Vallejo City Council
October 24, 2023

• ESCA Trust Account with First American Trust - Approximately $10M

Under the terms of the Ninth amendment to the ESCA, dated September 30, 2023, the Navy will provide $7,953,718 in additional grant funds needed to perform the following work:

Remaining Known Conditions - $4,321,656

• Investigation Area (IA) C1 - IWPS4/OWS T-2/IR03: Additional Soil Gas Investigation and Remedial Actions, Groundwater Monitoring, Additional Documentation Preparation, and Site Closure Activities
• IA C1 - IR15: Additional Soil Gas Investigation and Remedial Actions, Groundwater Monitoring, Additional Documentation Preparation, and Site Closure Activities • IA C1 – Building 121 PCB Sites AL#01, AL#02 and AL#03: Additional Remediation and Documentation
• IA C1 – Additional IA C1 Remedial Action Plan Work and Program/Project Management Activities through 2025
• IA C2 – Additional Program/Project Management through 2024 • EETP-Wide Services – Database Management and Public Outreach Services and Nominal Work Allocations for Known Condition Sites

Regulatory Agency Oversight and Fiscal Agent / Grant Consultant Fees - $589,377

• Regulatory Agency Oversight and Fiscal Agent / Grant Consultant Fees through 2025

Supplemental Unknown Conditions - $3,042,685

• IA C1 – BUILDINGS 87/89/91 MERCURY Remediation and Documentation • IA C1 – DOM-6 / CWL-IA: Additional Soil Gas Investigation and Remedial Actions, Groundwater Monitoring, Additional Documentation Preparation, and Site Closure Activities • IA C1 – BUILDING 85 CVOCS IN SOIL GAS: Additional Soil Gas Investigation and Remedial Actions, Additional Documentation Preparation, and Site Closure Activities • EETP-Wide Services – Nominal Work Allocations for Unknown Condition Sites

The ESCA Ninth Amendment grant funds will be deposited into the ESCA Trust Account with First American Title to be made available to the City and Lennar Mare Island solely to fund environmental cleanup on Mare Island. These Navy grant funds cannot be used for any other purposes.

This is the second step in a two-step process to amend the budget in order to reflect changes in revenues and expenditures. The notice of the intent to amend the Budget for this purpose was provided on October 10, 2023.

FISCAL IMPACT
Date: October 24, 2023
Subject:

ADOPT A RESOLUTION TO AMEND THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $7,953,718 TO BE PLACED INTO THE ENVIRONMENTAL SERVICES COOPERATIVE

AGREEMENT ESCROW FUND AND TO PERMIT DISPURSEMENT OF THE FUNDS FOR THE

MARE ISLAND ENVIRONMENTAL REMEDIATION PROJECT

Approval of this item will increase FY 2023-24 expenditures by the amount of Environmental Remediation Services.

ENVIRONMENTAL REVIEW
This action is exempt under Sections 15308 and 15330 of the California Environmental Quality Act (CEQA) Guidelines; as to any matter to which such exemptions are not deemed applicable, this action does not result in additional significant impacts or require additional mitigation measures not previously analyzed in the Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) for the Disposal and reuse of Mare Island Naval Shipyard (SCH # 94093029) certified on November 17, 1998 and the addendum to the Final Environmental Impact Statement/ Environmental Impact Report for Disposal and Reuse of Mare Island Naval Shipyard adopted in February 1999 and therefore does not require additional environmental review.

ATTACHMENTS

1. Resolution to Amend FY2324 Budget Recognizing Navy Grant Funds in ESCA 9th Amend_CAO Stamp

CONTACT
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]

RESOLUTION NO. 23-______N.C.
.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2023-24 BUDGET TO INCREASE REVENUES AND EXPENDITURES IN THE AMOUNT OF $7,953,718 FROM

NAVY GRANT FUNDS FOR THE MARE ISLAND ENVIRONMENTAL REMEDIATION

PROJECT
WHEREAS, on September 30, 2023, the City executed the Ninth Amendment to the Environmental Services Cooperative Agreement between the Department of the Navy and the City of Vallejo (ESCA Ninth Amendment); and
WHEREAS, under the terms of the ESCA Ninth Amendment, $7,953,718 will be paid by the Navy to the City to fund the cost of remediating environmental conditions at the Eastern Early Transfer Parcel; and
WHEREAS, on June 27, 2023, the City Council adopted the City’s budget for the Fiscal Year 23-24; and
WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week's notice of intention to do so; and WHEREAS, said notice was provided on October 10, 2023; and WHEREAS, the City has received the funds totaling $7,953,718.

NOW, THEREFORE, BE IT RESOLVED that the Council hereby amends the Mare Island Conversion Fund # 106 budget for Fiscal Year 2023-24 by increasing revenues and expenditures in the amount of $7,953,718 to recognize the additional Navy grant funding and to permit disbursement of funds for the Mare Island Environmental Remediation Project.

PASSED AND ADOPTED by the City Council of the City of Vallejo, State of California this 24th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:
________________________

ROBERT MCCONNEL, MAYOR
ATTEST: ________________________
DAWN G. ABRAHAMSON, CITY CLERK

Consent Calendar

8.E.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
SUBJECT: ACCEPT THE SACRAMENTO STREET ROAD DIET AND REHABILITATION PROJECT, FEDERAL AID PROJECT NO. STPL-5030(067) AND CITY PROJECT NO. PW9729, PERFORMED BY BAY CITIES PAVING AND GRADING, INC., AS COMPLETE AND

AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE

SOLANO COUNTY RECORDER'S OFFICE

RECOMMENDATION
Accept the Sacramento Street Road Diet and Rehabilitation Project, Federal Aid Project No. STPL-5030(067) and City Project No. PW9729, performed by Bay Cities Paving and Grading Inc. of Concord, California, as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s office.

REASONS FOR RECOMMENDATION
The City Engineer has determined that the work has been completed in compliance with the project plans and specifications.

BACKGROUND AND DISCUSSION
The Metropolitan Transportation Commission (MTC) authorized the Solano Transportation Authority (STA) to program One Bay Area Grant (OBAG) Cycle 2 funds for projects. The City of Vallejo was awarded $681,000 in Surface Transportation Program (STP) funding for the Sacramento Street Road Diet and Rehabilitation Project (Project). As part of the funding application, MTC required the City of Vallejo to commit the necessary local matching funds of 11.47% and provide assurances that the project would be completed as programmed.

On June 14, 2022, the Vallejo City Council adopted Resolution No. 22-098 awarding the construction contract in the amount of $721,000 for the Project to the lowest responsive and responsible bidder, Bay Cities Paving and Grading, Inc. Construction began on July 5, 2022.

The Project is located on Sacramento Street between Tennessee Street and Capitol Street. The improvements included pavement resurfacing; installation of ADA-compliant curb ramps, sidewalks, bike lanes, pavement striping and signage; modifications to traffic signal vehicle and bicycle detection; and adjustment of existing utility covers to grade.

During construction, a failed Rectangular Rapid Flashing Beacon was replaced, and to ensure the Project would pass Caltran's post construction field inspection for ADA compliance and maintain the City's chances of receiving future federal grants, additional ADA-compliant curb ramps and driveways were constructed. Four contract change orders totaling $390,722.80 covered this work.

Furthermore, in response to the City Council's and residents' concerns about traffic safety, pavement striping, markings and crosswalks were installed on Tennessee Street between Oakwood Avenue and Rollingwood Drive and on Florida Street between Alameda and Amador Streets. This work benefited from the contractor's low and competitive bid prices and was completed by a contract change order in the amount of $126,652.70.

Date: October 24, 2023
Subject:

ACCEPT THE SACRAMENTO STREET ROAD DIET AND REHABILITATION PROJECT, FEDERAL AID PROJECT NO. STPL-5030(067) AND CITY PROJECT NO. PW9729, PERFORMED BY BAY CITIES PAVING AND GRADING, INC., AS COMPLETE AND AUTHORIZE THE CITY

CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

All five contract change orders totaled $517,375.50 and were issued by staff under its authority as provided by Vallejo Municipal Code 3.20.220 - Contract amendments and change orders., i.e., staff "shall have authority to issue change orders that increase the contract amount, provided that the cost of the change order does not exceed the total amount authorized for the project by resolution."

Staff recommends accepting the Sacramento Street Road Diet and Rehabilitation Project, Federal Aid Project No. STPL-5030(067) and City Project No. PW9729, as complete and authorizing the City Clerk to file a Notice of Completion with the Solano County Recorder's Office.

FISCAL IMPACT
There is no fiscal impact associated with this item. The Sacramento Street Road Diet and Rehabilitation Project was funded through the Capital Improvement Program Funds as follows:

SOURCES BUDGET EXPENDITURES
Fund 203: Traffic Impact Mitigation
Fee (TIMF)
$ 429,678
Fund 219: Gas Tax / Highway
Users Tax Act (HUTA)
$ 60,633
Fund 221: Grants /
Reimbursements
Federal Surface Transportation
Program (STP)
$ 681,000
Fund 221: Grants /
Reimbursements
Transportation Development
Act - Article 3 (TDA3)
$ 73,093
Fund 226: Road Maintenance
Rehabilitation Act (RMRA) /
Senate Bill 1 (SB1)
$ 200,000
Fund 226: Road Maintenance
Rehabilitation Act (RMRA) / Senate
Bill 1 (SB1)
Transfer currently in progress
from PWC109
$ 210,000

Pre-Construction (Preliminary
Engineering, Design)
($ 135,196)
Construction Contract ($ 721,000)
Date: October 24, 2023
Subject:

ACCEPT THE SACRAMENTO STREET ROAD DIET AND REHABILITATION PROJECT, FEDERAL AID PROJECT NO. STPL-5030(067) AND CITY PROJECT NO. PW9729, PERFORMED BY BAY CITIES PAVING AND GRADING, INC., AS COMPLETE AND AUTHORIZE THE CITY

CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE

Contract Change Orders (CCO) ($ 517,376)
Professional Services
(Construction Management
Services)
($ 181,114)
Construction Management /
Inspection (City Staff)
($ 78,740)
TOTALS $1,654,404 ($1,633,426)

Any remaining funding balance will be moved to a Capital Improvement Project next in priority in need of funding.

ENVIRONMENTAL REVIEW
This project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(c) “Existing Facilities” which applies to the repair and maintenance of highways and streets sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.

ATTACHMENTS

1. ATTACH A - Location Map - PW9729

CONTACT
Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]

LOCATION MAP

SACRAMENTO STREET ROAD DIET AND REHABILITATION PROJECT

BETWEEN TENNESSEE STREET AND CAPITOL STREET
PROJECT NO. PW9729
N
O
R
T
H

PROJECT

LOCATION

CAPITOL STREET

TENNESSEE ST

Consent Calendar

8.F.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REXEL USA, INC. FOR ELECTRONIC TECHNICAL SUPPORT FOR A NOT TO EXCEED AMOUNT OF $500,000 AND

AUTHORIZING THE CITY MANAGER TO SIGN THE SAME

RECOMMENDATION
Adopt a resolution approving the First Amendment to the Professional Services Agreement with Rexel USA, Inc. for electronic technical support and services for a not to exceed amount of $500,000 and authorizing the City Manager to execute the amendment.

REASONS FOR RECOMMENDATION
Approval of the First Amendment provides continuity for the Water Treatment and Distribution Systems to be connected to the Rockwell Automation phone and electronic support. Rockwell Automation’s technical support team provides assistance with installing, configuring and maintaining equipment and software, obtaining current software updates, diagnosing and fixing operational issues, and performing basic programming tasks, as well as Medium Voltage preventive maintenance services.

BACKGROUND AND DISCUSSION
On November 9, 2021, the City Council approved a Capital Improvement project to support critical water pumping functionality at the City's Cordelia Pumping Plant where source water arrives from the Delta and Lake Berryessa and is pumped to raw water reservoirs or to the Fleming Hill Treatment Plant for treatment and release into the drinking water distribution system. A critical pump there, "Jameson #7" and the motor drive that allows control over the pump's flow had aged and become nonoperational. Jameson #7 pump's medium voltage Variable Frequency Drive (VFD) allows the Water Treatment Operations Division to adjust pump motor speeds from 0-100%. This functionality of variable speed (as opposed to a fixed speed) is necessary operationally. Although staff vacancies delayed the project, the VFD was replaced, purchased through Rexel USA, Inc., and is now in operation. The specifications of the VFD purchased reflect the engineered design of the pumping system and are the same brand as other VFDs in the system to support efficiency in maintenance and operations.

In May 2023, the Water Department Facilities Division entered into an agreement with Rexel USA, Inc. as Rexel is the only authorized regional supplier of all of the specialized automation equipment, hardware, and software for the Department’s water treatment plants, pump stations, and reservoirs. This contract includes a 5-year service agreement to properly maintain and service the VFD unit to ensure longevity and proper operational performance. Rexel USA, Inc. is the only authorized provider of Rockwell Automation equipment, services, and support that is used to support the specific design and specifications of the Water Department’s equipment needs (including the VFD) such as Technical Phone Support, Application Support, System Support, Program Support, and Self-Assist Support. Additionally, staff will need to spend time training on Rockwell Automation and Allen Bradley equipment to support efficient and effective operations and maintenance.

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REXEL USA, INC. FOR ELECTRONIC TECHNICAL SUPPORT FOR A NOT TO EXCEED AMOUNT OF $500,000 AND AUTHORIZING THE CITY MANAGER TO SIGN THE SAME

FISCAL IMPACT
This First Amendment for a not to exceed amount of $500,000, is a $400,000 increase above the Professional Services Agreement amount. The Water Enterprise Fund has sufficient available funds in Fiscal Year 2023- 2024 to cover the contract increase. There is no fiscal impact on the General Fund associated with this amendment agreement.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting 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. Rexel - Reso for 1st Amendment to 23-WD176 CAO STAMP (1)

2. Rexel USA - First Amendment to 23-WD176 -- CAO STAMP

3. Rexel USA, Inc._Professional Services Agreement 23-WD176_Fully Executed

CONTACT
Beth Schoenberger, Water Director, (707) 648-5439
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REXEL USA, INC. FOR ELECTRONIC TECHNICAL SUPPORT FOR A NOT TO EXCEED AMOUNT OF $500,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WHEREAS, the City of Vallejo Water Department possesses a variety of assets requiring ongoing maintenance and specialized services needed to operate the City’s water treatment plants and pump stations; and
WHEREAS, the City of Vallejo and Rexel USA, Inc. executed a one-year Professional Services Agreement, with an option to extend to five years, in May 2023 for an amount not to exceed $100,000 for obtaining products and services from Rockwell Automation and Allen Bradley; and WHEREAS, Rexel USA is the only authorized supplier for Rockwell Automation and Allen Bradley products which are used throughout the City’s water system; and WHEREAS, the City of Vallejo has an increasing need to utilize the services provided by Rexel USA, Inc. exceeding the original $100,000 contract amount; and WHEREAS, an amendment to the Professional Services Agreement is necessary to increase the not to exceed amount to $500,000 in order to allow the Water Department to continue purchasing necessary goods and services from this vendor.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the First Amendment to the Professional Services Agreement with Rexel USA, Inc., for the Rockwell Automation / Allen Bradley products and services for the Water Department to increase the total amount of the contract to an amount not to exceed $500,000 and authorizes the City Manager to execute the contract.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 24, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and Rexel USA, Inc. Page 1 of 2 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT
DATED MAY 2, 2023 BETWEEN

CITY OF VALLEJO
AND
REXEL USA, INC.

This First Amendment to the Professional Services Agreement made and entered into on May 2, 2023 between Rexel USA, Inc., a Delaware Corporation, therein referred to as “Consultant,” and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 16 th day of August 2023. The Professional Services Agreement is referred to herein as the “Agreement” and this First Amendment to the Professional Services Agreement is referred to herein as the “First Amendment.” Consultant and City do mutually agree as follows:

1. Exhibit B- Compensation, Paragraph 1. A. of the Agreement is hereby amended to read as follows:

A. Services: City agrees to pay Vendor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00).

Vendor shall notify City in writing no later than thirty (30) days prior to the estimated date when Vendor will have billed City the maximum payment amount permitted under this Agreement, and Vendor shall provide City with an estimate of the additional compensation required to complete the project.

2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to First Amendment to Agreement Between City of Vallejo and Rexel USA, Inc. Page 2 of 2 (Revised 01.2019)
be construed against either party.

5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

REXEL USA, INC.,
a Delaware Corporation
BY:

INGA KALNINS-PETERSON
Sales Manager
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

MIKE MALONE
City Manager
DATE:

ATTEST:

DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:

For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
May 2, 2023 10:04 AM, 1097261925
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Facilities Maintenance Staff Contact: John Manrique, [email protected] Contract Type: Professional Services Agreement
Vendor: Rexel USA, Inc. Vendor Number:100343
Business License Number: 11709823
Contract Not to Exceed Amount: 100000.00
Contract Start Date: May 02, 2023 End Date: Jun 30, 2024 Option to Extend: Four (4) One-Year extensions, not to exceed 5 years Authority to Contract: City Manager
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 23-WD176
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager

Finance Department

City Attorney

City Manager

City Clerk

Return executed contract to: John Manrique
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 5/4/2023
5/9/2023
5/10/2023
5/11/2023
5/11/2023
5/11/2023

May 2, 2023 8:26 AM, 1097215725
Pre-Requisition Form

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Facilities Maintenance Staff Contact: John Manrique, [email protected] Vendor: Rexel USA, Inc. Vendor Number 100343
Term: Multi-year Term
Anticipated Start Date: May 02, 2023
Anticipated End Date: Jun 30, 2024
Anticipated Contract Type: Professional Services Agreement Purchasing Authority: City Manager
Total Projected Expenditure: 100000.00

Multiple Project Numbers? Multiple Account Numbers? No, just one

Description of Proposed Purchase:

Rexel provides Rockwell Automation products and services which are in use across our water treatment plants I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.

Competitive Process: I have completed an Informal RFP for Services Winning Quote Uploaded: Yes

Explanation for Vendor Selection:

Rexel is the only distributor appointed and authorized to sell Rockwell Automation products and services. Our treatment plants currently use Rockwell Automation products and it's in the best interest of the city to continue using these products and services to not disrupt water services to the community.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNot sure

Winning Bid/Quote/ProposalYes

DocuSign Envelope ID: 4B9B85F5-17B6-4A17-BD24-348380CACF9C DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Pre-Requisition Signature Section

Department Comment

Delegated Signee: Beth Schoenberger
Title: Water Director
E-mail: [email protected]

_
Signature Date

Route Final HTE PO to City Clerk for Contract Log

DocuSign Envelope ID: 4B9B85F5-17B6-4A17-BD24-348380CACF9C 5/2/2023
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 1 of 11

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 2nd day of May 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Rexel USA, Inc., a Delaware Corporation, hereinafter referred to as “Vendor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Vendor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Vendor for services rendered pursuant to this Agreement.

3. Facilities and Equipment. Vendor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4. Indemnification. Vendor shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Vendor’s fees, exp ert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Vendor’s operations, or any subcontractor’s operations, to be performed under this agreement for Vendor’s or subcontractor’s tort negligence including active or passive, or strict negligence, arising from personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to tangible property of anyone, , caused or alleged to be caused by any negligent act or omission or willful misconduct of Vendor, or any subcontractor, or anyone directly or indirectly employed by any of them for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

Notwithstanding the foregoing, vendor shall not be liable to City for City’s loss of profits, loss of revenue, loss of contracts, loss of use, or for any indirect, consequential, special, punitive, or exemplary damages. No liquidated damages shall apply.

The provisions of this section shall survive the expiration or termin ation of this Agreement.

5. Insurance Requirements. Vendor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Vendor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 2 of 11

6. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum:
(a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

7. Conflict of Interest. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the services to be provided under this Agreement. Vendor shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict o f interest with its duties to City under this Agreement. In the event of a change in Vendor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Ve ndor shall disclose such conflict in writing to City. Every individual who performs services on behalf of Vendor pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a con tract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

8. Independent Contractor. Vendor is an independent contractor. Neither Vendor nor any of Vendor’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Vendor only insofar as the results of Vendor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Vendor accomplishes services pursuant to this Agreement.

9. Licenses, Permits, Etc. Vendor represents and warrants to City that all Vendor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Vendor has all the permits, qual ifications and approvals of whatsoever nature which are legally required for Vendor to practice its profession.

Vendor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Vendor to practice its profession.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 3 of 11

10. Business License. Vendor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

11. Warranty. Vendor warrants that the products sold hereunder are new and, upon payment of th e applicable invoices, free of any lien s or security interest.

Vendor also warrants the services will be performed in a good and workmanlike manner conforming to standard industry practice. Vendor shall assign to City all manufacturer’s warranties. In no event shall Vendor’s warranty exceed t he warranty given by the manufacturers of the products or the providers of the services. The sole obligation of Vendor under such warranty shall be, at Vendor’s sole election, to ( i) repair or replace products in accordance with the manufacturer’s instruc tions or the administration of any City claim agains t the manufacturer of the products, (ii) re -performance of the services, or (iii) refund of the purchase price for the defective products or s ervices. THE ABOVE IS THE

SOLE AND EXCLUSIVE WARRANTY, EXPRES S OR IMPLIED, PROVIDED BY

VENDOR AND IS IN LIEU OF ALL OTHER WARRANTIES, OF ANY NATURE

WHATSOEVER, CONTRACTUAL, LEGAL, STATUTORY OR OTHER, AND WHETHER FOR MERCHANTABILITY, QUALITY, FITNESS OR OTHERWISE.

12. Standard of Performance. Vendor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Vendor’s profession currently practicing in California.

Vendor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Vendor’s responsibilities under this section shall not be delegated. Vendor shall be responsible to City for acts, errors, or omissions of Vendor’s subcontractors.

Vendor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Vendor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 4 of 11 of any responsibility, professional or otherwise, for th e work, and shall not relieve the Vendor of responsibility for complying with the standard of performance or laws, regulations, or industry standards,.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Vendor is unable to meet the completion date or schedule of services, Vendor shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

14. Time is of Importance. Time is of importance in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

15. Personnel. Vendor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Vendor pursuant to this Agreement shall be the full and complete compensation to which Vendor and Vendor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Vendor nor Vendor’s officers or employees are entitled to any salary or wages, or retirement, h ealth, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Vendor. The City shall not be required to pay any workers' compensation insurance on behalf of Vendor.

Vendor shall pay, when and as due, any and all taxes incurred as a result of Vendor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Vendor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Vendor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Vendor shall have n o authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

17. Term. The term of this Agreement shall commence on May 2, 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 DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 5 of 11 intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

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, Vendor agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving sixty (60) days’ notice to Vendor. Upon receipt of a notice of termination, Vendor shall perform no further work except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Vendor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to b y City and Vendor for the portion of work completed in conformance with this Agreement before the date of termination, and shall include reimbursement of direct costs incurred by Vendor related to termination of this Agreement. In addition, the City will reimburse Vendor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

19. Products of Consulting Services . The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, created by Vendor resulting from services rendered pursuant to this Agreement, shall become the property of City. Vendor agrees that all copyrights which arise from Vendor’s creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Vendor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or i f not otherwise specified, in Microsoft DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 6 of 11 Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Vendor in the performance of Vendor’s services hereunder.

21. Assignment and Subcontracting. Vendor shall not subcontract, assign or transfer voluntarily or involuntarily any of i ts rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance , except for its right to receive payment which may be assigned. Any attempted or purported assignment of an y right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Vendor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Vendor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Vendor to use subcontractors for performance of any service under this Agreement.

Notwithstanding the foregoing, City acknowledges and agrees that Vendor is a distributor and all services provided hereunder shall be performed by Rockwell Automation.

The City is an intended beneficiary of any work performed by Vendor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices.

(a) Vendor shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, condi tions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

Vendor warrants and represents it is an equal opportunity employer and agrees it DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 7 of 11 shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

In all solicitations either by competitive bidding or negotiations made by Vendor for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Vendor of Vendor’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Vendor shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.

(b) Vendor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

24. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City:

Beth Schoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor:

Chris Correia
Industrial Account Manager
Rexel USA, Inc.
455 Lopes Rd., B
Fairfield, CA 94534

With a copy to:

Rexel Legal Department
5429 LBJ Freeway, Suite 600
Dallas, TX 75240

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 8 of 11 Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and sup ersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should an y provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Gender. All pronouns and a ny variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

31. Headings. The section headings contained in thi s Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

32. Compliance with Laws. Vendor will comply with all applicable statutes, regulations and ordinances in Vendor’s performance under this Agreement.

33. Confidentiality of City Information. During the performance of services under this Agreement, Vendor may gain access to and use City information DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 9 of 11 regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Vendor agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Vendor’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents, suppliers or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

Vendor shall treat all records and work product prepared or maintained by Vendor in the performance of this Agreement as confidential. A violation by Vendor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Vendor’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

34. News and Information Release. Vendor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

35. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.

36. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

37. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e -mailed by PDF or otherwise.

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not aff ect the binding nature of this Agreement.

38. Authority. The person signing this Agreement for Vendor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Vendor.

39. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE

CONTRARY HEREIN, UNLESS APPLICABLE LAW OTHERWISE REQUIRES, VENDOR’S TOTAL LIABILITY HEREUNDER IS LIMITED TO THE PRICE OF DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 10 of 11 THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.

40. Exhibits. The following exhibits are attached he reto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

REXEL USA, INC.
a Delaware corporation
By:

Inga Peterson
Industrial Sales Manager
DATE:
11709823
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk

APPROVED AS TO CONTENT
By:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

By: For:

Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

By:

Armond Sarkis
Risk Manager
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 5/3/2023
5/11/2023

Professional Services Agreement (Revised 01.2019)
Exhibit A – Scope of Work Page 1 of 1

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representative for this Agreement is:

John Palesi
Water Facilities Superintendent
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
707-648-4519
[email protected]

The Vendor’s Representative for this Agreement is:

Chris Correia
Industrial Account Manager
Rexel USA, Inc.
455 Lopes Rd., B
Fairfield, CA 94534
707-977-0852
[email protected]

All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor Representative and City’s Representative.

2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Vendor will perform the services by June 30, 2023, with the option to exten d an additional one (1) year, and a total agreement term not-to-exceed five (5) years. If the schedule calls for the services to be performed in phases or discrete increments, Vendor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

Key Personnel. Intentionally omitted.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Professional Services Agreement (Revised 01.2019)
Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Vendor’s Compensation.

A. Services: City agrees to pay Vendor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($100,000.00).

Vendor shall notify City in writing no later than thirty (30) days prior to the estimated date when Vendor will have billed City the maximum payment amount permitted under this Agreement, and Vendor shall provide City with an estimate of the additional compensation required to complete the project.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Vendor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Vendors to perform said Additional Services.

2. Vendor’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 as established below. 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 Vendor, compensation to Vendor shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Vendor’s billable hourly rates shall be listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

A. Price Adjustments:

1. Direct Cost : In this section means Vendor’s costs from the manufacturer of any i tem or if Vendor is the manufacturer, the cost of raw materials required to manufacture the item, plus transportation costs from manufacturer to Vendor and Vendor to the City.

2. Price Decreases: If Vendor’s direct cost decreases at any time during DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019)
Exhibit B - Compensation

the term of this contract, Vendor shall immediately pass the decrease to the City and lower its prices by the amount of the decrease in direct cost. Vendor shall notify the City of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon City’s receipt of Vendor’s notice

3. Price Increases: Vendor may request a price increase after one hundred twenty (120) days from the effective date of the contract.

The effective date starts from the date contract has been signed.

Subsequent price increases may be requested twelve months from the date of the previous approved price increase. The amount of the first increase shall not exceed actual documented increase in Vendor’s direct cost and shall not be more than five percent (5%) above the previous quotation price. Subsequent increases shall also not exceed this percentage. To request a price increase, Vendor must submit a letter with an itemized list showing revised prices by line item. The letter and documentation shall be sent to the following address: City of Vallejo Corporation Yard, 111 Amador Street, Vallejo, CA 94590 . If the City approves the price increase, Vendor shall be notified in writing; no price increase will be effective until Vendor receives this notice.

4. Billable Rate Adjustments: Vendor may, no later than March 1 st of each year, submit a request to increase any or all hourly rates based on increases to California minimum wage rates approved and scheduled to take effect within the City’s next fiscal year (July 1 – June 30). Upon approval by City, new rates will take effect the following July 1st.

5. Termination of Performance: If the City does not approve Vendor’s price increase, Vendor may terminate its performance under the agreement upon sixty (60) days advance written notice. Termination of Performance is Vendor’s only remedy if the City does not approve the price increase. If at any time after approving a price increase, the City determines the same item or service can be obtained at a lower price from a different source without violating any state law, the City may then purchase the item or servi ce from the lower price source without any obligation to Vendor.

3. Vendor’s Reimbursable Expenses. Reimbursable Expenses shall be as described in Attachment 1 of Exhibit A.

4. Payments to Vendor.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019)
Exhibit B - Compensation

A. Payments to Vendor shall be made within thirty (30) days after receipt of Vendor’s invoice, said payments to be made as described in Attachment 1 of Exhibit A. Vendor shall be responsible for the cost of supplying all documentation necessary to verify the billings to the satisfaction of City.

B. All invoices submitted by Vendor 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

C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Vendor for correction. City shall not be responsible for delays in payment to Vendor resulting from Vendor’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

City of Vallejo
Accounting Clerk
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
[email protected]

5. Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Vendor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Vendor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Vendor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty -four (24) hours’ notice, at a mutually agreeable date and time . Any such audit shall be limited to: (i) all quotations and purchase orders issued between the Vendor and City, (ii) warranty documents, (iii) correspondence between the parties, (iv) City’s RFQs, (v) Vendor’s quotations and bids, (vi) Vendor’s invoices to City, (vii) proof of delivery, (viii) evidence of payments received by Vendor from City, and any other documents exchanged between the parties.

The obligations of Vendor under this section shall survive this Agreement.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Professional Services Agreement (Revised 01.2019)
Exhibit B - Compensation

6. Taxes. Vendor shall pay, when and as due, any and all taxes incurred as a result of Vendor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

7. Taxpayer Identification Number. Vendor shall provide City with Vendor’s complete Request for Taxpayer Identification Number and Certification, Form W - 9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019)
Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Vendor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insur ance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Vendor, their agents, representatives, or employees or subcontractors.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or equivalent.

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

D. Professional Liability insurance appropriate to the Vendor’s profession (Errors and Omission).

2. Minimum Limits of Insurance. Vendor shall maintain limits no less than:

A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Vendor is not subject to California Workers’ Compensation requirements, Vendor shall file a completed certificate of exemption form which may be obtained from t he City prior to commencing any activity authorized hereunder.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019)
Exhibit C – Insurance Requirements

D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. Where allowed by law the City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officer s, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects th e City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Vendor's insurance and shall not contribute with it.

C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

D. The Vendor's insu rance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

The workers’ compensation and employer’s liability policy required hereunder shall be endorsed where allowed by law to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Professional Services Agreement (Revised 01.2019)
Exhibit C – Insurance Requirements

and volunteers, which might arise by reason of payment under such policy in connection with Vendor’s performance under this Agreement.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Vendor shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All endorsements are to be received and approved by the City before work commences.

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

8. Payment Withhold. City will withhold payments to Vendor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Vendor otherwise ceases to be insured as required herein.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Mark Wharton
Senior Channel Manager – Market Access
P: 916.715.8990
[email protected]

expanding human possibility

3000 Executive Parkway, Suite 210
San Ramon, CA 94583
July 18, 2022

Rebecca Lane
Administrative Manager
City of Vallejo – Water Department
[email protected]
(707) 648-5202
(916) 712-9232

Re: Rexel – Authorized Distributor / Risks of Purchasing from Non-Authorized Sources

Dear Rebecca,

This is to confirm that Rexel currently is the only distributor appointed and authorized to sell Rockwell Automation - Allen-Bradley Standard Controls, Drives, PLC/HMI, Rockwell Software products and all Services offerings in the geographic area in which the City of Vallejo facility is located – Solano County. As a matter of Company policy, full factory product and sales support is made available only to the local authorized distributor, and it is Rockwell Automation’s practice and policy to always promote and recommend the use of that distributor to customers in that geographic area. Rockwell Automation discourages the use of other non-authorized sources, including distributors who may hold an Allen- Bradley appointment in another locale.

In addition, we wanted to advise you of the risks associated with purchasing Rockwell Automation/Allen-Bradley/Rockwell Software branded goods from an unauthorized source.

Rockwell Automation sells its products and services either directly to its customers or through its authorized distributor network. When you purchase from Rockwell Automation or one of its authorized distributors you can be sure you will receive a genuine Rockwell Automation product with the latest innovations, uncompromising quality and dependable service and support. Authorized Rockwell Automation distributors can be found at http://www.rockwellautomation.com/global/sales- partners/distributors/overview.page. Authorized distributors are licensed to display the following logo:

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Mark Wharton
Senior Channel Manager – Market Access
P: 916.715.8990
[email protected]

expanding human possibility

3000 Executive Parkway, Suite 210
San Ramon, CA 94583

We have seen a growing number of instances, particularly online, where others purport to sell “New”, “Factory New”, “New In Box”, and or “Factory Sealed” Rockwell Automation products. Some resellers purport to be “Authorized Distributors” and offer a “Factory Warranty.” Unfortunately all of these claims are false and or misleading. We continue to take actions, including legal action, against those who make these false and misleading claims to protect our brand and our valued customers. However we must acknowledge that unauthorized resellers and false and misleading claims still exist.

There are significant risks in purchasing Rockwell Automation products from an unauthorized source.

Purchasers from unauthorized sources have reported receiving fake/counterfeit products, used product sold as “new”, repaired products sold as “new”, improperly repaired (non-functioning) product sold as new, outdated product sold as “new”, open box product sold as “Factory Sealed” “Factory New”, and used products purportedly sold with a “Factory Warranty” among other false and misleading claims.

Purchasing Rockwell Automation branded products from an unauthorized source presents significant safety and security risks that should be carefully considered and avoided.

Some of the benefits of purchasing from an authorized distributor include:
• A Rockwell Automation warranty. Products purchased from an unauthorized source may come with a fake Rockwell Automation warranty, a warranty provided by a third party, or no warranty at all. Rockwell Automation does not honor warranty claims for products purchased from an unauthorized source. Unfortunately, disappointed purchasers from an unauthorized reseller later learned that the product purchased was used, non-functioning, improperly repaired, tampered with and otherwise not as claimed to be by the reseller. • Licensed Rockwell Automation software. Products that comprise or contain Rockwell Automation software and/or firmware do not receive a license from Rockwell to use any such software or firmware that may be loaded on such products when purchased from an unauthorized reseller. Rockwell also limits the access to software downloads on its website and their use to individuals or entities that have acquired Rockwell products from an authorized source. All other downloads and uses thereof are prohibited. • Rockwell customer support. Rockwell has refused to provide customer support to customers who are known to have purchased Rockwell Automation products from an unauthorized source.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Mark Wharton
Senior Channel Manager – Market Access
P: 916.715.8990
[email protected]

expanding human possibility

3000 Executive Parkway, Suite 210
San Ramon, CA 94583

• Rockwell Automation’s quality assurance. Products purchased from an unauthorized source may contain defects or malfunctions due to improper handling, transportation and storage of the products. As already mentioned we have seen instances where purportedly new and genuine product turned out to be used, improperly repaired, non-functioning, and fake or which contains outdated firmware which raises serious safety and security concerns. • Rockwell Automation’s product safety and/or recall notices. Rockwell or its authorized distributors provide product safety and recall notices to those that have purchased genuine Rockwell Automation products. Purchasers from unauthorized resellers do not receive product safety or recall notices from Rockwell Automation in the manner that purchasers of genuine products do.
• Rockwell Automation intellectual property indemnity. Rockwell provides an intellectual property indemnity to those who purchase from an authorized source. Those who purchase from an unauthorized source do not receive such indemnity. In connection with this indemnity, under certain circumstances and subject to certain conditions, Rockwell will defend any lawsuit or other proceeding brought against the purchaser in which it is alleged that the design or construction of the genuine, authorized Rockwell product infringe a patent, copyright, or trademark (and/or replace, modify, or return any such product accused of infringement).

We trust you agree that there is significant value in purchasing Rockwell Automation products from an authorized source like Rexel. Moreover, significant risk is mitigated when purchasing from an authorized source.

Should you have any questions regarding the above, please do not hesitate to contact either Rexel, Inc. at 916-678-3046 or our local Rockwell Automation sales office at 925-242-5700.

Best Regards,

Mark Wharton
Senior Channel Manager – Market Access
Northern California

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

Mark Wharton
Senior Channel Manager – Market Access
P: 916.715.8990
[email protected]

expanding human possibility

3000 Executive Parkway, Suite 210
San Ramon, CA 94583
Cc: Inga Peterson – Rexel
Jarrod Levine – Rockwell Automation
Michael Qi – Rockwell Automation
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 (IWGVMTXMSR

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/12/2023
Arthur J. Gallagher Risk Management Services, LLC
300 S. Riverside Plaza
Suite 1500
Chicago IL 60606
Rexel Risk Management
Zurich American Insurance Company
16535
ACE American Insurance Company
22667
Rexel USA, Inc.
14951 Dallas Pkwy.

Dallas TX 75254-6533
ACE Fire Underwriters Insurance Company
20702
Illinois Union Insurance Company
27960
Lexington Insurance Company
19437
Allied World Surplus Lines Insurance Company
24319
1384431602
A
X
1,000,000
X
500,000
10,000
1,000,000
2,000,000
X
Y
GLO0337400019
1/1/2023
1/1/2024
2,000,000
B
D
7,000,000
X
ISAH10759742
G72556057 002
1/1/2023
1/1/2023
1/1/2024
1/1/2024
A
X
X
14,000,000
AUC0337400119
1/1/2023
1/1/2024
14,000,000
B
C
X
Y
WLR C52022691(AOS)
SCF C52022769 (WI)
1/1/2023
1/1/2023
1/1/2024
1/1/2024
1,000,000
1,000,000
1,000,000
E
F
Excess Automobile
Errors & Omission
029315984
0311-2054
1/1/2023
1/1/2023
1/1/2024
1/1/2024
Limit
Per Claim
$3,000,000
$1,000,000
City of Vallejo, its officers, officials, employees, agents or volunteers are included as an additional insured solely with respects to General Liability and Automobile Liability coverage, on a primary/non-contributory basis, as evidenced herein as required by written contract. A Waiver of Subrogation in favor of the additional insureds applies to General Liability, Automobile Liability, and Workers Compensation coverages as required by written contract City of Vallejo
555 Santa Clara St
Vallejo CA 94590
USA

THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

ADDITIONAL INSURED -

DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured Rexel USA, Inc.

Policy Symbol
I
Policy Number
ISA
Issued By {Name of Insurance Company)
ACE American Insurance Company
Endorsement Number
4 I
Effective Date of Endorsement Policy Period

. . Insert the policy number. The remainder of the information 1s to be completed only when this endorsement 1s issued subsequent to the preparation of the policy .

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

EXCESS BUSINESS AUTO COVERAGE FORM
1 Additional lnsured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.

A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of:

1. You.

2. Any of your "employees" or agents.

3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents.

B. The persons or organizations named in this endorsement are not liable for payment of your premium.

Authorized Representative
DA-9U74c (03/16) Page 1 of 1
ISAH10759742
01/01/2024
01/01/2023
01/01/2023
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Rexel USA, Inc.

Policy Symbol
I
Policy Number
ISA
Issued By {Name of Insurance Company)
ACE American Insurance Company
Endorsement Number
15 I
Effective Date of Endorsement Policy Period
. . Insert the policy number. The remainder of the information 1s to be completed only when this endorsement 1s issued subsequent to the preparation of the policy .

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This Endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIERS COVERAGE FORM

AUTO DEALERS COVERAGE FORM
1 We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE.

SCHEDULE
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

Authorized Representative
DA-13115a (06/14) Page 1 of 1
01/01/2024
01/01/2023
01/01/2023
ISAH10759742
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Workers' Compensation and Employers' Liability Policy
Endorsement Number
Policy Number
Symbol: WLR Number:

Effective Date of Endorsement
Named Insured
REXEL USA, INC.
14951 DALLAS PARKWAY
DALLAS TX 75254
Policy Period TO
Insert the policy number. The remainder of th e information is to be com pleted only when this endorsement i s issued subsequent to the preparation of the policy.

T
his endorsement changes the policy to which it i s attached and is effective o n the date issued unless otherwise stated.

WAIVER OF OUR RIGHT T O RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit any one not name d in the Schedule.

Schedule

ANY PERSON O

R ORGANIZATION AGAI NST WHOM YOU HAVE AGREED TO WAIVE YOUR

RIGHT O

F RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED

PRIOR TO THE DAT
E OF LOSS.

For the states o
f CA, UT, TX, refer to state specific endorsements.

Thi
s endorsement i
s not applicable in KY, NH, a nd NJ.

The endorsement does not
apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287 .150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.

For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for
private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability
or workers compensation insurance shall be against public policy and shall be void and unenforceable except that,
subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated
or wrap-up insurance program.

Authorized Agent
WC 00 03 13 (11/05) © Copyright 1983-2017 National Council on Compensation Insurance, Inc. All Rights Reserved.

Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
WLR
01/01/2023
01/01/2024
01/01/2023
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem. 09176000 $ INCL $
Waiver Of Subrogation (Blanket) Endorsement
U-GL-925-B CW (12/01)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. 01/01/2023
01/01/2024
GLO0337400019
01/01/2023
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. 09176000 INCL
Additional Insured – Automatic – Owners, Lessees Or
Contractors
U-GL-1175-F CW (04/13)

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Named Insured: REXEL USA INC
Address (including ZIP Code):
14951 DALLAS PARKWAY
DALLAS, TX 75254
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.

However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law; and

2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.

GLO0337400019
01/01/2023
01/01/2023
01/01/2024
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 U-GL-1175-F CW (04/13)

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions:

The additional insured must see to it that:

1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;

2. We receive written notice of a claim or "suit" as soon as practicable; and

3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory.

D. For the purposes of the coverage provided by this endorsement:

1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions:

Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions:

This insurance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.

E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.

F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or

2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

All other terms and conditions of this policy remain unchanged.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 POLICY NUMBER: Endorsement Number: 21

COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance - Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:

This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".

B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".

CA 04 4911 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 ISAH10759742
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Named insureds include:

Rexel of America, LLC

SKRLA, LLC
SPT Holdings, Inc.

Beacon Electric Supply
Rexel USA, Inc. (dba Gexpro)
Rexel USA, Inc. DBA: Platt Electric Supply
Rexel USA, Inc. DBA Rexel Energy Solutions
Rexel USA, Inc. DBA Capitol Light
Rexel USA, Inc. dba Brohl and Appell
Rexel USA, Inc. dba New Haven Supply
Rexel USA, Inc. dba Rexel Commercial & Industrial
Rexel USA, Inc. dba Parts Super Center
Rexel USA, Inc. Rexel Automation Solutions
Rexel USA, Inc. d/b/a Utility Supply Group
Rexel USA, Inc. dba Electrical Parts
Rexel USA, Inc. d/b/a Mayer Electric Supply
Rexel USA, Inc. d/b/a The Hite Company
Rexel USA, Inc. d/b/a/ Horizon Solutions LLC
Buckles and Smith Electric Company
Rexel USA, Inc dba Teche Electric Supply
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0

THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.

Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date

CITY OF VALLEJO

BUSINESS LICENSE
14951 DALLAS PKWY

REXEL USA INC
PO BOX 9085
ADDISON, TX 75001-9008
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only"

REXEL USA INC

REXEL USA INC
July 01, 2022
June 30, 2023
11709823
REXEL USA INC :

Thank you
for your payment on your City of Vallejo Business License. ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (707) 302-6074.

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.

This certificate does not entitle the holder to conduct business before complying with all requirements of the Vallejo Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.

If you have a fixed place of business within the City of Vallejo please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of Vallejo

BUSINESS LICENSE

BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2022
11709823License Number: REXEL USA INC
PO BOX 9085
ADDISON, TX 75001-9008

TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2022 - 2023
TAX
COLLECTOR’S OFFICE, City Hall, 555 Santa Clara St., Vallejo, CA. This certificate is evidence that the person (s), firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the City ’s building / Fire / Zoning regulations.

DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0 Medium
Voltage Service
Agreement
Preventative Maintenance
Services

BUDGETARY

ESTIMATE
City o
f Vallejo
Vallejo, CA
30367020.1
Febr
uary 3rd, 2023
Presented to:

Terry Duncan
City of Vallejo
202 Fleming Hill Rd
Vallejo, CA 94589
United States of America
Proposed by:

Rexel
1534 N Market Blvd
Sacramento, CA 95035
United States of America
Rockwell Automation Inc.
135 Dundas St
Cambridge, ON N1R 5N9
Canada
ATTACHMENT 1 OF EXHIBIT A
DocuSign Envelope ID: CF466CFC-5978-4E51-B5EE-5D602F6548B0   &LW\RI9DOOHMR
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Rockwell Automation Powerflex® 6000T Preventative Maintenance Schedule 5-Year Agreement Prepared for City of Vallejo

Preventative Maintenance Activity Description and Length of Service Duties Preventative Maintenance 5 Year Contract > 5-Year Agreement Coverage Execution Year > 2022 2023 2024 2025 2026 2027
PowerFlex 6000T Preventative Maintenance Year > 1 13 14 16 17 Description Serial Number Trip Type Location
Drive 1
Powerflex® 6000T 4160.0 V 1250.0HP
155.0A
6505347908-101 1 ACD
City of Vallejo
202 Fleming
Hill Rd.,
Vallejo, CA
94589
Health
Check
Health
Checks

1 day
per
Drive
Health
Checks

1 day
per
Drive
Health
Checks

1 day
per
Drive
Health
Checks

1 day
per
Drive
Health
Checks
Main
Cooling
Fans

2 days
per
Drive

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Consent Calendar

8.G.

DATE: October 24, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
Dan Sequeira, City Engineer/Assistant Public Works Director SUBJECT: ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC. IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER

FINDING IT IN THE BEST INTEREST OF THE CITY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

RECOMMENDATION
Adopt a Resolution awarding a construction contract to EVCharge4U, Inc. in the amount of $169,584.50 for the Vallejo-City Fleet Electric Vehicle Chargers at City Facilities Project (PW9438) after finding it in the best interest of the City and authorizing the City Manager to execute the contract.

REASONS FOR RECOMMENDATION
This project is part of the City’s efforts to transition the City's fleet to electric-powered vehicles and improve its charging infrastructure. Awarding this construction contract will allow for completion of the project and satisfy the City's grant funding agreement commitments.

BACKGROUND AND DISCUSSION
This project (PW9438) is part of the City’s efforts to transition to electric fleet vehicles by developing an electrical charging infrastructure. To reduce air pollution and modernize the City’s vehicle fleet, the City of Vallejo is seeking to have Level II electric car charging stations installed at two locations; 1) the City’s Public Works Corporation Yard located at 111 Amador Street, and 2) at the Fleming Hill Water Treatment Plant located at 202 Fleming Hill Road in Vallejo, California.

On March 9, 2021, Council adopted Resolution No. 21-023 N.C. appropriating a Bay Area Air Quality Management District (BAAQMD) grant received through Solano Transportation Authority (STA) in the amount of $35,000 for EV Charging Stations to be installed at the Public Works Corporation Yard location.

On February 8, 2022, Council adopted Resolution No. 22-014 N.C. establishing the PW9438: EV Chargers at City Facilities Project and moving the existing appropriated BAAQMD grant funds referenced above into PW9438. At that same meeting, Council adopted Resolution No. 22-016 N.C. recognizing and appropriating another BAAQMD grant received through STA in the amount of $25,000 for EV Charging Stations to be installed at the Fleming Hill Water Treatment Plant.

In addition, $48,000 in Marin Clean Energy (MCE) rebates and $38,781 of Capital Outlay Funds have been set aside for the project and staff is proposing to transfer $87,391 of Long-Term Maintenance Funds in order to properly fund the project and meet all grant requirements.

An Invitation for Bid was advertised for four weeks and five days from October 2, 2021 to November 4, 2021. On November 4, 2021, four sealed bids were received, opened, and publicly read by Public Works Staff. The bids, in

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC.

IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST

INTEREST OF THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

order from lowest to highest, were as follows:

CONTRACTOR BASE BID
Pro Cal Lighting $118,447.03
EVCHARGE4U $150,037.00
MJK Construction $219,279.58
Ample Electric $279,500.00

Staff evaluated the bids and determined that Pro Cal Lighting was the lowest responsive and responsible bidder.

During the evaluation of the bids, the second lowest bid by EVCHARGE4U was deemed non-responsive because it did not include a subcontractor to perform trenching and paving work, which EVCHARGE4U isn’t licensed to perform pursuant to the State of California Contractors State License Board. The third and fourth lowest bids were significantly higher than the project budget of $146,781.

On May 24, 2022, the City Council adopted Resolution No. 22-088 N.C., awarding a construction contract to Pro Cal Lighting and rejecting the bids of the second through fourth bidders. When staff attempted to execute the construction contract, Pro Cal Lighting opted to withdraw their bid and not execute the contract.

In May 2023, staff contacted the two lowest bidders, Pro Cal Lighting and EVCHARGE4U, to see if either company was still interested in submitting a revised bid for the project. Pro Cal Lighting was not interested in resubmitting a bid. However, EVCharge4U was interested in rebidding the project provided that the City would allow them to use a subcontractor to perform the trenching, backfill and pavement restoration in the City Public Works Corporation Yard location.

Since the project had been unsuccessfully bid and awarded once, staff made improvements to the plans and specifications and engaged EVCHARGE4U, which responded by stating it was interested in rebidding the project.

EVCHARGE4U’s revised bid of $169,584.50 has been deemed fair and reasonable by staff. The firm possesses an appropriate and valid contractor’s license, has included the services of a qualified subcontractor to perform the trenching and paving components of the work, has provided satisfactory references, and holds the proper certification to install the EV charging stations. EVCHARGE4U has accepted the construction contract and is ready to perform the work.

Staff recommends the City Council, in the best interests of the City, exercise its authority pursuant to Vallejo Municipal Code Section 3.20.09 0.A.12 and award a construction contract to EVCHARGE4U in the amount of $169,584.50.

The following table depicts EVCHARGE4U's revised bid in comparison with the original bids from the November 2021 bid opening.

Date: October 24, 2023
Subject:

ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC.

IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST

INTEREST OF THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

CONTRACTOR UPDATED BASE BID
Pro Cal Lighting $118,447.03 - November 2021 Bid
(Withdrawn)
EVCHARGE4U $169,584.50 - Revised Bid
MJK Construction $219,279.58 - November 2021 Bid
Ample Electric $279,500.00 -November 2021 Bid

The work to be done includes all aspects of design, installation, function testing, system use training for City employees as necessary to furnish and install ten (10) charging stations at the Corporation Yard and four (4) charging stations at the Fleming Hill Water Treatment Plant. More specifically, this includes, but may not necessarily be limited to, the following:
• Design and preparation of specifications and plans for the proposed locations per City, PG&E, and Industry standards and all applicable building and electrical codes • Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license
• Installation of Level II chargers, electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers • Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger material and equipment for a complete in place system
• Installation of signage, pavement markings and restoration of existing conditions • Restoration of (1) parking spot to conform to ADA standards • Testing and commission of the EV charger stations
• Installation and enabling for city fleet access and power sharing between the chargers • Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

FISCAL IMPACT
If approved, this construction contract in the amount of $169,584.50 will be paid out from grants, MCE rebates, Capital Outlay fund and Long-Term Maintenance fund already appropriated in the CIP Project No. PW9438:

Electric Vehicle (EV) Chargers at City Facilities Project. The appropriated project budget and estimated project expenditures are as follows:

SOURCES BUDGET EXPENDITURES
Fund 221: Grants / Reimbursements
Transportation Funds for Clean Air
Fleming Hill Water Treatment Plant location
$ 25,000
Date: October 24, 2023
Subject:

ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC.

IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST

INTEREST OF THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

Fund 221: Grants / Reimbursements
Transportation Funds for Clean Air
Public Works Corporation Yard location
$ 35,000
Fund 221: Grants / Reimbursements
MCEv Reimbursement
Fleming Hill Water Treatment Plant location
$ 18,000
Fund 221: Grants / Reimbursements
MCEv Reimbursement
Public Works Corporation Yard location
$30,000
Fund 201: Capital Outlay $ 38,781
Fund 223: Long Term Maintenance
Proposed Transfer
from PW9405 Elevator Rehab Project
Project is almost completed
$ 87,391

Preliminary Engineering Staff Time ($13,887.00)
Construction: EVCHARGE4U ($169,584.50)
Construction Contingency (~10%) ($17,000.00
Miscellaneous ($1,000.00)
Construction Management & Inspection ($18,000.00)
TOTAL $234,172 ($219,471.50)

ENVIRONMENTAL REVIEW
This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, Class 3 (New Construction or Conversion of Small Structures).

ATTACHMENTS

1. Resolution-Award PW9438 to EVCARGE4U_CAO Stamp

2. Construction Contract_EVCHARGE4UINC_PW9438_CAO Stamp

3. Specifications_PW9438-Final-mt

4. Location Map_PW9438

CONTACT
Date: October 24, 2023
Subject:

ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC.

IN THE AMOUNT OF $169,584.50 FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST

INTEREST OF THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]

RESOLUTION NO. 23-______ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING A CONSTRUCTION CONTRACT TO EVCHARGE4U, INC. FOR THE VALLEJO-CITY FLEET ELECTRIC VEHICLE CHARGERS AT CITY FACILITIES PROJECT (PW9438) AFTER FINDING IT IN THE BEST INTEREST OF THE CITY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WHEREAS, on March 9, 2021, the City Council adopted Resolution No. 21-023 N.C., which appropriated a Bay Area Air Quality Management District (BAAQMD) grant received through Solano Transportation Authority (STA) in the amount of $35,000 for EV charging stations to be installed at the Public Works Corporation Yard location; and
WHEREAS, on February 8, 2022, Council adopted Resolution No. 22-014 N.C., which established the PW9438: EV Chargers at City Facilities Project, moved the $35,000 BAAQMD grant into PW9438, and appropriated $48,000 of Marin Clean Energy (MCE) recognized and appropriated another BAAQMD grant received through STA for EV charging stations to be installed at the Fleming Hill Water Treatment Plant location in the amount of $25,000; and
WHEREAS, on February 8, 2022, Council adopted Resolution No. 22-016 $48,000 of Marin Clean Energy (MCE) Rebates recognized and appropriated on February 8, 2022, by Council through the adoption of Resolution No. 22-014 N.C. and Resolution No. 22-016 N.C., with $30,000 being appropriated for the Public Works Corporation Yard location and $18,000 being appropriated for the Fleming Hill Water Treatment Plant location; and
WHEREAS, the project has $38,781 of Capital Outlay Funds and staff is proposing to transfer in $87,391 of Long-Term Maintenance Funds in order to properly fund the project and make all the required deadlines for the grants already accepted; and
WHEREAS, an Invitation for Bid was advertised for four weeks and five days from October 2, 2021 to November 4, 2021, and publicly opened bids on November 4th, 2021 and received four (4) bids; and WHEREAS, staff evaluated the bids and determined that Pro Cal Lighting was the lowest responsive and responsible bidder, and the second lowest bid by EVCHARGE4U did not include a subcontractor to perform trenching and paving work, which EVCHARGE4U isn’t licensed to perform pursuant to the State of California Contractors State License Board, the third and fourth lowest bids were significantly higher than the project budget of $146,781; and
WHEREAS, on May 24, 2022, the City Council adopted Resolution No. 22-088 N.C. approving and adopting the Drawings and Specifications for this project and awarding a construction contract to Pro Cal Lighting and rejecting the bids of the second through fourth bidders; and WHEREAS, Pro Cal Lighting opted not to sign the construction contract and withdrew its bid; and

WHEREAS, in May 2023, staff contacted the two lowest bidders, Pro Cal Lighting and EVCHARGE4U, to see if either company was still interested in submitting a revised bid for the project. Pro Cal Lighting was not interested in resubmitting a bid. EVCharge4U was interested in rebidding the project; and WHEREAS, EVCHARGE4U’s revised bid of $169,584.50 has been deemed by staff to be fair and reasonable, possess an appropriate and valid contractor’s license, have provided satisfactory references, hold the proper certification to install the EV Charging Stations, has accepted the construction contract and is ready to perform the work; and
WHEREAS, Vallejo Municipal Code 3.20.090.A.12 provides an exemption from competitive purchasing requirements when specifically authorized by the City Council after a finding and determination that it is in the best interests of the City; and
WHEREAS, there is adequate funding to award the Contract.

NOW THEREFORE BE IT RESOLVED that the Council of the City of Vallejo hereby finds it is in the best interest of the City to award, and hereby does award, a construction contract to EVCHARGE4U, Inc., of Berkeley, CA, in the amount of $169,584.50 to install EV charging stations at the Public Works Corporation Yard and Fleming Hill Water Treatment Plant locations. EVCHARGE4U, has the requisite skill and experience to perform the required work, has identified subcontract work to be performed and its bid amount is substantially (approximately $50,000.00) less than the next lowest bidder.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign the Construction Contract between the City of Vallejo and EVCHARGE4U, Inc., with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future change orders to the Construction Contract not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 24, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACT
FOR
Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438) THIS CONTRACT (“Contract”) made and concluded in duplicate this 25th day of October 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 EVCHARGE4U, Inc., hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, on May 24, 2022, the City Council of the City of Vallejo adopted Resolution No. 22- 088 N.C. approving and adopted the Drawings and Specifications for Project No. PW9438; and WHEREAS, CONTRACTOR'S revised bid of $169,584.50 has been deemed by staff to be fair and reasonable and CONTRACTOR possesses an appropriate and valid contractor’s license, has provided satisfactory references, hold the proper certification to install the EV Charging Stations, has accepted the construction contract and is ready to perform the work; and WHEREAS, on October 24, 2023, the City Council found and determined it was in the City's best interest pursuant to Vallejo Municipal Code Section 3.20.090.A.12 to award this Contract to the Contractor without having to rebid the Project.

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 the Drawings and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the design and construction and completion of the Vallejo City-Fleet Electric Vehicle Charging Stations Project. The work includes but is not limited to: Design and preparation of specifications and engineered plans for the proposed locations per City, PG&E, MCE, and Industry standards and all applicable building and electrical codes; Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license; Installation of electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers; Furnishing ChargePoint CBF50 Chargers or approved equal, EV charger material and equipment for a complete in place system; Installation of signage, pavement markings and restoration of existing conditions; Restoration of (1) parking spot to conform to ADA standards; Testing and commission of the EV charger stations; Installation and enabling for city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438) the project as complete. The project is located at Vallejo Public Works Corporation Yard and the Vallejo Water Department.

2. COMPENSATION
City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Table 1 "Scope of Work," and for all authorized reimbursable expenses, for a total not-to-exceed amount of $169,784.50. The City Manager or his designee is authorized to execute future Contract Change Orders not to exceed the appropriated project budget.

Table 1 - Scope of Work

PHASE A

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

PHASE B

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438) TOTAL PHASE A AND B $169,584.50
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) Drawing & Specifications and Special Provisions as approved by City Council via Resolution No. 22-088 N.C., on May 24, 2022;
(c) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(d) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(e) Change Orders as approved by City Manager or designee; (f) Faithful performance and Payment (Labor and Materials) Bonds; (g) Any other documents identified as such in the Contract Documents.

Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438)

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.

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 ON FOLLOWING PAGE]
Vallejo City-Fleet Electric Vehicle Charging Stations Project (PW9438) IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CITY OF VALLEJO,
a municipal corporation
CONTRACTOR:

By: By:

Michael Malone, City Manager EVCHARGE4U, Inc.

Attest: Print Name:

By: Print Title:

Dawn G. Abrahamson, City Clerk
Approved as to Content:

By: (City Seal)
Melissa Tigbao, P.E., Public Works Director
Approved as to Form:

By: (Corporate Seal)
Veronica A.F. Nebb
City Attorney
Approved as to Insurance:

By:

Armond Sarkis
Risk Manager

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

BID DOCUMENTS
FOR
Vallejo City-Fleet Electric Vehicle Charging Stations Project PW 9408

CITY COUNCIL
Robert McConnell, Mayor
Pippen Dew
Cristina Arriola
Mina Diaz
Rozzana Verder-Aliga, Vice-Mayor
Katy Meissner
Hakeem Brown
Melissa Tigbao
Acting Public Works Director
City Hall
Vallejo, CA 94590
(707) 648-4315
Bid Opening: 2:00 p.m.

Thursday, March 31, 2022 at
Vallejo Hall Main Entrance
on the 2nd Floor, City Hall
Prepare under the direction of:

Melissa Tigbao, Acting Public Works Director
Pre-Bid Conference: Mandatory
Date: Tuesday March 15, 2022
Time: 1:00 PM
Starting Place: 111 Amador Street,
Vallejo, CA 94590

TABLE OF CONTENTS
Page

NOTICE TO CONTRACTORS .................................................................................... 1 PROPOSAL FORM ..................................................................................................... 10 BID SHEET ................................................................................................................. 12 BIDDER'S BOND ........................................................................................................ 15 CONTRACTOR QUALIFICATIONS ............................................................................ 17 CITY OF VALLEJO ..................................................................................................... 19 DEPARTMENT OF PUBLIC WORKS ......................................................................... 19 DESIGNATION OF SUBCONTRACTORS .................................................................. 19 CITY OF VALLEJO ..................................................................................................... 20 DEPARTMENT OF PUBLIC WORKS ......................................................................... 20 NONDISCRIMINATION CLAUSE ............................................................................... 23 CONTRACT ................................................................................................................ 24 FAITHFUL PERFORMANCE BOND ........................................................................... 29 PAYMENT (LABOR AND MATERIALS) BOND ........................................................... 31 CONTRACTOR QUALIFICATION QUESTIONNAIRE ................................................ 33

SECTION A: SPECIAL PROVISIONS

1. Location of Work A-1

2. Scope of Work A-1

3. Pre-Construction Conference A-1

4. Underground Utilities A-1

5. Materials and Tests A-1

6. City Furnished Materials A-2

7. Water A-2

8. Sequence of Construction to Maintain Traffic A-2

9. Construction on Private Property A-2

10. Watermain Tie-Ins A-2

11. As-Built Drawings A-3

12. Hazardous Waste in Excavation A-3

SECTION B: GENERAL PROVISIONS

1. Definitions and Terms B-1

2. Proposal Requirements and Conditions B-12

3. Award and Execution of Contract B-15

4. Scope of Work B-17

5. Control of Work B-22

6. Control of Materials B-30

7. Legal Relations and Responsibilities B-41

8. Prosecution and Progress B-77

9. Measurement and Payment B-95

SECTION C: WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates C-1

2. Payroll Records C-1

3. Equipment Rental Rates C-2

SECTION D: TECHNICAL SPECIFICATIONS

SECTION D.0100 - ORDER OF WORK 3
SECTION D.0200 - DUST CONTROL 8
SECTION D.0300 - MOBILIZATION 9
SECTION D.0400 - CPM CONSTRUCTION SCHEDULES 11
SECTION D.0500 - SUBMITTALS 19
SECTION D.0600 - EXISTING UTILITIES 30
SECTION D.0700 - TRAFFIC AND ACCESS CONTROL 35
SECTION D.0800 - CONSTRUCTION AREA SIGNS 42
SECTION D.0900 - RECYCLING & WASTE MANAGEMENT PLAN (WMP) 44 SECTION D.1000 - WATER POLLUTION CONTROL 49
SECTION D.1050 - CLEARING AND GRUBBING 54
SECTION D.1060 - SITE PREPARATION 56
SECTION D.1070 - LINES AND GRADES 58
SECTION D.1200 - DEMOLITION 60
SECTION D.1400 - ELECTRICAL 62
SECTION D.1500 - AGGREGATE BASE 66
SECTION D.1600 - HOT MIX ASPHALT (TYPE A) 68
SECTION D.1700 - CONCRETE 78
SECTION D.1900 - SIGNING, STRIPING AND PAVEMENT MARKING 86 SECTION D.2300 - EARTHWORK 90
SECTION D.2315 - UTILITY EARTHWORK 95

Vallejo City-Fleet Electric Charging Stations Project (PW 9408)

1 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING

NOTICE TO CONTRACTORS

NOTICE IS HEREBY GIVEN THAT SEALED BIDS will be received in the "Public Works Department" Drop Box in front of City Hall, 2nd Floor, Vallejo, California, during the business hours of 9:00 AM through 3:00 PM, Monday through Friday, holidays excepted, until the hour of 2:00 p.m. on March 31, 2022 at which time they will be publicly opened and read aloud in front of the main entrance to City Hall, 2nd Floor of said City Hall for the Vallejo City-Fleet Electric Vehicle Charging Stations Project, City of Vallejo, County of Solano, California according to the drawings and specifications prepared by City Staff.

The City of Vallejo is requesting bid proposals from qualified vendors to design, furnish, and install Level 2 electric vehicle (EV) charging stations for City Fleet use on City‐owned property. A turnkey solution is sought in which the vendor would design, furnish, install, power and then provide maintenance for a period of three years after acceptance.

The locations where the City would like to have charging stations installed is:

Corporation Yard located at 111 Amador Street, Vallejo, CA 94590 The Fleming Hill Water Treatment Plant located at 202 Fleming Hill Road, Vallejo, CA 94589.

The work requires that the vendor or the vendor’s installation subcontractor be licensed by the State of California as a C10 Electrical Contractor with EVITP certification. Ideally the vendor should have a minimum of three (3) years of experience with electric charging station installations.

The work to be done includes: All aspects of design, installation, function testing, system use training for City employees as necessary to furnish and install ten (10) charging stations at the Corporation Yard and four (4) charging stations at the Fleming Hill Water Treatment Plant. More specifically this includes, but may not necessarily be limited to the following:

Design and preparation of specifications and plans for the proposed locations per City, PG&E, and Industry standards and all applicable building and electrical codes;

Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license;

Installation of Level 2 chargers, electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers;

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 2 Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger material and equipment for a complete in place system;
Installation of signage, pavement markings and restoration of existing conditions; Restoration of (1) parking spot to conform to ADA standards; Testing and commission of the EV charger stations;
Installation and enabling for city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

The Bidder shall include in his bid and provide all labor, tools and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein.

Bids are required for the entire work described herein. A MANDATORY pre-bid conference and job site walk will be held Tuesday, March 15, 2022 at 1:00 pm, in the City of Vallejo Co rporation Yard at 111 Amador Street CA. After the Corporation Yard, the mandatory pre-bid walk will take place at the City of Vallejo Water Treatment Plant at 202 Fleming Hill Road. This Mandatory meeting is to have the bidder carefully examine the location where work is contemplated. Access to the Main Electrical Panel at the Corporation Yard and the Main Electrical Room and electrical vaults at the Water Treatment Plant will be available during the required Bid Walk.

Time of completion of the work is 90 WORKING DAYS from the date of issuance of the written notice to proceed by the City. The contract will remain in effect for three additional years after acceptance of installation for maintenance purposes.

No bid will be received unless it is made on the Proposal Forms included in these proposed Contract Documents. Each bid must be accompanied by cash, a cashier's check, certified check or Bidder's bond made payable to the City of Vallejo in the amount of ten percent (10%) of the total bid amount as bid security. Bid bonds shall be issued by a corporate surety duly admitted and authorized to issue bonds and undertakings by the State of California and on the form provided by the City of Vallejo.

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 of Vallejo, Department of Public Works, 555 Santa Clara Street, 4th Floor, Vallejo, CA 94590-5934.

Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City of Vallejo, 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.

The Contractor shall post a copy of the general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein. The Contractor shall Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 3 also keep an accurate certified payroll record in accordance with requirements set forth in section 1776 of the Labor Code of the State of California and these Contract Documents.

No contractor or subcontractor may be awarded a contract or listed on a bid proposal for a public works project unless registered with the State of California Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

Bidders are advised that this project is subject to all federal, state and local nondiscrimination laws including Vallejo Municipal Code sections 2.72.030 and 2.72.040.

Proposed Contract Documents may be examined at:

Bay Area Builders Exchange (Alameda)
3055 Alvarado St.,
San Leandro, CA 94577
Valley Contractors Exchange
951 East 8th Street
Chico, CA 95928
Bay Area Builders Exchange (Contra Costa)
2440 Stanwell Drive
Concord, CA 94520
Sacramento Regional Builders Exchange
5370 Elvas Ave.

Sacramento, CA 95819
San Francisco Builders Exchange
850 So. Van Ness Avenue
San Francisco, CA 94110
North Coast Builders Exchange
1030 Apollo Way
Santa Rosa, CA 95407
Marin Builders Association
660 Las Gallinas Avenue
San Rafael, CA 94903
Small Business Exchange
703 Market Street, Suite 1000
San Francisco, CA 94103
Peninsula Builders Exchange
282 Harbor Blvd.

Belmont, CA 94002
Placer County Builders Exchange
10656 Industrial Ave., Suite 160
Roseville, CA 95678
Builders Exchange of Santa Clara
400 Reed Street
Santa Clara, CA 95050
Construction Bidboard
11622 El Camino Real, Suite 100
San Diego, CA 92130
The drawings (Plans), Specifications, other Contract Documents and proposal forms may be obtained from the City of Vallejo website, http://www.cityofvallejo.net/doing_business/bids___proposals. (note three underscores between “bids” and “proposals”) The website will provide a link to PlanetBids. Interested Bidders may register as Planholders (only Planholders receive information regarding addenda, and other notices from the city) online via the PlanetBids website (no cost). Users of documents posted on the internet in electronic form are cautioned that the City of Vallejo does not assume any liability or responsibility based on these Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 4 electronic files for any defective or incomplete copying, excerpting, scanning, faxing or downloading of the Contract Documents.

Complete sets of Contract Documents shall be used in preparing bids; neither City nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

The bid security for the three acceptable lowest Bidders shall be retained until the City Council has awarded a Contract to the successful Bidder. All other Bidder's bid security shall be returned to the Bidder.

Pursuant to section 22300 of the Public Contract Code, the Contractor may substitute a deposit of securities in lieu of the City of Vallejo withholding any monies to ensure Contractor's performance under the Contract, or alternatively, request that the City of Vallejo make payment of retentions earned directly to an escrow agent at the expense of Contractor. 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 City of Vallejo reserves the right to reject any or all bids or portions thereof, to accept a bid or portion thereof or to waive any minor irregularity.

Bidders and Contractor shall be licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code section 7000 et seq., known as the Contractors' License Law. The license classification required for this project is C10.

DAWN G. ABRAHAMSON
City Clerk
Dated:

March 2, 2022
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 5 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION
Vallejo City-Fleet Electric Vehicle Charging Stations Project

INSTRUCTIONS TO BIDDERS
1) All portions of the Proposal Form must be completed before the bid is submitted. Failure to do so may result in the bid being rejected as non-responsive. Attached to and submitted with the Proposal Form, Bidder must provide the completed:
(a) Contractor Qualifications,
(b) Designation of Subcontractors,
(c) Non-Collusion Affidavit for Contractors or Subcontractor, (d) Non-Discrimination Clause,
(e) The appropriate bid security.

Failure to submit all required documents may result in the bid being rejected as non-responsive. 2) An original of the Proposal Form shall be filled in and submitted as the bid. 3) Sealed bids will be addressed to:

Dawn G. Abrahamson, City Clerk
555 Santa Clara Street
P.O. Box 3068
Vallejo, California 94590
4) City of Vallejo has obtained report(s):
(a) N/A
The reports may contain facts that may materially affect Bidders' bids. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or reports or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in any drawings.

In addition, City of Vallejo has constructed other public works projects throughout the City, and obtained reports and other information in the course of the design and construction of those other public works construction projects, all of which may contain facts that may materially affect Bidders’ bids. Bidders are strongly encouraged to inspect all of City's reports, records and documents referred to above. Said reports and documents will be made available upon written Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 6 request at City of Vallejo Public Works Counter, 4th Floor City Hall for inspection and copying at Bidders’ sole cost and expense, during normal working hours. 5) Written questions will be the only questions that receive an official response from the City.

Written questions may be submitted:
a) By Fax (707) 648-4691; or
b) By E-mail to the Project Manager
[email protected]
c) By Letter addressed to:

Vallejo City-Fleet Electric Vehicle Charging Stations
Brant Wilson
City of Vallejo Public Works Department
P.O. Box 3068
555 Santa Clara Street, 4th Floor
Vallejo, CA 94590
Bidders are advised that oral or written communication from the City not in the form of an official addendum do not alter the Contract Documents.
6) The cut off time for submission of bid questions is 5:00 P.M. (Pacific Time) on January 6, 2022.

Any questions received after this time will not be responded to. 7) Following the public opening of bids, the City may request in writing that the apparent low Bidder complete the Contractor Qualification Questionnaire on City’s form and furnish all required supporting documentation to enable the City to determine whether the apparent low Bidder is responsible and/or qualified to perform the work described in the Contract Documents. By submission of a bid, Bidder agrees to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, all in strict conformance with the requirements of the Contract Documents and Contractor Qualification Questionnaire, and return to the City within five (5) working days of City's written request. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, and return it to the City within five (5) working days of City's written request, Bidder will not be considered for award of the Contract, and further, Bidder agrees that the City may award the Contract to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all of the City's costs, damages, expenses and liabilities.
8) If for any reason the City elects to not award the Contract to the apparent low Bidder, the City may request in writing that the apparent second lowest Bidder complete the Contractor Qualification Questionnaire and furnish all required supporting documentation as required by the preceding paragraph, to enable the City to determine whether the second low Bidder is qualified to perform the work described in the Contract Documents. If for any reason the City elects to Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 7 not award the Contract to the apparent second lowest Bidder, the City may request the third lowest Bidder complete the Contractor Qualification Questionnaire and furnish all required supporting documentation, and so on.
9) If the City receives from a Bidder within the time set forth in these Contract Documents, a complete Contractor Qualification Questionnaire and all required supporting documentation as required by the Contract Documents, and if the City determines that a Bidder is not qualified to perform the work required by the Contract Documents, and if the City elects to not award the Contract to that Bidder, the City will promptly return that Bidder's bid security. 10) Bid Protests - Only Bidders may protest bids. All bid protests must be submitted in writing along with a non-refundable $2,500.00 bid protest fee.
a) All bid protests must be addressed to Director, Public Works Department, City of Vallejo, 555 Santa Clara Street, P. O. Box 3068, Vallejo, CA 94590 re: Vallejo City-Fleet Electric Charging Stations Project and received, by said Director along with the non-refundable bid protest fee, by the Bid Protest Deadline. The bid protest submitted to the Director shall include one original and two complete copies. The original bid protest and two complete copies shall be transmitted to the Director via certified mail, return receipt, or hand delivery.
b) The Bid Protest Deadline shall be the earlier of any of the following that may apply:
(i) If the bid protest is based on the responsiveness of a particular bid or the responsibility of a particular Bidder, the Bid Protest Deadline is 5:00 p.m. on the 4th business day after the bid opening;
(ii) If the bid protest is based on the City's determination that a bid is not responsive or a Bidder is not responsible, then the affected Bidder's Bid Protest Deadline is 5:00 p.m. on the 4th business day after the date of the City's notice to the affected Bidder.
c) Additionally, the following shall apply to all bid protests:
(i) The written bid protest must state all facts and each legal basis for the protest. (ii) The written bid protest must specifically identify each portion of each document that forms the basis for the protest and include a copy of each document. (iii) The protest must include the name, address and telephone number of the person representing the protesting party.
(iv) Before the Bid Protest Deadline, the Bidder protesting a bid shall transmit to all other parties having a potential interest that may be adversely affected by the outcome of the protest, a complete copy of the bid protest and all supporting documents, including but not limited to all other Bidders who may have a Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 8 reasonable prospect of losing or obtaining an award of the Contract depending on the outcome of the protest.
(v) The procedures and time limits set forth in this section for Bid Protests are strictly construed and are Bidder's sole and exclusive remedy in the event of a bid protest.

Bidders' failure to strictly comply with these procedures and time limits shall constitute a waiver of any right to further pursue the bid protest, including but not limited to, the filing of a Government Code Claim or legal proceedings. (vi) A Bidder may not rely on a bid protest submitted by another Bidder, but must timely pursue its own bid protest.
11) Liquidated damages that may be assessed by City of Vallejo for late completion is $600 for each calendar day delay.
12) In addition to the Designation of Subcontractors form that must be submitted with each Bidder’s proposal, within twenty-four (24) hours of the bid opening, the apparent low Bidder shall furnish the City, in writing, for all subcontractors who will perform work on the work of improvement, the subcontractor’s: Name, address, telephone number, facsimile number, email address, California contractor’s license number, DIR registration number, the bid item of work to be performed, MBE status, WBE status and the dollar amount of subcontractor’s work. This supplemental information must be furnished to:

Brant Wilson, City of Vallejo, 555 Santa Clara Street, Vallejo, CA 94590 13) Terms used in the Instructions to Bidders have the same meanings indicated in the General Conditions and Supplementary Conditions.
14) The City of Vallejo desires wherever possible to hire qualified City of Vallejo residents to work on City projects. Contractors, subcontractors, consultants, and developers will, wherever possible, solicit proposals from qualified local firms and will, wherever possible, employ qualified local residents to work on City projects.

City of Vallejo Municipal Code section 3.20.230 states in part:

In bidding for, or letting contracts for purchase of materials, equipment, services and public works projects, whether by formal bid, by open market procedure pursuant to section 3.20.100 of this code or, by competitive proposal pursuant to section 3.20.110 of this code, the purchasing agent shall give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed five percent of the local business' total bid price if the cost differential does not exceed ten thousand dollars for purchases in amounts of ten thousand dollars or more.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 9 Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 10 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

PROPOSAL FORM

FOR THE
Vallejo City Fleet Electric Vehicle Charging Stations Project TO: The Honorable Mayor and City Council
City of Vallejo
Vallejo, California 94590
Name of Bidder:

Business Address:

Place of Residence:

Any person or entity submitting a bid on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code.

Contractor’s License No.: Expiration Date:

Contractor’s Classification
Name of Contractor’s License:

DIR Registration No.: Expiration Date:

City of Vallejo Business License No.:

Business Address:

Phone: Fax:

E-mail:

Place of Residence:

Telephone No.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 11 The work to be done consists of:

In accordance with the Drawings and Specifications, the work includes furnishing all labor, materials, tax, equipment, incidentals and services for the design and construction and completion of the Vallejo City-Fleet Electric Vehicle Charging Stations Project. The work includes but is not limited to: Design and preparation of specifications and engineered stamped plans for the proposed locations per City, PG&E, MCE, and Industry standards and all applicable building and electrical codes; Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license; Installation of electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers; Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger material and equipment for a complete in place system; Installation of signage, pavement markings and restoration of existing conditions; Testing and commission of the EV charger stations; Installation and enabling for city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the drawings therein referred to, and all of the Contract Documents; and he/she proposes and agrees if this proposal is accepted, that he/she will contract with the City of Vallejo, in the form of the copy of the contract annexed hereto, to provide all necessary labor, materials, machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore the following item prices, to wit:

NOTE: The quantities following are approximate only and will be used as a basis for the comparison of bids.

An (s) listed after a Bid Sheet Description of Item, if any, indicates items that are considered "Specialty Items" as defined in Section 8-1.01 of the General Provisions.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 12 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

BID SHEET

FOR THE
The Vallejo City-Fleet Electric Vehicle Charging Stations Project Base Bid Items:

BASE BID SUMMARY
Total Bid: $
(IN FIGURES)
$
(IN WORDS)
BIDDER’S SIGNATURE:

The Contract, if it is awarded, shall be awarded to the Contractor submitting the lowest Total Bid that complies with these Contract Documents.

ITEM
No. DESCRIPTION OF ITEM ESTIMATED

QUANTITY UNIT UNIT
PRICE
TOTAL
AMOUNT
1 Engineering and Design of (10)
Vallejo City-Fleet Electric Vehicle
Charging Stations at 111 Amador
Street
1 LS $ $
2 Engineering and Design of (4)
Vallejo City-Fleet Electric Vehicle
Charging Stations at 202 Fleming
Hill Road
1 LS $ $
3 Installation of (10) Vallejo City-Fleet
Electric Vehicle Charging Stations
at 111 Amador Street
1 LS $ $
4 Installation of Vallejo (4) City-Fleet
Electric Vehicle Charging Stations
at 111 Amador Street
1 LS $ $
5 Maintenance of Vallejo City-Fleet
Electric Vehicle Charging Stations
for Three Years (Per Hour)
1 HR $ $
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 13 In case of discrepancy between the Unit Prices and the Total Amount for a bid item, the Unit Price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a Unit Price for a said item is not readable or otherwise not clear, or is omitted, or is the same amount as the entry in the Total Amount column, then the amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for said item and the price thus obtained shall be the Unit Price amount. (b) (Decimal Errors) If the total of the entered Unit Price multiplied by the given Estimated Quantity is exactly off by a decimal factor (i.e., ten, one hundred, etc. or, one-tenth, one-hundredth, etc.) from the entered Total Amount, the discrepancy will be resolved by using the entered Unit Price or entered Total Amount, whichever most closely approximates (by percentage) the Unit Price or Total Amount in the City -Engineer's Cost Estimate.
(c) In order for a bid to be valid, all aspects of the Bid Sheet must be filled out completely. An incomplete Bid Sheet may be grounds for a bid to be rejected.

The Bidder agrees that if the Bidder is selected as the apparent lowest responsible Bidder, and the Bidder fails to sign the Contract and furnish the Performance Bond, the Payment Bond, certificates of insurance, and other required items within the time limit specified in the Contract Documents, the City of Vallejo may award the work to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all of the City’s costs, damages, expenses and liabilities arising from Bidder's failure to sign the Contract and/or furnish the required documents.

Bidder declares that he/she/it has not accepted any bid from any subcontractor or vendor through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the Bidder from considering any bid from any subcontractor which is not processed through said bid depository or which prevent any subcontractor or vendor from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.

ACCOMPANYING THIS PROPOSAL is ____________________ (in an amount of ten percent (10%) of the total bid)
NOTICE: Insert the words CASH ($____________________________), CASHIER'S CHECK, BIDDER'S BOND, or CERTIFIED CHECK, as the case may be.

THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING PROPOSAL AS PRINCIPALS ARE AS FOLLOWS:

IF THE BIDDER OR OTHER INTERESTED PERSON is a corporation, state legal name of corporation and state where incorporated, also names of the President, Secretary, Treasurer, and Manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, state first and last names in full.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 14 BIDDER’S BID IS BASED ON and includes the following Addenda issued: (Bidder must list all addenda issued by City, below, or Bidder’s bid may be rejected by the City as non-responsive.

LICENSED IN ACCORDANCE WITH THE CONTRACTORS' LICENSE LAW OF THE STATE OF CALIFORNIA (BUSINESS AND PROFESSIONS CODE) SECTION 7000 et seq. PROVIDING FOR

THE REGISTRATION OF CONTRACTORS,
License No.:

Sign Here:
(Printed or typed name of Bidder)
Dated:

NOTE: If the Bidder is a corporation or a co-partnership, the legal name of the firm shall be set forth above, together with the signature of the officer or partner authorized to sign contracts for the firm.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 15 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

BIDDER'S 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, hereinafter called CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Vallejo, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, administrators, and executors and successors, jointly and severally, firmly by these presents; in the sum of:
$

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, the Principal has submitted the above-mentioned bid to the City of Vallejo, for certain construction specifically described as follows, for which bids are to be opened at Vallejo, California, on May 31, 2022, for the:

In accordance with the Drawings and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the Vallejo City-Fleet Electric Vehicle Charging Stations Project. The work includes but is not limited to: Design and preparation of specifications and engineered plans for the proposed locations per City, PG&E, MCE and Industry standards and all applicable building and electrical codes; Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license; Installation of electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers; Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger material and equipment for a complete in place system; Installation of signage, pavement markings and restoration of existing conditions; Restoration of (1) parking spot to conform to ADA standards; Testing and commission of the EV charger stations; Installation and enabling for unlimited city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

NOW, THEREFORE, if the aforesaid Principal is awarded the contract and within the time and manner required under the Specifications, after the prescribed forms are presented to him/her for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with the City of Vallejo, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit including a reasonable attorney's fee to be fixed by Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 16 the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this __________________ day of _______________, 20_____.

Principal
Surety
Address:

NOTES:

1. Signature of those executing for the Surety must be properly acknowledged.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 17 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACTOR QUALIFICATIONS
This form must be completed, signed by Bidder, and submitted to City of Vallejo with Bidder’s bid.

Failure to complete, sign and submit with Bidder’s bid may result in Bidder’s bid being rejected as not responsive.

City has determined that Bidders must meet the following minimum qualifications to bid the work of improvement contemplated herein:

1. Have possessed a valid, active and in good standing, State of California Department of Consumer Affairs, Contractor’s License Board Classification A, for a minimum of five (5) continuous years prior to the date of bid opening.

2. Not have any pending disciplinary proceedings or investigations by the Contractors State License Board.

3. Have completed to the public owner’s satisfaction, no less than two (2) public works projects in the State of California, each with an original contract price of no less than $100,000 within the past five years prior to the date of bid opening.

4. Currently (as of the date of bid opening) or within the past five years, not have any suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting Bidder from bidding or performing other public works for any other public agency.

5. Have possessed a valid, active and in good standing, Electric Vehicle Infrastructure Training Program (EVITP) certification.

I, being the ______________________________ of Bidder herein, declare that Bidder meets all of the minimum criteria set forth above, and furthermore certify that at the time this bid is submitted, the Bidder is not identified on a list created pursuant to subdivision (b) of California Public Contract Code section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of section 2202.5, or as a person described in subdivision (b) of section 2202.5, as applicable. (Signature)
(Print Name)
(Date)
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 18 Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 19 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

DESIGNATION OF SUBCONTRACTORS
In compliance with the provisions of Section 4100 through 4114, inclusive, of the Public Contract Code, and any amendments thereto, each Bidder shall set forth in his or her bid, the name, California Contractors’ State License Board contractor’s license number, California DIR registration number and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent (0.5%)of the prime contractor's total bid, or ten thousand ($10,000) whichever is greater, and the dollar amount of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.

Prime Contractor Self Perform requirement is 50% (exclusive of specialty items). The Engineer may use the Designation of Subcontractors form to determine the percentage of Contract work amount performed by the Contractor.

SUBCONTRACTOR NAME LICENSE
NUMBER
DIR

REGISTRATION
NUMBER

LOCATION OF

BUSINESS

DESCRIPTION OF SUBCONTRACTED
WORK
NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100-4113 of the California Public Contract Code. If this form is incomplete or inaccurate, your bid may be rejected.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 20 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

DESIGNATION OF SUBCONTRACTORS

SUBCONTRACTOR NAME LICENSE
NUMBER
DIR

REGISTRATION
NUMBER

LOCATION OF

BUSINESS

DESCRIPTION OF SUBCONTRACTED
WORK
NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100 4113 of the California Public Contract Code. If this form is incomplete or inaccurate, your bid may be rejected.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 21 NONCOLLUSION AFFIDAVIT
(TO BE SIGNED BY BIDDER AND SUBMITTED WITH BID)
Pursuant to section 7106 of the Public Contract Code, the undersigned declares:

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________(date), at ____________ (City), _____________ (State).
(Signature)
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 22 Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 23 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

NONDISCRIMINATION CLAUSE
Contractor shall refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation of any employee of, or applicant for employment with, Contractor.

Contractor further agrees as follows:
(a) That the Contractor shall not because of the race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ any person, or to bar or discharge any person from employment, or to discriminate against any person in compensation, or in the terms, conditions, or privileges of employment, and every employee shall receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions, or other privileges of employment without regard to his race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation.
(b) That the Contractor shall post in conspicuous places where they may be seen by every employee or applicant for employment notices, in such form as shall be prescribed by the City Manager, the provisions set forth above.
(c) That the Contractor shall in all solicitations or advertisements for employment applications include in such solicitation or advertisement language which will reasonably convey notice that every qualified applicant will receive consideration for employment without regard to his race religious creed, color, sex, national origin, or ancestry, disability, medical condition, age, marital status or sexual orientation.
(d) That the Contractor shall give written notice, in such form as shall be prescribed by the City Manager, of the Contractor's commitments under this contract to any labor union or employee association with which the Contractor has a collective bargaining contract, or other employer - employee labor agreement or understanding." Contractor shall include the provisions of this Nondiscrimination Clause in every subcontract, including subcontracts for the provision of materials or equipment.

By submitting a bid, the Contractor agrees to comply with all the non-discrimination provisions contained in the Vallejo Municipal Code.

Bidder’s Signature Date
Vallejo City-Fleet Electric Charging Stations Project
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 24 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACT
FOR
Vallejo City-Fleet Electric Vehicle Charging Stations Project THIS CONTRACT (“Contract”) made and concluded in duplicate this _____ day of ________________, 20___, 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 __________________, 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; 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; and,
WHEREAS, Contractor was the lowest responsible Bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible Bidder for the work and award 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
The work to be done includes: In accordance with the Drawings and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the design and construction and completion of the Vallejo City-Fleet Electric Vehicle Charging Stations Project. The work includes but is not limited to: Design and preparation of specifications and engineered plans for the proposed locations per City, PG&E, MCE, and Industry standards and all applicable building and electrical codes; Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license; Installation of electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers; Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 25 material and equipment for a complete in place system; Installation of signage, pavement markings and restoration of existing conditions; Restoration of (1) parking spot to conform to ADA standards; Testing and commission of the EV charger stations; Installation and enabling for city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

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) Notice to Contractors;
(b) Instructions to Bidders;
(c) Contract and exhibits thereto;
(d) Drawings;
(e) Specifications and Special Provisions;
(f) Change Orders;
(g) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(h) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(i) 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 Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 26 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 ON FOLLOWING PAGE]
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 27 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CITY OF VALLEJO,
a municipal corporation
CONTRACTOR:

By: By:

Mike Malone, Interim City Manager [Signature of Authorized Agent] Attest: Print Name:

By: Print Title:

Dawn G. Abrahamson, City Clerk
Approved as to Content:

By: (City Seal)
Melissa Tigbao, Acting Public Works Director
Approved as to Form:

By:
(Corporate Seal)
Veronica Nebb
City Attorney
Approved as to Insurance:

By:

Armond Sarkis
Interim Risk Manager
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 28 EXHIBIT A
[BID SHEET TO BE INSERTED]
Bond Number: _____________________
Premium: _____________________

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, ________________________, as Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of ____________________ Dollars ($________________), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided.

WHEREAS, that the Principal has entered into a contract with said City for the construction of:

Vallejo City-Fleet Electric Vehicle Charging Stations 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
Faithful Performance Bond

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 30 SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone No.: 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 Nebb
City Attorney
Bond Number: _____________________
Premium: _____________________

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that 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:

Vallejo City-Fleet Electric Vehicle Charging Stations 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, the Principal, and _____________________, as Surety, are held and 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.

Payment (Labor and Materials) Bond

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 32 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 No.: 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 Nebb
City Attorney
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 33 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACTOR QUALIFICATION QUESTIONNAIRE
If requested by City, Bidder agrees to complete, sign and return this Contractor Qualification Questionnaire, including all required supporting documentation, within five (5) days of being requested by City. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, or return it to the City within five (5) days of City’s request, Bidder will not be considered for award of the contract, and further, Bidder agrees that the City of Vallejo may award the work to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all of the City's costs, damages, expenses and liabilities.

Bidder shall fully and completely answer each question set forth below. If necessary attach additional sheets. Print or type each response. If your response to any question is "no" or "none," you must state "no" or "none." "Not applicable" or other similar response will not be accepted.

1. State the full legal name of the Bidder.

2. State the nature of the Bidder's business entity. (Sole proprietorship, joint venture, partnership, corporation, or other [describe]).

3. State the name and address of each person or other legal entity, which has a legal or equitable ownership of ten percent (10%) or more of the Bidder. For each such person or legal entity, state that person or entity's ownership interest, title and responsibilities, if any.

4. Has any person or legal entity holding a legal or equitable ownership of the Bidder, ever been accused of a civil violation of California Government Code section 12650, et seq., (False Claims Act)? If so, describe in detail all facts, circumstances and the outcome.

5. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder, ever been determined by a public agency to not be a responsible Bidder? If so, state the name, address and telephone number of the public agency, including the name of the agencies' contact person.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 34 6. State the Bidder's contractor's license number.

7. State the date Bidder first began business.

8. State any other names that Bidder has used or done business under in the past five (5) years.

9. Describe in general, Bidder's experience with EV Charger Design and Installation.

10. Has bidders ever failed to complete a construction contract?

11. Has Bidder's control over a work of improvement, ever been terminated?

12. For each similar type project that Bidder has furnished labor, services, materials or equipment in the past five years, state: the name of each project; the contract amount for each project; the name, address and telephone number of the owner and owner's representative, for each project; and a general description of the work performed by Bidder on each project.

13. For every public work of improvement upon which Bidder has furnished labor, services, materials or equipment in the past five years, whether completed or not, for which the Bidder's original contract was greater than $1,000,000, but not more than $5,000,000, state the name, address and telephone number of the owner and principal designer (architect or engineer).

14. For every lawsuit or arbitration between Bidder and the owner of any work of improvement, limited to such lawsuits or arbitrations initiated or completed within the past five (5) years, state the name and address of the tribunal, the matter number, the parties, a general description of the nature of the dispute, and the outcome, if any.

15. Has Bidder ever been charged with a felony? If so, describe in detail all facts, circumstances and the outcome, furnishing the name and address of the court in which the charge(s) were filed, including the matter name and case number.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 35 16. Has anyone ever alleged that Bidder violated California Government Code section 12650, et seq., (False Claims Act)? If so, describe in detail all facts, circumstances and the outcome.

17. Has Bidder ever been accused of presenting false claims to a public agency or public owner, as such claims are defined in California Government Code section 12650, et seq, or 31 United States Code section 3729, et seq.?

18. Has any public agency ever determined or ruled that Bidder is not a responsible Bidder? If so, state the name, address and telephone number of the public agency, including the name of the agencies' contact person.

19. Has any public agency ever issued a letter, ruling or determination debarring Bidder or anyone holding a legal or equitable interest in Bidder, from bidding public works? (This includes debarments that are simultaneously or subsequently suspended, revoked or withdrawn.)

20. Has Bidder ever entered into an agreement with any public agency, to not bid work for that public agency?

21. Within the past seven (7) years, has Bidder ever failed to complete a public works construction project, within the time allowed by the contract, plus written agreed upon contract time extensions? If so, state the name, address and telephone number of the owner of such public works construction project including the name of the agencies' contact person, and further, describe in detail the nature of the work of improvement.

22. Has any surety ever paid or satisfied any claim on behalf of Bidder?

23. Has any surety ever undertaken or been called upon to complete any project of Bidder?

24. For each project or work of improvement that Bidder is either (a) currently furnishing labor, services, materials or goods, or (b) under contract to furnish labor, services, materials or goods, state: A general description of the project; the current status of the project and Bidder's work thereon; the owner's name, address and telephone number; the amount of Bidder's contract on such project.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 36 25. State Bidder's annual gross sales for each of the last five fiscal years.

26. If requested by City (as indicated below) attach a current financial statement. As used herein, "current financial statement" means a balance sheet and profit and loss statement prepared and presented in a format that complies with Generally Accepted Accounting Principles (GAAP), covering a period of time that is no less than the most recent fiscal year for Bidder. If Bidder's most recent fiscal year ended more than six (6) months prior to the date when the Contract Documents require this Contractor Qualification Questionnaire be completed and returned to City, then "current financial statement" shall also include an interim balance sheet and profit and loss statement covering the period of time from the end of Bidder's most recent fiscal year to a period of time no greater than sixty (60) days prior to the date when the Contract Documents require this Contractor Qualification Questionnaire be completed and returned to City.

CONTRACTOR MUST FURNISH: ☒ YES ☐ NO

27. The following certification must be signed by an owner, general partner, or officer of Bidder.

I 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 CONTRACTOR QUALIFICATION QUESTIONNAIRE AND

ATTACHMENTS, IF ANY, AND KNOW ITS CONTENTS, AND SAID CONTRACTOR

QUALIFICATION QUESTIONNAIRE AND ATTACHMENTS, IF ANY, ARE TRUTHFUL, COMPLETE AND ACCURATE; AND CITY OF VALLEJO MAY RELY UPON THE CONTENTS AS BEING TRUTHFUL, COMPLETE AND ACCURATE; 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.

EXECUTED ON THE DATE INDICATED BELOW, AT THE LOCATION INDICATED BELOW.

Dated: Bidder
By:
(Printed name of signor)
(Title of signor)
Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 37 CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION
CONTRACT CHANGE ORDER NO.: ____________________ DATE: ________ TO:

PROJECT: Vallejo City-Fleet Electric Vehicle Charging Stations 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 drawings, Sheet No.
or other drawings 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 under-absorbed 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.

Vallejo City-Fleet Electric Charging Stations Project (PW 9408) 38 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:

(Name and Title)
City: Date:
(City Engineer)
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SECTION A - SPECIAL PROVISIONS

1. Location of Work –
Corporation Yard located at 111 Amador Street, Vallejo, CA 94590 The Fleming Hill Water Treatment Plant located at 202 Fleming Hill Road, Vallejo, CA 94589

2. Scope of Work - In accordance with the Drawings and Specifications, the work includes furnishing all labor, materials, tax, equipment, incidentals and services for the design and construction and completion of the Vallejo City-Fleet Electric Vehicle Charging Stations Project. The work includes but is not limited to: Design and preparation of specifications and engineered stamped plans for the proposed locations per City, PG&E, MCE, and Industry standards and all applicable building and electrical codes; Securing and complying with City Encroachment and Building permits and obtaining and renewing annually, a City Business license; Installation of electrical conduits, breakers, transformer, subpanel, and electric connection to supply power for the complete installation and operation of the EV chargers; Furnishing Chargepoint CPF50 Chargers or approved equal, EV charger material and equipment for a complete in place system; Installation of signage, pavement markings and restoration of existing conditions; Restoration of (1) parking spot to conform to ADA standards; Testing and commission of the EV charger stations; Installation and enabling for city fleet access and power sharing between the chargers; Providing timely maintenance services and customer support for a period of three years from the date the City accepts the project as complete.

3. Pre-Construction Conference - The Contractor, 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 A-2
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.

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.

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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section_A_PW 9408 Final.docx
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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 insure 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.

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 Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the 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.

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 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
Nm — 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.

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Symbol Used Definitions
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.

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1-1.07 BIDDER
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
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A temporary route for traffic around a closed portion of a road. 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.

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1-1.24 HIGHWAY
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.

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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

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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.

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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.

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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unlooked-for developments may not occur, or that materials other than, or in proportions 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.

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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)

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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.

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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.

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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.

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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.

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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

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Specifications and the project drawings. The specific shall control over the general.

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.

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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 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
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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 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

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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.

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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 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.

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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.

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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.

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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.

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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
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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.

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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

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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
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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:

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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

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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

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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.

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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.

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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 in which the worker is employed for any public work done under the Contract by the H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 subcontractor on that public works project to pay workers the general prevailing rate of

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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.

The City of Vallejo will not recognize any claim for additional compensation because of

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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 Division of Labor Standards Enforcement, these penalties shall be withheld from

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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."

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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, and 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 apprentice- training 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 information to the local applicable joint apprenticeship committee. The award H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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information must include:
 an estimate of the journeyman hours;
 the number of apprentices to be employed; and
 te 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 public works contract for a period of up to one year for the first violation and up to

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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.

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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 Contractor shall also conform to the following requirements:

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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 drain system. BMPs also include the construction of some facilities that may be required

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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.

7-1.01G(5) REFERENCE PUBLICATIONS

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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.

3. The Contractor is reminded that storage and disposal of all hazardous materials

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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.

e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system.

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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 methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle

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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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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.
7-1.01J ASSIGNMENT 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 assignor shall be entitled to receive reimbursement for actual legal costs incurred and

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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.

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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.

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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.

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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.

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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 pre- construction 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.

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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.

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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.

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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.

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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,

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"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.

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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: $1,000,000 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:

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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.”
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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.

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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 shall not be construed to relieve the Contractor for liability in excess of such coverage, H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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."
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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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

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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.

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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.

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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

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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
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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.

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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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.

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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.

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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."
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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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($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

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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.

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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;
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B. A Scale Service Agency; or
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.

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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 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.

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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 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.

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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 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.

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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 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,

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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)

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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 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

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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.

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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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 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:

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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."

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.

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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 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.

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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, "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 H:\ENGR\CIP\9408 EV Charging-Parking Structure\2 - Fleming Hill and Corp Yard\05 - RFP Design\01 - Advertisement\Section B_PW 9408.docx
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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.