous to the Project limits.
2. Residents and owners who have an ingress/egress route only from within the Project limits.
D. Notification shall be via signs posted on barricades along edge of roadway where applicable. Text shall be as approved by the Engineer. As schedules change, affected areas shall be re-notified / reposted in the above manner as often as is necessary and as directed by the Engineer at no additional cost to the City.
E. The contractor shall furnish and install “No Parking” signs a minimum of 72 hours in advance with dates and times where there will be parking restrictions or closures.
3.02 DOCUMENTATION OF EXISTING CONDITIONS
A. The Contractor shall photograph and video in sufficient detail to show all areas of the project, including but not limited to the existing sidewalk, driveways, roadway, owner/resident landscaping and improvements behind the back of walk, staging areas, routes of ingress and egress, and all other areas the Contractor believes are appropriate.
B. The photographic prints and video shall be dated and a copy shall be delivered to the City Engineer within one (1) week of the date of preparation and prior to beginning of work.
C. If, during the course of the project, the Contractor occupies areas or routes different from those documented prior to the beginning of work, the Contractor shall record and deliver supplemental documentation of existing conditions as described above.
D. After all work is completed but prior to the final acceptance of the project, the Contractor shall record and deliver documentation of the work in a similar manner as described for the existing conditions above.
3.03 PRESERVATION OF EXISTING FACILITIES
A. Attention is directed to Section 7-1.11, Preservation of Property, Section B General Provisions. Due care shall be exercised to avoid injury to existing street and highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.
Section D
B. The Contractor shall contact Underground Service Alert far enough in advance so that all utilities are marked prior to beginning work. Contractor shall be aware that PG&E, AT&T and Comcast utility companies have limited personnel to mark their utility lines. As such, Contractor shall coordinate its request to accommodate the output that can be provided by the individual utility company.
C. The Contractor shall provide a sufficient number of reference points to reestablish the existing alignment and locations of existing pavement delineations after paving has occurred. The references shall also include the limits or changes in striping pattern, including one and two-way barrier lines, limit lines, crosswalks and other pavement markings, where it is not apparent or clear in the striping drawings.
D. The Contractor shall take necessary measures to protect existing roadway utility boxes, vaults, manhole rims, posts and any other structures, from damage or defacing by construction equipment, asphalt, concrete, tack oil, striping products, etc.
E. The Contract shall take necessary measures to protect existing facilities that are to be removed and salvaged or removed and replaced as directed on the drawings. It is the Contractor’s responsibility to ensure that these materials are not damaged during the removal and/or storage and will remain responsible for these items until such time as they are reinstalled to the satisfaction of the City Engineer or the City takes possession of them. If any damage to these items occurs while they are in the Contractor’s possession, the Contractor shall replace them with like items at a similar or better quality as approved by the City. Any replacement costs will be incurred by the Contractor at no cost to the City.
3.04 SEQUENCE OF WORK
A. The Contractor shall conduct operations so as to offer the least possible obstruction and inconvenience to the public and it shall have under construction no greater portion of work than it can prosecute properly and with due regard to the safety, rights, and convenience of the public. It shall be the intent of these technical specifications to require the restoration of streets, sidewalks, landscaped areas and other work areas to their original condition and former state of usefulness as soon as practicable upon completion of a portion of the work. Truck and equipment operators shall exercise increased alertness and reduced speed when driving through the project area with respect to pedestrians, roadway curves, hills and blind spots.
B. Other work such as potholing for utility verification, over-excavation, and lowering or raising utility covers may be performed outside of the required work phasing, as decided by the contractor.
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3.05 RESIDENTIAL GARBAGE COLLECTION
A. The Contractor shall schedule proposed work so that cold planing, paving and road closures do not coincide with garbage collection days. For all other work scheduled on garbage collection days, the Contractor shall work around garbage bins placed on frontage by residents and facilitate the placement of the bins within and around the areas of work. The Contractor shall contact Recology Vallejo at 707-552-3110 to determine which day garbage will be collected from the street for work coordination purposes before work commences.
3.06 PORTABLE WATER VEHICLES
A. The Contractor shall provide and operate a portable water vehicle to deliver water for construction and materials such as aggregate base rock, for equipment and general airborne dust control. The Contractor shall be continuously prepared throughout the course of the project to immediately mitigate airborne dust nuisance. Full compensation for furnishing, hauling and operating a portable water vehicle (such as a water truck or a water tank trailer) shall be considered as included in the various Contract items of work and no additional payment will be made therefor.
3.07 ADMINISTRATIVE ITEMS
1. Pre-Construction Meetings – The Contractor shall coordinate preconstruction meetings with the City and subcontractors that will perform the demolition and / or the concrete and asphalt removal. The meetings shall occur prior to mobilization and beginning of the particular work.
2. Contractor’s Daily Roster and Manifests – The Contractor shall provide on a daily basis to the City Inspector, a list of all worker names, crafts and equipment involved with the project. In addition, the Contractor shall collect and upon request by City Inspector, immediately provide any and all materials tags or manifests.
3. Extra Work Statements – Extra work statements submitted to the City by the Contractor shall include manpower classifications, and applicable fringe benefit amounts, surcharges and markups in the calculation of charges. The Contractor is reminded that authorization must be granted by the Engineer prior to beginning any extra work on force account.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT AND PAYMENT
A. Full compensation for complying with the requirements of the above provisions shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed Section D
therefor.
END OF SECTION
Section D
SECTION D.0200 - DUST CONTROL
PART 1 GENERAL
1.01 SCOPE OF WORK
A. The Contractor shall provide a continuously available source of water for dust control during the work. Dust control shall conform to the provisions in Section 14, “Dust Control,” of the Standard Specifications and these technical specifications.
PART 2 MATERIALS
NOT APPLICABLE
PART 3 EXECUTION
3.01 DUST CONTROL
A. When necessary or when directed by the Engineer, the Contractor shall apply water for laying dust. Water shall be applied by means of pressuretype distributors equipped with a spray system that will insure a uniform application. The Contractor shall provide and operate a portable water vehicle to deliver water for construction and materials such as aggregate base rock, for equipment and general airborne dust control. The Contractor shall be continuously prepared throughout the course of the project to immediately mitigate airborne dust nuisance.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT AND PAYMENT
A. Full compensation for complying with the requirements of the above provisions, including furnishing, hauling, and operating a portable water vehicle, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
END OF SECTION
Section D
SECTION D.0300 - MOBILIZATION
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, including administration, overhead, bonds, insurance and incidentals; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on the project site. Mobilization shall include de-mobilization of equipment and personnel upon completion of construction.
B. The Contractor shall insure that adequate existing sanitation facilities are available or the Contractor shall provide and maintain adequate sanitation facilities. All wastes and refuse from sanitary facilities provided by the Contractor’s operations shall be disposed of away from the site in accordance with all laws and regulations pertaining thereto.
PART 2 EXECUTION
2.01 MOBILIZATION
A. Mobilization shall conform to the provisions in Section 9-1.16, “Mobilization,” of the Standard Specifications and these technical specifications.
2.02 STAGING
A. Contractor’s construction equipment materials and required toilet facilities are not allowed to remain within the public right-of-way outside of regular working hours. Toilet facilities, as required by 8 CCR § 1526 must be removed from the public right-of-way after regular working hours. Contractor is recommended to utilize portable toilet facilities mounted on a trailer for easier relocation on a daily basis.
B. Staging areas must be approved by the City Engineer prior to the start of construction.
PART 3 MEASUREMENT AND PAYMENT
3.01 MEASUREMENT AND PAYMENT
A. The Contract lump sum price paid for “Mobilization” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in mobilization, complete in Section D
place, including construction signs, as shown on the drawings, as specified in the Standard Specifications and these technical specifications, and as directed by the Engineer.
B. All materials, labor and expenses involved with furnishing, moving and placing construction signs and Type III barricades shall be considered to be included in the lump sum price paid for “Mobilization” and no separate payment will be made therefor.
END OF SECTION
Section D
SECTION D.0400 - CPM CONSTRUCTION SCHEDULES
PART 1 GENERAL
1.01 SCOPE OF WORK
A. This work shall include the development of the initial Critical Path Method (CPM) construction schedule, and the monthly updating of the schedule (Progress Schedules) to reflect the progress of the work and any changes or modifications of the work during construction.
PART 2 MATERIALS
2.01 GENERAL
A. The initial CPM construction schedule and subsequent Progress Schedules shall be prepared using Microsoft Project 2010. The Contractor shall submit the initial CPM schedule, and each Progress Schedule, to the City in the form required in these specifications.
PART 3 EXECUTION
3.01 QUALIFICATIONS
A. The Contractor shall employ experienced scheduling personnel qualified in Critical Path Method scheduling techniques, and the use of Microsoft Project 2010. The Contractor may employ such personnel directly or may employ a services consultant for this purpose. After bid opening, the apparent successful low bidder shall provide the City with a written verification that the Contractor has the required personnel under its employ or that the Contractor will utilize a qualified CPM scheduling consultant. The written statement shall identify the individual who will perform CPM scheduling. The qualifications of the individual shall be verified by descriptions of construction projects on which the individual has successfully applied computerized CPM scheduling. The required level of experience shall include at least two projects of a similar nature, scope, and value. The written statement shall provide contact persons for referenced projects with current telephone and address information.
B. The City reserves the right to approve the Contractor’s scheduler, or consultant, and right to reject them at any time. The City also reserves the right to refuse replacement of the Contractor’s scheduler or consultant, if it believes such replacement will negatively affect performance of the Contract Documents.
3.02 GENERAL CPM SCHEDULE NOTES
A. The CPM construction schedule shall consist of an orderly and realistic plan for completion of the work. The CPM schedule shall include a series of Section D
activities and milestones, linked by relationships, set forth in a time-scaled manner. The CPM schedule shall be based on and incorporate milestone and completion dates specified in the Contract Documents. The overall time of completion and time of completion for each milestone shown on the CPM schedule shall adhere to times in the Contract Documents, unless an earlier (advanced) time of completion is requested by the Contractor and agreed to by the City. Any such agreement shall be formalized in a written Change Order. The City is not required to accept an earlier (advanced) schedule, i.e., one that shows completion dates earlier than that required in the Contract Documents. The Contractor shall not be entitled to additional compensation for completing the work prior to the completion date set forth in the Contract Documents, even if an earlier (advanced) time of completion is accepted by the City.
B. Neither the City nor the Contractor own float time. The Project owns the float time. As such, liability for delay of the Project Completion Date rests with the party whose unexcused delay, last in time, actually causes a delay to the Project Completion Date. For example, if Party A incurs an unexcused delay and uses some, but not all, of the float, and Party B later incurs an unexcused delay which uses all of the remaining float as well as additional time beyond the remaining float, then Party B shall be liable for the delay that represents a delay to the Completion Date. Party A would not be responsible for the delay to the Completion Date since it did not consume all of the float with its unexcused delay, and additional float remained, therefore, the Completion Date was unaffected by Party A.
C. The Progress Schedule shall be the basis for evaluating project progress, payment requests, and time extension requests. Responsibility for developing all Contract CPM schedules and monitoring actual progress as compared to the Progress Schedule rests with the Contractor.
D. Failure of the initial CPM schedule or Progress Schedules to include any element of the work or any inaccuracy in Progress Schedules shall not relieve the Contractor from responsibility for accomplishing the work in accordance with the Contract Documents. The City’s acceptance of schedules shall be for its use in monitoring and evaluating project progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon the City, or act to relieve the Contractor of its responsibility for the means and methods of construction.
3.03 INITIAL CPM SCHEDULE
A. The Contractor shall submit the initial CPM schedule to the City for review at Pre-Construction conference. The initial CPM schedule shall consist of a realistic, detailed proposal of how the Contractor will proceed with the orderly completion of the work, in conformance with the Contract Documents. By way of the Contractor assigning activity durations and proposing the sequence of the work, the Contractor agrees to utilize sufficient and necessary management of resources to perform the work in Section D
accordance with the schedule. Submission of the Contractor’s schedule to the City shall not relieve the Contractor of total responsibility for scheduling, sequencing, and performing the work to comply with the Contract Documents, including dealing with adverse effects such as delays resulting from ill-timed work.
B. The initial CPM schedule shall be time-scaled. Each activity that requires actual labor to complete shall have a duration assigned, in working days.
Milestones, or zero-duration activities, can be assigned to major task completion points, such as Sewer Installation Complete, or single-event activities, such as Submittal of Pump Cut-Sheets.
C. The initial CPM schedule shall include all major activities pertaining to the completion of the work. Each activity will have a discrete activity name and number. No activity on the schedule shall have a duration of longer than fifteen (15) working days, with the exception of submittal, review and approval, fabrication, and procurement activities, unless otherwise approved by the City in writing.
D. All dependencies, or relationships, between activities shall be included in the initial CPM schedule. Only relationships of the Finish-to-Start and Startto-Start type shall be used in the schedule.
E. The first activity on the schedule shall be a milestone activity corresponding to the award of Contract by the City Council. The last activity on the schedule shall be a milestone activity corresponding to the final acceptance of the project as complete by the City Council (Project Acceptance). All intervening activities shall have their start date linked directly to the Notice to Proceed, or to another activity that can be traced back to the Notice to Proceed.
F. The completion of each activity in the CPM schedule shall be linked to a subsequent activity or series of activities that can ultimately be traced to Project Acceptance. All activities, including predecessor activities proceeding through a Start-to-Start relationship to a successor activity, shall have a relationship subsequent to the completion of the predecessor activity that ultimately leads to Project Acceptance.
G. The CPM schedule shall clearly identify the activities that constitute the controlling operations, or Critical Path. Only one Critical Path from the Notice to Proceed activity to the Project Acceptance activity shall exist in the schedule. No more than twenty-five percent (25%) of the activities in the schedule shall be critical or near critical. Near critical is defined as having float of less than or equal to five (5) days.
H. City furnished materials, equipment, or activities playing a defined role in the project, if any, shall be identified as separate, individual activities. City review and/or processing activities shall be identified as separate, individual activities. The CPM schedule shall include the appropriate amount of time Section D
for submittals, City review of submittals, revisions to submittals, and rereview. The Contractor shall be responsible for any additional review cycles as a result of rejected submittals, without compensation for working days lost.
I. The CPM schedule shall include the procurement of major equipment or materials through receipt and inspection at the job site, including time for ordering, fabrication, delivery, and inspection. The CPM schedule shall show the dependencies (relationships) between procurement and construction.
J. The CPM schedule shall include a separate activity with a minimum of five (5) working days for City to develop a punch list after project completion.
Additionally, the CPM schedule shall include a separate activity with a minimum of five (5) working days for the Contractor to complete punch list activities. A minimum of ten (10) working days should be allotted between the project completion and project acceptance.
K. The CPM schedule shall show separate activities which identify periods of interface with utilities and other agencies.
L. Within ten (10) working days of the submittal of the initial CPM schedule, the City and the Contractor shall meet to review and discuss the initial CPM schedule, after the City has completed a review of the initial submittal. The City’s review and comment on the schedule will be limited to conformance with the Contract Documents and these specifications. The Contractor shall make the necessary corrections to the schedule to comply with the Contract Documents, and shall adjust the schedule to incorporate any missing information requested by the City. The Contractor shall resubmit the revised initial CPM schedule within five (5) working days of the meeting.
The resubmitted, revised schedule shall be considered as the “Original CPM Schedule”. The City may receive the Original CPM Schedule with no exceptions taken, or may require that the Contractor make additional revisions to the first updated CPM schedule (Progress Schedule).
M. The City reserves the right to require the Contractor to adjust, add to, or clarify any portion of the Original CPM Schedule which may later be discovered to be insufficient for monitoring the progress of the work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications.
N. Submittal of the Original CPM Schedule, and subsequent Progress Schedules, shall be understood to be the Contractor’s representation that the schedule meets the requirements of the Contract Documents and that work shall be executed in the sequence indicated on the schedule.
3.04 MONTHLY PROGRESS SCHEDULES
Section D
A. Progress Schedules shall conform to the provisions in Section 8-1.02, “Schedule,” of the Standard Specifications and these technical specifications.
B. The Contractor shall monitor progress of the work and shall update and adjust the schedule each month to reflect actual progress on schedule activities, any changes to activities, and the additional and/or subtraction of any activities due to change orders, additions, deletions, etc.
C. Each Progress Schedule submitted shall continue to show all activities, including those completed. Completed activities shall accurately reflect “asbuilt” information by showing when activities were actually started and actually completed.
D. Progress Schedules shall be submitted by the fifth working day of each month, with progress updated through the last calendar day of the previous month.
E. Within ten (10) working days of the submittal of the Progress Schedule, the City will complete a review and provide comments on the schedule. The City may reject the Progress Schedule, receive it with no exceptions taken, or may require that the Contractor make additional revisions to the next Progress Schedule.
F. The Progress Schedule will be utilized as part of the basis for the Contractor’s monthly application for payment. If the Progress Schedule is rejected, the Contractor’s application for payment will not be processed until the Progress Schedule has been revised, resubmitted, and either received with no exceptions taken or received with revisions to be made the following month.
3.05 SCHEDULE REVISIONS
A. Updating the schedule to reflect actual progress shall not be considered revisions to the schedule. However, the CPM schedule is recognized as a dynamic tool which changes as new information is acquired. Therefore, it is anticipated that revisions to activity durations and sequences may be expected on a monthly basis as the project proceeds.
B. To reflect revisions to the schedule, the Contractor shall provide the City with a written revision request prior to incorporation into a Progress Schedule. The revision request shall consist of a narrative with an itemized, full description and reason for each revision to the schedule.
C. Schedule revisions shall not be incorporated into any Progress Schedule until the City has reviewed the revision request. The City may request additional information and justification for schedule revisions and the Contractor shall, within three (3) working days, provide the City with a complete written narrative response to the City’s request.
Section D
D. If the Contractor’s revision request is not accepted by the City, and the Contractor disagrees with the City’s position, the Contractor has seven (7) calendar days from receipt of the City’s letter rejecting the revision request, to provide a narrative providing full justification and explanation for the revision. The Contractor’s failure to respond in writing within seven (7) calendar days of the City’s letter rejecting the revision request shall be contractually interpreted as acceptance of the City’s position, and the Contractor waives its rights to subsequently dispute or file of claims regarding the City’s position.
3.06 RECOVERY SCHEDULE
A. If the Progress Schedule shows Project Completion, or any other specified milestone date, occurring after the date required in the Contract Documents, the Contractor shall submit to the City a proposed plan to recover the lost time. The proposed plan shall be in writing and shall include a written narrative of any activity revisions, sequence changes, and other revisions proposed. If the revisions include sequence changes, the Contractor shall submit a schedule diagram comparing the proposed revised sequence of work to the Original CPM Schedule.
B. The proposed revisions shall not be incorporated into the Progress Schedule until reviewed by the City. If the Contractor’s proposed revisions are not accepted by the City, the Contractor shall follow the procedures in paragraph 3.04.C and 3.04.D above.
3.07 SCHEDULE IMPACTS DUE TO CHANGE ORDERS, AND OTHER DELAYS A. When the Contractor is directed to perform additional work under a Change Order, the Contractor shall prepare and submit to the City within ten (10) working days from the direction to proceed, a Schedule Impact Statement (SIS). The SIS shall include both a written narrative and a schedule diagram depicting any impacts the Contractor feels that the Change Order work will have on other project activities and on the Critical Path. The SIS schedule diagram shall show how the Contractor proposes to incorporate the changed work into the CPM schedule, and whether a time extension will be required. Time extensions will only be granted if the Contractor can show conclusively that the changed work impacts the Critical Path.
B. The City will review the Schedule Impact Statement to confirm that the Contractor’s logic behind projected impacts to the schedule is appropriate.
If the City concurs with the Contractor’s projected impacts, the Contractor shall incorporate the revisions into the next Progress Schedule, and the Contract Time will be appropriately adjusted, if required. If the City does not concur with the Contractor’s projected revisions, and they are not accepted by the City, the Contractor shall follow the procedures in paragraph 3.04.C and 3.04.D above.
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C. The Contractor shall be responsible for all costs associated with the preparation of the Schedule Impact Statement, and the process of incorporating revisions into the Progress Schedule.
D. The Contractor is responsible for requesting time extensions for time impacts resultant from Change Orders that, in the opinion of the Contractor, impact the Critical Path of the current Progress Schedule. Failure of the Contractor to request time extensions, provide an SIS, or provide required Recovery Schedules will result in the Contractor waiving its right to a time extension and any costs to mitigate delays.
E. The City shall not be obligated to consider any time extension request unless requirements of the Contract Documents are complied with. Failure of the Contractor to perform in accordance with the current Progress Schedule shall not be excused by the submittal of SISs. If the Contractor does not submit an SIS within the required ten (10) working days for any Change Order, it is mutually agreed that the Change Order has no impact to the schedule and the Contractor does not require any time extensions for that Change Order.
3.08 SCHEDULE SUBMITTALS
A. A minimum of five (5) working days prior to commencing the work, the Contractor shall submit a baseline schedule to the Engineer. The Contractor shall not commence work without a City-approved baseline schedule.
B. The Contractor shall submit a two-week look-ahead schedule on a weekly basis as well as an updated progress schedule on a monthly basis.
Progress payments may be withheld for failing to comply with these scheduling requirements as determined by the Engineer.
C. Progress Schedules shall be submitted by the fifth working day of each month, with progress updated through the last calendar day of the previous month.
D. All CPM schedules shall be submitted by e-mail as a Microsoft Project 2010 file (mpp) and in portable document format (pdf).
E. Copies of a summary report shall be included in each submittal on 8-1/2 x 11-inch bond paper. The Summary report shall be sorted by activity number in ascending order, and shall include activity number; activity name; original duration; remaining duration; predecessor and successor activities for each activity, including relationship type; early and late start dates; early and late finish dates; and total float.
F. A network plot of the schedule shall also be included in each submittal on a maximum 36 x 42-inch bond paper, showing activity name, activity number, links between activities, and showing a single critical path from the first Section D
activity through the last activity in the schedule. The network plot shall be in color, with the Critical Path clearly shown in red.
G. The Contractor shall submit to the City four hard copies of all schedule submittals.
PART 4 MEASUREMENT AND PAYMENT
4.01 MEASUREMENT AND PAYMENT
A. Full compensation for complying with the requirements of the above provisions shall be considered to be included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
END SECTION
Section D
SECTION D.0500 - SUBMITTALS
PART 1 GENERAL
1.01 GENERAL
A. This Section describes the requirements for and types of submittals:
1. Submittal requirements specified in this section include shop drawings, product data, samples, and miscellaneous work related submittals.
2. At a minimum, the Contractor shall provide the following submittals, as well as those referenced in the applicable sections for each unit of work and as directed by the Engineer:
a. Emergency Names and Phone Numbers
b. CPM Schedules
c. Temporary Traffic Control Plan
d. Staging Area Map
e. Construction Area Signs
f. Water Pollution Control Plan (WPCP)
g. Hot Mix Asphalt
h. Class 2 Aggregate Base
i. Concrete Mix Design
B. Engineer's Review:
1. Intent of Engineer's review of shop drawings is to give a preview in an effort to foresee unacceptable materials or assemblies and to avoid the possibility of their rejection at the Project Site.
2. Engineer will review submittals only for conformance with the design concept of the Project and with the information given in the Contract Documents.
3. The Engineer's review of shop drawings will be general and shall not be construed:
a. As relieving Contractor of responsibility for omissions or errors, including details, dimensions, materials, etc.;
b. That review of a separate item indicates acceptance of an assembly in which the item functions
1.02 QUALITY ASSURANCE
A. Each submittal shall have a Certificate of Compliance signed by the manufacturer of the material or the manufacturer of the assembled Section D
materials and shall state that the materials involved comply in all respects with the requirements of these technical specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
B. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility of incorporating material in the work which conforms to the requirements of the drawings and specifications, and any material not conforming to the requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
C. Materials will be inspected at destination to assure compliance with the specified requirements. Any materials that are found to be defective or that do not meet the requirements of the specifications must be replaced.
Rejection of ten (10) percent of any shipment shall be cause of, and will be considered sufficient reason for, rejection of the entire shipment.
D. Submittal Log: Following Notice to Proceed, the Engineer will prepare a list of items (Submittal Log) that the Contractor is required by the Specifications to submit for review.
1. The Submittal Log will designate submittal number, submittal type, description, and format (hardcopy / electronic) for each entry.
2. Within 10 working days after receipt of submittal log from Engineer, provide information in Columns marked "Sub Contr. Name", "Supplier", "Date Sched.”, and "Matl Date"; and return for review.
E. The explanation and instructions for use of the Submittal Log and a sample Submittal Log sheet are included at the end of this Section.
F. As construction schedule is changed and/or updated, submit a marked copy of the Submittal Log showing changes to scheduled dates.
1. The Engineer will input information supplied by the Contractor onto the Submittal Log, tabulate submittal dates on log, update "Action" taken/required as well as show status of submittals, and distribute updated copies of log on a monthly basis.
2. No extension of time will be granted, nor will consideration be given to claims arising out of Contractor's failure to submit shop drawings, product data, samples, or related submittals which do not allow adequate lead time for Engineer's review, and also do not allow ample Section D
time for revision, resubmission, and subsequent review by Engineer as required.
G. Performance: Promptly check each submittal for accuracy, completeness, and applicability.
1. Review for compliance, approve, and submit each submittal with reasonable promptness and in sequence that causes no delay in the Work or in the work of the Owner or any separate Contractor.
2. Identify each submittal to include name of Project, Specification Section, supplier, source, finish, and location of use in the Project.
H. Submittal Validity:
1. Submittals which are not required, or which are submitted without Contractor's approval, will not be processed by Engineer but will be returned to Contractor for compliance with Contract Document requirements.
2. In that event, it shall be deemed that Contractor has not complied with requirements of the Contract Documents, and Contractor shall bear responsibility for all delays as if no submittals had been submitted.
1.03 GENERAL SUBMITTAL REQUIREMENTS
A. Scheduling: Where appropriate in various required administrative submittals (listing of products, manufacturers, suppliers, subcontractors, and in job progress schedule), show principal work - related submittal requirements and time schedules for coordination and integration of submittal activity with related work.
B. Coordination and Sequencing:
1. Coordinate preparation and processing of submittals with performance of the work, so that work will not be delayed by submittals. Submittals shall be received by the Engineer at least ten (10) working days in advance of commencing the applicable work. No work may begin on those items prior to final approval of the submittals by the Engineer.
2. Coordinate and sequence different categories of submittals for same work and for interfacing units of work, so that one will not be delayed for coordination with another.
3. No extension of time will be allowed because of failure to properly coordinate and sequence submittals.
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C. Provide submittal material of types indicated in individual Sections of this Project Manual.
1. Provide permanent marking on each submittal to identify Project, date, Contractor, subcontractor, submittal name, and similar information to distinguish it from other submittals.
2. Show Contractor executed review, clearly exhibiting check marks and stamped approved marking acceptance, and provide space for Engineer's review or action marking.
3. Do not allow required shop drawing copies to be used in connection with the Work without appropriate final "Action" markings by Engineer.
D. Provide submittals as follows:
1. Each submittal shall be submitted with the cover sheet issued by the Engineer (sample included at end of this Section).
2. Number all submittals with assigned numbers from submittal log.
3. Sign and date, with Contractor's review stamp on each sheet of submitted material indicating that submittal is in conformance with Contract Documents.
a. On submittals containing numerous small sheets, such as hardware schedules and product data, Contractor shall "review stamp" the submittal cover sheet.
b. Submittals received without Contractor's stamp will be returned "No Action Taken."