Vallejo City Council
August 5, 2024

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. Resolution Approving VCAT ARPA Grant Agreement_CAO Stamp

2. ARPA-Grant-Agreement-VCAT_CAO Stamp

CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]

RESOLUTION NO. 24-_____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING AN AMERICAN RESCUE PLAN ACT (ARPA) AGREEMENT WITH VALLEJO COMMUNITY ACCESS TELEVISION IN THE AMOUNT OF $92,500 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, Vallejo Community Access Television is a nonprofit public, education, and government (“PEG”) operator; and
WHEREAS, Vallejo Community Access Television (VCAT) has operated PEG Channel 27 since 2005; and
WHEREAS, VCAT relies on memberships and grants to sustain its normal operation. During the COVID-19 pandemic, VCAT’s membership dropped significantly, and its normal operations came to a halt; and
WHEREAS, the City of Vallejo wishes to provide $92,500 in grant funding from its American Rescue Plan Act allocation to ensure VCAT stays operational and attains its full potential.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an American Rescue Plan Act (ARPA) Grant Agreement in the amount of $92,500 and authorizing the City Manager to execute same.

Adopted by the City Council of the City of Vallejo at a regular meeting held on August 5, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

1 City of Vallejo ARPA Fund Grant Agreement
This AMERICAN RESCUE PLAN ACT (“ARPA”) FUND GRANT AGREEMENT ("Agreement") is made at Vallejo, California, dated for reference this 6th day of August 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Vallejo Community Access Television, a nonprofit public benefit corporation, hereinafter referred to as “Grantee.” Recitals
Whereas, Grantee is a nonprofit public benefit corporation that utilizes a community access broadcast studio on the Jesse Bethel High School campus with student and community volunteers to provide content for and organizes broadcast on the public portion of the City’s PEG channels for the City of Vallejo; and
Whereas, Grantee relies on memberships and grants to fund its operations; and Whereas, during the COVID-19 pandemic, Grantee experienced a drop in membership as its activities came to a halt; and
Whereas, the City wishes to provide financial assistance to Grantee to continue its operations, subject to the terms and conditions of this Agreement; and Whereas, the parties intend for the City to procure new equipment for the purposes of content development and broadcast which equipment will be under City ownership to be available for the non-exclusive use by Grantee in an amount not to exceed $282,500. The specifics of such equipment and the terms and conditions of the use thereof will be governed by a separate PEG Agreement.

Agreement

1. Term. This Agreement takes effect as of the Effective Date and terminates on September 30, 2025, unless terminated earlier as set forth in Section 5, below.

2. Disbursement of Funds. The City shall disburse to the Grantee the sum of $92,500.00.

3. Authorized Uses. The following terms apply to the Grantee’s activities and expenditures related to this Agreement:
(a)The Grantee may use the funds for purposes related solely to offset the negative impact associated with the Covid 19 Pandemic. Grantee has provided public access and government programming operations that were affected by the Covid 19 Pandemic.

Grantee has proposed re-establishing these operations as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference and for no other purpose (“Authorized Activities”). Under no circumstances shall Grantee expend any portion of the Grant Award for religious or political purposes or for any other purpose prohibited under law, including but not limited to promoting or inhibiting religion in

2 general or any religion in particular, conveying a religious message, or advocating for or against a political candidate or ballot measure. (b)The Grantee shall not use the ARPA funds to supplant funding provided by the City to the Grantee under any other agreement.
(c)If the Grantee has received ARPA funds from any other entity or has received other federal funds (e.g., Coronavirus Relief Act funds, payroll protection act loan, etc.), Grantee shall not use the ARPA funds awarded pursuant to this Agreement to pay for direct or indirect costs already covered by the other federal funds or ARPA payments.

4. Books and Records. During the term of this Agreement and for five years after the termination or expiration of this Agreement, the Grantee shall keep appropriate books, records, and accounts in connection with the ARPA funds and activities performed under this Agreement and is subject to the following:
(a)The Grantee shall maintain all records related to this Agreement in accordance with generally accepted accounting practices, including the following records: (i) budget records for all fiscal years covered by this Agreement; (ii) receipts of purchases made related to this Agreement; and (iii) contracts entered into using ARPA funds, if any, and all documents related to such contracts;
(b)The Grantee shall make its books, records, and accounts that relate to this Agreement, available to the City’s Finance Director, the City Auditor, and any independent auditor at all reasonable times so that the Finance Director, City Auditor, or an independent auditor may determine whether the Grantee has complied with this Agreement. (c)Upon demand by the City, given in accordance with Section 6 the Grantee shall reimburse the City for all ARPA funds that the Finance Director, City Auditor, or an independent auditor determines were expended for activities other than Authorized Activities in accordance with this Agreement, with reimbursement to be by check payable to the City and delivered to the City at the address shown in Section 6.

5. Termination. The City may terminate this Agreement if the City Manager determines that:
(a)The Grantee has failed to perform, or has performed unsatisfactorily, any term of this Agreement, including failing to use the ARPA funds solely for Authorized Activities; or (b)The Grantee has made (with or without knowledge) any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this Agreement.

6. Notices. Any notice, request, report, or demand under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 6 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be effective or will be considered to have been given on the third calendar day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be effective or will be considered properly given when actually delivered. Any party may 3 change its address for these purposes by giving written notice of the change to the other party in the manner provided in this Section.

If to the City:

City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Attention: Naveed Ashraf
Chief Innovation Officer
If to the Grantee:

Vallejo Community Access Television
1800 Ascot Parkway, Room H-100
(707) 642-8228
[email protected]
Attention: Sherry Prewitt,
Executive Director

7. Effective Date. This Agreement is effective on the date that all parties have signed it, as indicated by the dates in the signature blocks below.

8. Indemnity. The Grantee shall defend, hold harmless and indemnify the City, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the direct supervision and control of the Grantee.

9. Insurance. During the term of this Agreement, the Grantee shall maintain insurance coverage as follows:
(a)Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and completed operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy must provide contractual liability and products and 4 completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation. (b)The minimum limits of insurance required by Section 9(a) may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it. (c)The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Grantee and its subcontractors; products and completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors.
(d)The policies must contain, or be endorsed to contain, the following provisions:
(1)Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it. (2)Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers. (3)Coverage must state that Grantee’s insurance 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.
(e)The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms.
(f)Insurance must be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms, or other variations that do not comply with the requirements of this Section 9 must be declared to and approved by the City in writing prior to execution of this Agreement.
(g)The Grantee shall furnish the City with certificates evidencing the insurance required.

The certificates must be forwarded to the City’s Risk Manager. Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(h)The City may withdraw its offer of contract or terminate this Agreement if the certificates of insurance required have not been provided prior to execution of this Agreement. The City may withhold payments to the Grantee or terminate the agreement if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this Section 9. (i)Any available insurance proceeds in excess of the specified minimum limits and 5 coverages must be made available to the City.
(j)The Grantee’s liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this Agreement.

10. Conflicts of Interest. The Grantee, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders the Grantee’s performance under this Agreement.

11. Miscellaneous.
(a)Assignment. The Grantee may not assign or otherwise transfer this Agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 11(a) is void.
(b)Successors and Assigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 11(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in this Agreement. (c)Interpretation. This Agreement is to be interpreted and applied in accordance with California law.
(d)Waiver of Breach. A party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party. (e)Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
(f)Counterparts. The parties may sign this Agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
(g)Time of Essence. Time is of the essence in performing this Agreement. (h)Authority to Sign. The person signing this Agreement on Grantee’s behalf represents that he or she is authorized to do so and that no further action beyond his or her signature is required to bind Grantee to this Agreement. City shall have no obligations whatsoever under this Agreement, unless and until this Agreement is executed by the City Manager or the City Manager’s authorized designee. 6 (i)Compliance with all Laws, Requirements, and Orders. The Grantee shall comply with all applicable laws, regulations, orders of public officials, and requirements in connection with this Agreement, including all non-discrimination and equal opportunity laws to ensure that Grantee does not deny benefits or services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity). (j)Tax Implications and Consequences. The City makes no representations as to the tax consequences associated with the disbursement of ARPA funds related to this Agreement, and any determination related to this issue is the sole responsibility of the Grantee. Grantee acknowledges consulting with its own tax advisors or tax attorneys regarding this transaction or having had an opportunity to do so prior to signing this Agreement. Grantee acknowledges the City cannot provide advice regarding the tax consequences or implications of the ARPA funds disbursed to Grantee under the terms of this Agreement.
(k)Integration and Modification. This Agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(Signature Page Follows)
7 VALLEJO COMMUNITY ACCESS
TELEVISION, a California nonprofit public
benefit corporation
By:

Sherry Prewitt
Executive Director
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Andrew Murray
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
8 EXHIBIT A

SCOPE OF WORK
•Maintain 24/7 broadcasting programs on Comcast and AT&T •Provide diverse and cultural programs in all programming areas in Educational, School Sports, Community, Spiritual/Religious and Arts/Entertainment •Maintain the Community Calendar/Bulletin Board (aired 24/7 in between shows) to publicize events, public meeting information, city and county public information and non-profit organization bulletins
•Implement new programs for the educational channel, working with VCUSD •Film major events community events for the City of Vallejo (July 4 th parade & Festival, Waterfront Festival, and Mad Hatter Holiday parade) •Continued partnership and participation with Kids in Film Festival •Air prerecorded School Board meetings
•Air City meetings per request and other public meetings deemed vital by City •Staffing for administration/technical management
•Provide training classes for media production (TV production, interviewing, editing, podcasting, drones, etc.)
•Archive 25 years of media records (scanning, documenting, transferring to hard drives) during the Term of this agreementon or before September 30, 2025 CONSENT CALENDAR 7.G.

DATE: August 5, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING EQUIPMENT PURCHASE AGREEMENT WITH LINKED EQUIPMENT, LLC IN THE AMOUNT OF $255,000 FOR TWO PREFABRICATED

RESTROOM AND SHOWER FACILITY UNITS FOR THE HOMELESS NAVIGATION CENTER LOCATED AT 1937 BROADWAY STREET

RECOMMENDATION
Adopt a Resolution approving an equipment purchase agreement with Linked Equipment LLC in the amount of $255,000.00 for two prefabricated restroom and shower facility units for the Homeless Navigation Center located at 1937 Broadway.

REASONS FOR RECOMMENDATION
The Vallejo Navigation Center will consist of four manufactured buildings: two Sprung structures, one that will be used as a dormitory and the other as a social services center, and two restrooms. The two fully equipped restroom and shower units manufactured from re-engineered shipping containers will be purchased from Linked Equipment, LLC, at a cost of $255,000.00.

A prior purchase agreement with Linked Equipment, LLC, was executed while design was underway for the previous Navigation Center site location at 5 Solano Way. That contract expired after the project site location was deemed inadequate and before the purchase of the new location at 1937 Broadway Street was complete.

Due to inflation, changes in the building code, and escalation in prices for materials and transportation, staff had to renegotiate the price of the units with the vendor. Linked Equipment, LLC, has engineered and manufactured units for the Sacramento Navigation Center and other Bay Area shelter sites.

BACKGROUND AND DISCUSSION
In May 2019, the City Council authorized staff to proceed with developing plans for a Navigation Center.

Mirrored after other successful models, Vallejo's Navigation Center will provide the City's unhoused residents with access to vital services, including temporary housing, which will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs, and income.

On May 17, 2021, the Planning Commission adopted a Resolution finding the Navigation Center Project (Project) to be in conformance with the City's General Plan.

On November 1, 2022, the City Council authorized the purchase of 1937 Broadway Street, a 1.15 acre vacant site, to serve as the location of the Project. The property meets the general suitability requirements for the Project’s use. The property is located on a major arterial road, with reasonable and safe public access, and within 0.25 miles of major public transit and 0.75 miles of a major medical facility. Adequate electrical, water, sewer, and storm drainage connections are available to serve the site.

The Project includes the installation of two prefabricated “tensioned fabric structures” with aluminum substructures, manufactured by Sprung Structures, Inc. One structure will provide 125 shelter beds. The other structure will serve as a community space that will provide for dining and food preparation, counseling,

Date: August 5, 2024
Subject: ADOPT A RESOLUTION APPROVING EQUIPMENT PURCHASE AGREEMENT WITH LINKED EQUIPMENT, LLC IN THE AMOUNT OF $255,000 FOR TWO

PREFABRICATED RESTROOM AND SHOWER FACILITY UNITS FOR THE HOMELESS NAVIGATION CENTER LOCATED AT 1937 BROADWAY STREET

meetings with service providers, medical and dental treatments, access to job training, and assistance with identifying permanent housing. The Project also includes eight dog kennels, on-site parking, a vegetable garden, outdoor recreational space with seating, and two restroom/shower facility units.

On February 6, 2024, Council awarded the Navigation Center construction contract to G&G Builders and construction has been underway since April. The construction contract includes the installation of the two restroom and shower units that will be manufactured by Linked Equipment, LLC. The restroom and shower units are fabricated using 45’ re-purposed shipping containers designed and engineered to meet city and state building codes as well as conform to California building standards and meet ADA accessibility requirements.

Staff recommends the approval of the purchase agreement with Linked Structures, LLC, in the amount of $255,000.00. Approving this purchase agreement will ensure timely delivery of the shower and restroom buildings by October 2024, and maintain the overall project schedule.

FISCAL IMPACT
Funding for this project has been allocated through several State grants and the adopted FY 2023-24 Capital Improvement Program. There is no direct impact to the General Fund.

ENVIRONMENTAL REVIEW
This project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268, which provide for ministerial approval of a Low Barrier Navigation Center.

ATTACHMENTS

1. RESO Approving Equipment Purchase Agreement_ Linked Equipment_CAO Stamp

2. Equipment Purchase Agreement_Linked_CAO Stamp

CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]

RESOLUTION NO. 24-______ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN EQUIPMENT PURCHASE AGREEMENT IN THE AMOUNT OF $255,000

WITH LINKED EQUIPMENT, LLC FOR TWO PREFABRICATED RESTROOM AND SHOWER

FACILITY UNITS FOR THE HOMELESS NAVIGATION CENTER
LOCATED AT 1937 BROADWAY STREET
WHEREAS, in May 2019, the City Council authorized staff to proceed with developing plans for a Navigation Center to provide the City's unhoused residents with access to vital services, including temporary housing, which will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs, and income; and
WHEREAS, on November 1, 2022, the City Council authorized the purchase of 1937 Broadway Street, a 1.15 acre vacant site, to serve as the location of the Project; and WHEREAS, the Project includes installing four manufactured buildings: two Sprung structures, one that will be used as a dormitory and the other as a social services center, and two restroom/shower facility units; and
WHEREAS, the two restroom and shower facility units will be manufactured off-site by Linked Equipment, LLC, using 45’ re-purposed shipping containers designed and engineered to meet city and state building codes as well as conform to California building standards and meet ADA accessibility requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Equipment Purchase Agreement between the City of Vallejo and Linked Equipment, Inc. in the amount of $255,000.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, with any modifications recommended by City Attorney, and the City Clerk to attest to its signing.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on August 6, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST

ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 1

EQUIPMENT PURCHASE AGREEMENT

This Equipment Purchase Agreement ("Agreement") is made at Vallejo, California, dated for reference this ______ day of August 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Linked Equipment, LLC, an Arizona limited liability company, hereinafter referred to as “Vendor,“ who agree as follows:

1. Products. Subject to the terms and conditions set forth in this Agreement, Vendor shall provide the City products as specified in Exhibit A, entitled “Equipment.”

2. Payment. City shall pay Vendor for materials 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 materials 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 products 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, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever ar ising out of or in connection with Vendor’s operations, or any subcontractor’s operations, to be performed under this agreement for Vendor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury inc luding, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Vendor, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

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

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

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 2

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 materials 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 of 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 Vendor shall disclose such conflict in writing to City.

8. Licences, Permits, Etc. Vendor represents and warrants to City that all Vendor materials shall be provided by a person or persons duly licensed by the State of California to provide the type of materials to be performed under this Agreement.

9. Business License. Vendor, and its sub contractors, has obtained or agrees to apply prior to performing any materials 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.

10. Standard of Performance. Vendor shall provide all materials required pursuant to this Agreement in accordance with generally accepted 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 re sponsible 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.

11. 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

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 3

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 materials, 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 th e schedule.

12. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

13. Term. The term of this Agreement shall commence upon issuance of purchase order and shall continue in full force and effect until June 30, 2025.

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 materials supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

14. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate this Agreement by giving notice to Vendor.

Upon receipt of a notice of termination, Vendor shall provide not materials 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 materials performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all materials 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 materials performed shall be based on an amount mutually agreed to by City and Vendor for the portion of work completed in conformance with this Agreement before the date of termination. 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.

15. Assignment and Subcontracting. Vendor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 4

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

17. Non-Discrimination/Fair Employment Practices. 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, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

Vendor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

18. 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 Stat es Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melissa Tigbao
PW Director
City Hall
Fourth Floor, 555 Santa Clara St.

Vallejo, CA 94590

If to Vendor: Mark Pike
President
3454 East Illini Street
Phoenix, AZ 85040

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.

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 5

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

25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining pr ovisions shall survive and be enforceable.

26. 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 sha ll 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.

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

28. Ambiguity. The parties acknowledge that this is a negotiated a greement, 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.

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

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpret ation of this Agreement.

31. Compliance with Laws. Vendor will comply with all statutes, regulations and ordinances in the performance of all materials under this Agreement.

32. 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.

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 6

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

34. 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.

35. 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 he r signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

36. 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.

37. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Equipment,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

[SIGNATURES ON FOLLOWING PAGE]

Equipment Purchase Agreement (Rev. 2017)
Linked Equipment, LLC 7

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

Linked Equipment, LLC
an Arizona limited liability company

By:

Mark Pike
President

DATE: ____________________

Vallejo Business License No.

(City Seal)

CITY OF VALLEJO,
a municipal corporation

By:________________________
Andrew Murray
City Manager

DATE:

ATTEST:

By:________________________
Dawn G. Abrahamson
City Clerk

APPROVED AS TO FORM :

Veronica A. F. Nebb
City Attorney

APPROVED AS TO
INSURANCE:

Armond Sarkis
Risk Manager

Equipment Purchase Agreement (Rev. 2017) Page 1 of 3
Exhibit A

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EXHIBIT A

EQUIPMENT

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

Melissa Tigbao
Public Works Director
555 Santa Clara Street
Vallejo, CA 94590

The Consultant’s Representative for this Agreement is:

Mark Pike
President
3454 East Illini Street
Phoenix, AZ 85040

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 Consultant Representative and City’s Representative.

2. Equipment to be Provided. The equipment provided shall be:

Two (2) restroom and shower units, each fabricated using a 45’ re-purposed shipping container designed and engineered to meet city and state building codes as well as conform to California building standards . Each unit shall be equipped with the materials and constructed per the plans shown in Exhibit A, Attachment

1. Equipment Purchase Agreement (Rev. 2017) Page 2 of 3 Exhibit A

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EXHIBIT A, ATTACHMENT 1

Equipment Purchase Agreement (Rev. 2017) Page 3 of 3
Exhibit A

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Equipment Purchase Agreement (Rev. 2017) Page 1 of 6
Exhibit B

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Equipment Purchase Agreement (Rev. 2017) Page 2 of 6
Exhibit B

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Equipment Purchase Agreement (Rev. 2017) Page 3 of 6
Exhibit B

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Equipment Purchase Agreement (Rev. 2017) Page 4 of 6
Exhibit B

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Equipment Purchase Agreement (Rev. 2017) Page 5 of 6
Exhibit B

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EXHIBIT B

Compensation

1. Vendor’s Compensation. City agrees to pay Vendorfor those products set forth in Exhibit A of this A greement, including delivery, for a total not to exceed Two Hundred Fifty-Five Thousand dollars ($255,000.00).

2. Invoicing. Invoices must be itemized as to quantity and description. In addition, invoices must show the name of the department, division, or section to which the material was delivered, and the City of Vallejo Purchase Order Number.

Invoices shall be emailed to: [email protected]

All delivery tickets must have a description of the commodity delivered. Delivery tickets and packing slips will contain the same information as the invoice. All pack slips and delivery tickets must include the receiving employee signature and printed name.

All prices shall be F.O.B. destination, address 1937 Broadway, City of Vallejo.

3. Payment. Payment is due as follows:
 60% down payment prior to start of build to put unit into build queue  40% at time of shipment of completed unit

Request for payment shall be sent to:

Melissa Tigbao
Public Works Director
555 Santa Clara Street
Vallejo, CA 94590

4. Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all materials hereunder, all records under this A greement, including, but not limited to, records of Vendor’s direct salary costs for all Materials and Additional Materials 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.

Equipment Purchase Agreement (Rev. 2017) Page 6 of 6
Exhibit B

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

5. 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.

6. 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.

Equipment Purchase Agreement (Rev. 2017) Page 1 of 2
Exhibit C

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

A. General Liability: $ 1,000,000 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.

2. 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.

3. Other Insurance Provisions.

A. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to the equipment provided pursuant to this Agreement , the Vendor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the 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 insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Equipment Purchase Agreement (Rev. 2017) Page 2 of 2
Exhibit C

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E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspe nded, 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.

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

5. 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.

6. Subcontractors. Vendor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for sub contractors shall be subject to all of the requirements stated herein.

7. 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.

ACTION ITEM 8.A.

DATE: August 5, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE BUSINESS PORTION

OF THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE

RECOMMENDATION
By motion, designate a City of Vallejo voting delegate and voting alternate for the business portion of the Annual League of California Cities Conference.

REASONS FOR RECOMMENDATION
The League of California Cities' Annual Conference is scheduled for October 16-18 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for noon on Friday, October 18 at the Long Beach Convention Center.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

BACKGROUND AND DISCUSSION
The League of California Cities' 2024 Annual Conference is scheduled for October 16-18 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting scheduled for Friday, October 18 at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. The voting policy for the League of California Cities states that each member city has a right to cast one vote on matters pertaining to League policy. Each city must designate a voting delegate and up to two alternates to cast votes during the League meeting. This action must be taken by the City Council, and the voting delegate form returned to the League's office by September 25, 2024.

FISCAL IMPACT
Voting delegates are expected to travel to the city of Sacramento to participate in the conference. Pursuant to the City Council's Travel and Expense Policy (2008), actual travel expenses are reimbursable when submitted in accordance with the policy.

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. 2024 Cal Cities Voting Delegate Information Packet

CONTACT

Date: August 5, 2024
Subject: DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE BUSINESS PORTION

OF THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE

Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

ACTION ITEM 8.B.

DATE: August 5, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE CITYWIDE SLURRY SEAL PROJECT (PROJECT NO. PW9745) AFTER FINDING

THE PROJECT STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT

TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301(c) - EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,814,834.25, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving project plans and specifications for the Citywide Slurry Seal Project (Project No.

PW9745) after finding the project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing Facilities, awarding a construction contract to Pavement Coatings Co. in the amount of $1,814,834.25, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Public Works advertised a Request for Bids to construct the Citywide Slurry Seal Project. Staff determined that Pavement Coatings Co. of Sacramento, California, is the lowest responsive and responsible bidder, and recommend awarding a construction contract in the amount of $1,814,834.25 to said bidder.

BACKGROUND AND DISCUSSION
The Metropolitan Transportation Commission’s (MTC) Pavement Management Technical Assistance Program (P-TAP) uses federal dollars to assist Bay Area cities and counties with their pavement programs. MTC provides a pavement engineering consultant to prepare a pavement conditions report for interested cities. In April 2022, Pavement Engineering, Inc., assigned to Vallejo by MTC, provided said report.

Cities typically alternate each year with the following pavement treatments: slurry seal / micro-surfacing and “grind and overlay.” The type of treatment selected is based on the pavement condition index (PCI) for each street segment as provided in the pavement conditions report.

On June 27, 2023, the City Council approved the Citywide Slurry Seal Project, Project No. PW9745 (Project).

The selection of the streets to be treated was data-driven by their PCI. Additionally, staff ensured that the Project would reasonably include streets across the city to maximize the number of residents that could benefit from newly paved streets. See Location Map (Exhibit G) and List of Streets (Exhibit H).

The scope of work for the Project includes, but is not limited to the following:
• Pavement maintenance of existing roadways by the placement of slurry seal. • Adjusting manholes, survey monuments, and utility covers. • Removing and replacing pavement striping, markings and markers. • Traffic control.

Date: August 5, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE CITYWIDE SLURRY SEAL PROJECT (PROJECT NO. PW9745) AFTER

FINDING THE PROJECT STATUTORILY EXEMPT FROM ENVIRONMENTAL

REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301(c) - EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,814,834.25, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

• All appurtenant work required to complete the project in accordance with the city-approved plans, specifications and associated contract documents.

Alternate bidding is a technique used by public agencies to achieve the maximum project scope within an available budget. Under this procedure, the agency defines its critical project scope as the “base bid” and defines additional scope as “alternate(s).” The agency further determines the basis for determining the lowest bidder. For example, it may choose to select the lowest bidder based on the lowest base bid or lowest base bid plus one or more alternates or one of other ways, as identified in Public Contract Code Section 20103.8.

One (1) alternate bid was identified for the Project:
• Alternate Bid No. 1 – Micro-surfacing (Type II with Black Rock) in lieu of Slurry Seal.

Micro-surfacing is more expensive than slurry seal but is a better product to use in the late fall season because it cures faster (one hour versus three to four hours) and allows the contractor to open traffic sooner.

Staff included micro-surfacing as an alternate bid in the event the award of the construction contract would be delayed into September or October. For this project, staff determined the selection of the low bidder would be based on the base bid and the alternate bid, but reserved the right to award the base bid. Pavement Coatings Co. has informed staff they can start as early as late August.

The plans and specifications, prepared and completed under the direction of the City Engineer, were advertised continuously on Planet Bids for three weeks beginning July 1, 2024 and twice in the Vallejo Times Herald, in compliance with Public Contract Code Section 20164. The plans and specifications are available for viewing by hyperlinks provided in Exhibit I.

To ensure a successful bid, staff reviewed bids for similar paving projects from six other cities in the last two months to learn about the current bidding environment. Additionally, staff proactively contacted nine contractors on July 8th, 9th, 10th and 15th to inform them of the Project and to determine who was planning on bidding. Two contractors informed staff they would bid.

On July 17, 2024, one (1) sealed bid was received, opened, and publicly read by the Deputy City Clerk. The bid is shown below. Staff determined that Pavement Coatings Co. is the lowest responsive and responsible bidder pursuant to Public Contract Code Section 20162.

CONTRACTOR BASE BID ALTERNATE
BID

TOTAL BID
Pavement
Coatings Co.
$1,814,834.25 $117,781.90 $1,932,616.15

Staff recommend awarding a construction contract in the total amount of $1,814,834.25 to Pavement Coatings Co. of Sacramento, California.

Date: August 5, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE CITYWIDE SLURRY SEAL PROJECT (PROJECT NO. PW9745) AFTER

FINDING THE PROJECT STATUTORILY EXEMPT FROM ENVIRONMENTAL

REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301(c) - EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,814,834.25, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

FISCAL IMPACT
Funding for the Project is from the Gas Tax and Measure P. The Project was included in the City's Fiscal Year 2023-24 budget adopted by the City Council on June 27, 2023.

SOURCES BUDGET EXPENDITURES
Fund 219 - Gas Tax $436,301
Fund 201 – Measure P $2,000,000

Design ($100,000)
Bid and Award ($4,000)
Construction ($1,814,834)
Materials Testing ($25,000)
Construction Mgmt / Inspection ($180,000)
TOTALS $2,436.301 ($2,123,834)

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) – Existing Facilities, because the project consists of repair, maintenance, and minor alterations of existing streets for the purpose of public safety and does not add additional vehicle lanes.

ATTACHMENTS

1. Resolution Award Contract - Citywide Slurry Seal_CAO Stamp

2. Contract PW9745 Citywide Slurry Seal Project_CAO Stamp

3. Exhibit A - Contractor's Proposal

4. Exhibit B - Insurance Requirements

5. Exhibit C - Form of Performance Bond

6. Exhibit D - Form of Labor and Materials Bond

7. Exhibit E - Prevailing Wage Rates

8. Exhibit F - Project Labor Agreement
Date: August 5, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE CITYWIDE SLURRY SEAL PROJECT (PROJECT NO. PW9745) AFTER

FINDING THE PROJECT STATUTORILY EXEMPT FROM ENVIRONMENTAL

REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301(c) - EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,814,834.25, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

9. Attachment A - Location Map

10. Attachment B - List of Streets

11. Attachment C - Plans

12. Attachment D - Conformed Specifications

CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]

RESOLUTION NO. 24-_

ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE CITYWIDE SLURRY SEAL PROJECT (PROJECT NO. PW9745) AFTER FINDING THE

PROJECT STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15301(c) –

EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,814,834.25, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, the Metropolitan Transportation Commission’s (MTC) Pavement Management Technical Assistance Program (P-TAP) uses federal dollars to help Bay Area cities and counties with their pavement programs by providing a pavement engineering consultant to prepare a pavement conditions report for interested cities; and
WHEREAS, in April 2022, Pavement Engineering, Inc., assigned to Vallejo by MTC, provided its pavement conditions report to the City of Vallejo; and
WHEREAS, on June 27, 2023, the City Council approved the Citywide Slurry Seal Project, Project No. PW9745 (Project) as part of the FY 2023-2024 Budget; and WHEREAS, the streets selected for the Project were data-driven by their Pavement Condition Index in said report and staff ensured that the Project would reasonably include streets across the city to maximize the number of residents that could benefit from newly paved streets; and WHEREAS, those certain Plans and Specifications for the Citywide Slurry Seal Project (PW9745) (Project), prepared by staff, under the direction of the City Engineer of the City of Vallejo (“Plans and Specifications”), located in the City of Vallejo, County of Solano, California, have been presented to the City Council; and
WHEREAS, said Plans and Specifications may be viewed by clicking on these Plans and Specifications links respectively; and
WHEREAS, said Plans and Specifications were advertised continuously on Planet Bids for three weeks and twice in the Vallejo Times Herald beginning on July 1, 2024, in compliance with Municipal Code Section 3.20.160 and Public Contract Code Section 20164; and WHEREAS, the City advertised for one base bid and one alternate bid; and WHEREAS, the alternate bid would provide for micro-surfacing as an alternative option to slurry

seal; and
WHEREAS, micro-surfacing is more expensive than slurry seal but is a better product to use in the late fall season because it cures faster, and the contractor can open traffic to the new pavement sooner; and
WHEREAS, to ensure a successful bid, staff reviewed bids for similar paving projects from six other cities in the last two months; learned two slurry seal projects only had two bidders each, proactively contacted nine contractors on July 8, 9, 10 and 15, 2024 to inform them of the Project and to determine who was planning on bidding, and learned two contractors planned to bid; and
WHEREAS, staff determined the selection of the low bidder would be based on the total of the base bid and the alternate bid; and
WHEREAS, on July 17th, 2024, one sealed bid was received, opened, and publicly read by the Deputy City Clerk; and
WHEREAS, staff determined that Pavement Coatings, Co. is the lowest responsive and responsible bidder with a base bid in the amount of $1,814,834.25 and an alternate bid in the amount of $117,781.90 for a total bid of $1,932,616.15; and WHEREAS, the alternate bid was not selected for work because of the additional cost; and WHEREAS, there is adequate funding to award the Contract for a total budgeted amount of $1,814,834.25; and
WHEREAS, staff recommends awarding a construction contract in the amount of $1,814,834.25 to said bidder; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301(c), activities that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing 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 are exempt from environmental review.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the Citywide Slurry Seal Project, Project No. PW9745 is exempt from environmental review under CEQA pursuant to Guidelines Section 15301(c) because the project consists of repair, maintenance, and minor alterations of existing streets for the purpose of public safety and does not add additional vehicle lanes.

NOW, THEREFORE, BE IT RESOLVED that the City Council, having reviewed the Plans and Specifications for the Citywide Slurry Seal Project, Project No. PW9745, hereby approves and adopts said Plans and Specifications for the Project; and BE IT FURTHER RESOLVED that an invitation for bids for the Project was duly advertised.

BE IT FURTHER RESOLVED that the City Council hereby determines that Pavement Coatings Co. is the lowest responsive and responsible bidder and is hereby awarded a contract in the amount of $1,814,834.25 for the base bid.

BE IT FURTHER RESOLVED that there are no other bids.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign a Construction Contract between the City of Vallejo and Pavement Coatings Co. 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 their designee, is hereby authorized to execute future contract change orders not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a special meeting held on August 5, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. McCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

CONTRACT
FOR

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745
THIS CONTRACT (“Contract”) made and entered into this 6th day of August 2024, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and Pavement Coatings Co., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and
WHEREAS, Contractor was the lowest responsive and 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 responsive and responsible bidder for the work and award a contract, therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
The work to be done, in general terms, consists of:

Furnishing all labor, materials, equipment, incidentals and services for the construction and

completion of the CITY OF VALLEJO CITYWIDE SLURRY SEAL PROJECT. The work includes but is not limited to:
•Pavement maintenance of existing roadway improvements including crack seal, digout repairs, and slurry seal.
•Developing and implementing a water pollution program. •Implementing temporary traffic control for street closures and detours. •Adjusting utility covers to grade.
•Removing and replacing pavement striping, markings and markers.

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the Plans and as provided for and set forth in said Plans, Specifications, and any addenda that were issued prior to the date of bid, which said Plans and Specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract:
(i) Exhibit A – Contractor’s Proposal submitted on July 17, 2024 (Base Bid only); (ii) Exhibit B – Insurance Requirements;
(iii) Exhibit C - Faithful Performance Bond;
(iv) Exhibit D – Payment (Labor and Materials) Bond;
(v) Exhibit E – Prevailing Wage Requirements;
(vi) Exhibit F – Project Labor Agreement
(b) Plans, prepared by Public Works - Engineering and entitled Plans for Citywide Slurry Seal, signed and stamped by the City Engineer on July 16, 2024; (c) Specifications signed and stamped by the City Engineer on July 16, 2024; (d) Standard Specifications of the State of California, Department of Transportation dated 2023;
(e) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and
(g) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (g) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

3. Contractor agrees to receive and accept the prices set forth in its proposal in an amount not to exceed One Million Eight Hundred and Fourteen Thousand Eight Hundred Thirty- Four Dollars and Twenty-Five Cents ($1,814,834.25) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

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

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit F. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. [SIGNATURES ARE ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

PAVEMENT COATINGS CO.,
a California corporation

CITY OF VALLEJO,
a municipal corporation
By: By:
[Signature of Authorized Agent] Andrew Murray
City Manager
Print Name: Attest:

Print Title: By:

Dawn G. Abrahamson
City Clerk
Approved as to Content:
(City Seal) By:

Melissa Tigbao, PE
Public Works Director
Approved as to Form:

By:

Veronica A. F. Nebb
City Attorney
Approved as to Insurance:

By:

Armond Sarkis
Risk Manager

EXHIBIT A

BID PROPOSAL

EXHIBIT B

INSURANCE REQUIREMENTS
Insurance Requirements
C
ontractor 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 agents, representatives, employees, or subcontractors. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

MI

NIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with lim its no les s than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of Califor nia, with Statutory Limits, and Employers’ Liability ins urance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (or Course of Construction) insur ance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear.

5. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains br oader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor . A ny available insurance proceeds in exces s of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endor sed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. 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 of Vallejo.

4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

5. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor

must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’

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

Verification of Coverage
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Payment Withhold
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.

EXHIBIT C

FAITHFUL PERFORMANCE BOND

CITY OF VALL
EJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

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

THAT WHEREAS, the Principal has entered into a contra ct with said City for the construction of:

CITYWIDE SLURRY SEAL PROJECT (PW9745)
NOW, THEREFORE, the c ondition of this obligation is such that if the above bounded Principal shall in all things s tand to abide by, and well and truly k eep 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 forc e and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the ev ent 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 s ame 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 unde
r their several s eals this day of , 2024. 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.

PRI
NCIP

AL SURETY
SURETY INFORMATION:

Con
tact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly (2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT D

PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THE SE PRESENTS, that whereas, the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:

CITYWIDE SLURRY SEAL PROJECT (PW9745)
AND WHEREAS, s aid Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
DO LLARS ($ ), 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 c
ondition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Th
e Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS W HEREOF, the above bounden parties have executed this Instrument under several seals this day of , 2024. The name and
Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

PRI
NCIPAL: SURETY:

S
URETY INFORMATION:

C
ontact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly (2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPR
OVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT E

PREVAILING WAGE RATES (STATE & FEDERAL)

STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWAgeDetermination.htm

FEDERAL MINIMUM WAGE RATES
https://sam.gov/content/wage-determinations

EXHIBIT F

PROJECT LABOR AGREEMENT
Project Labor Agreement
for the City of Vallejo
1 P

ROJECT LABOR AGREEMENT

FOR THE CITY OF VALLEJO

INTRODUCTION/FINDINGS
This Project Labor Agreement is entered into this day of , 20 by and between the City of Vallejo (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum 1) (referred to herein as “Contractor(s)/Employer(s)”), and the Napa-Solano Building and Construction Trades Council (referred to herein as the “Trades Council”) and the local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).

The
purpose of this Agreement is to promote the efficiency of construction operations for the City of Vallejo through the use of skilled labor resulting in quality construction outcomes, and to provide for the orderly settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of Covered Projects as defined in Section 1.10 below.

WHEREAS, the timely and successful completion of Covered Projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills are required in the performance of construction work on Covered Projects who will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on Covered Projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers are best served if the construction work proceeds in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on Covered Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
Project Labor Agreement
for the City of Vallejo
2 WH
EREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Covered Projects if Union and non-union workers of different employers were to work side by side on the Covered Projects, potentially leading to labor disputes that could delay completion of the Covered Projects; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of this Agreement, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail. It is understood that Contractor(s)/Employer(s) are bound and shall remain bound, for the duration of this Agreement, by the terms of this Agreement and the applicable local and national collective bargaining agreements for the craft work performed, established between the signatory Unions and Contractors/Employers, in effect and covering the area of these Covered Projects; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on Covered Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code, the Charter of the City of Vallejo, the Vallejo Municipal Code, and all state, local and federal laws; and
WHEREAS, The City has adopted this Agreement which will provide construction employment and training opportunities in ways calculated to mitigate the harms caused by poverty, unemployment, and underemployment; and
WHEREAS, this Agreement reflects a commitment by all parties to the diversity in the workforce on Covered Projects to the extent allowed by law, to reflect levels of minority, women and other worker utilization at levels which are representative of the relevant workforce of these groups in the Vallejo area as determined by the U.S. Census Bureau; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of all Covered Projects;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS
“Agreement” means this Project Labor Agreement.
“Agreement to be Bound” means the agreement (attached hereto as Addendum 1)

Project Labor Agreement
for the City of Vallejo
3 that shall be executed by each and every Contractor/Employer as a condition of working on Covered Projects.
“Apprentice” means any worker who is indentured in a bona fide joint Labor/Management construction apprenticeship program, registered and approved by the State of California Department of Industrial Relations (DIR) Division of Apprenticeship Standards (DAS), and in the case of Covered Projects with Federal funding, consistent with the requirements of the US Department of Labor (DOL). “Apprentice Program” means any joint Labor/Management Construction apprenticeship program certified and approved by the California DAS, and in the case of Covered Projects with Federal funding, consistent with the requirements of the US DOL. “City” means the City of Vallejo and its city council, officers, agents, attorneys and employees, including managerial personnel.
“Completion” means that point at which there is Final Acceptance by the City of a Covered Project and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
“Construction Contract” means all contracts under which construction is done which are necessary to complete the Covered Project(s). “Contractor(s)/Employer(s)” means any individual, firm, partnership, or corporation (including the prime contractor, general contractor, subcontractor of any tier, or combination thereof, including joint ventures, and their successors and assigns), that is a business enterprise and which is properly licensed for the work intended, and has entered into a Construction Contract for a Covered Project under this Agreement, with respect to the construction of any part of a Covered Project within this Agreement. “Core Worker” means a verifiable member of the Contractor(s)/Employer(s) core workforce whose name appears on the Contractor(s)/Employer(s) active payroll for 60 of 100 working days immediately prior to the award of the Construction Contract; who has worked at least four-thousand (4,000) hours in the construction craft in which they are employed, during the prior four (4) years; who resides in Priority 1-3 as set forth in Section 9.1; and who meets all standards required by applicable local, state or federal law or regulation.
“Covered Project” means City capital improvement projects where either the engineer’s estimate of the total cost of the project or the actual cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) for the Project, exceeds seven hundred and fifty thousand dollars ($750,000). All Construction Contracts required to complete a Covered Project shall be considered in determining whether this

Project Labor Agreement
for the City of Vallejo
4 t
hreshold is met. The City and the Trades Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. Covered Projects and Construction Contracts will not be split, divided or otherwise separated for the purpose of avoiding application of this Agreement. The term “Covered Project” applies to each and all projects as defined in this section, whether used in the singular or plural. “Employment Hiring Plan” or (“EHP”-) means a Contractor/Employer’s detailed hiring plan.
“Local Resident” means an individual who resides within the City Limits of the City of Vallejo.
“Master Agreement” means the Master Collective Bargaining Agreement negotiated and executed from time to time by each craft Union signatory hereto. “Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on any Covered Project and the implementation of this Agreement.
“Trades Council” means the Napa-Solano Building and Construction Trades Council.
“Union” or “Unions” means the Napa-Solano Building and Construction Trades Council and the Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

1.1 Parties: This Agreement applies to and is limited to the City and all Contractors/Employers performing work pursuant to Construction Contracts on a Covered Project and their successors and assigns, the Trades Council, and the Unions signatory to this Agreement.

1.2 Applicability: This Agreement shall apply to all Construction Contracts awarded on a Covered Project. Construction Contracts shall be considered Completed as set forth in Section 1.6, except when the City directs a Contractor to engage in repairs, construction warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract. The City has the absolute right to combine, consolidate or cancel contracts or portions of contracts identified as part of the Covered Project. However, should the City remove any contract, subcontract, or work from a Covered Project and thereafter authorize such work to be commenced after a new competitive bidding process, such work shall be performed under the terms of this Agreement unless said contract, subcontract, or work is awarded under a new contract and is less than seven hundred fifty thousand dollars ($750,000).

Project Labor Agreement
for the City of Vallejo
5 1.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for a Covered Project that is within the craft jurisdiction of one of the Unions and that is part of a Covered Project, including, without limitation the following examples: geotechnical and exploratory drilling, soils and materials testing and inspection , temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve a Covered Project), pumps, pump stations, start-up, modular furniture installation (as covered by California Prevailing Wage Determinations) included as part of the Covered Project, and final clean-up.

Covered Work includes work done for a Covered Project in temporary yards, dedicated sites, or areas adjacent to a Covered Project, and at any on-site or off-site batch plant constructed to supply materials to a Covered Project. Covered Work does not include excluded work as set forth in Section 2.4 below or any work performed pre-bid for a Covered Project.

1.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Covered Project performed after Completion, unless performed by City employees or is exempt pursuant to Section 2.4. For the avoidance of doubt, this Agreement applies to post- Completion work on a Covered Project only if such work is performed pursuant to the original Construction Contract for the Covered Project. Notwithstanding the foregoing, if a Project involves the start-up, commissioning or performance testing of highly specialized or proprietary equipment and/or systems, such work may be performed by personnel of the company providing such equipment and/or systems.

1.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for a Covered Project in any temporary yard or area established for a Covered Project) This Agreement also covers any off-site work, including fabrication (unless excluded otherwise in this Agreement), that is traditionally performed by the Unions and is part of a Covered Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s). For the avoidance of doubt, the provisions of this Agreement shall only apply to work within the scope of a Covered Project

1.3.3 The City is not limited or restricted on the choice of materials or the full use and installation of equipment, machinery, package units, factory pre-cast, prefabricated or preassembled materials, tools, or other labor-saving devices, except as set forth in Section 2.3.2.

Otherwise, the City has the right to purchase material and equipment from any source, and craft persons covered by this Agreement will handle and install such material and equipment unless the manufacturer requires that it or its specialized contractor handle or install such material and equipment, as provided in Section 2.4.10.

1.3.4 This Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing Project Labor Agreement
for the City of Vallejo
6 construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

1.3.5 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.

1.3.6 The City shall not be responsible for interpretation or application of any of the National Agreements in Section 2.3.5 nor shall the City be liable to any party for the breach of any such agreement.

1.4 Exclusions: The following shall be excluded from the scope of this Agreement.

1.4.1 Work performed by the City’s own employees as permitted by the Public Contract Code.

1.4.2 Work performed by Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman (unless covered by a Prevailing Wage determination).

1.4.3 The off-site maintenance of leased equipment and on-site supervision of such work.

1.4.4 Work performed on or near or leading to the site of a Covered Project that is undertaken by state, county, city, or other governmental bodies or their contractors.

1.4.5 This Agreement shall not apply to Emergency Projects as defined by the Public Contract Code or other state law, or the Vallejo Municipal Code, where the work is exempted from the obligation to solicit bids.

1.4.6 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors.

1.4.7 Work related to the creation of any Artwork by an individual Artist as part of the City’s Public Art Program, or other work related to public art. For purposes of this Agreement, “Artwork” is a unique, one-of-a-kind decorative element to be incorporated into the building or site, the design, illustration, and detailing of which can only be fully completed in the field and can only be performed by the individual Artist. An “Artist” is an individual that is engaged by the City to create and install Artwork. This Agreement does not apply to final adjustments, finishing touches, and final painting of any Artwork performed by the Artist.

1.4.8 Contracts entered into before the effective date of this Agreement.

Project Labor Agreement
for the City of Vallejo
7 1.4.9 Contracts that are outside the scope of this Agreement.

1.4.10 Work performed by manufacturers or manufacturers’ representatives of specialty process equipment or systems where the work must be performed by such persons as expressly stated in the manufacturer’s or vendor’s written warranty or guarantee as a condition of the warranty or guarantee, provided the manufacturer or the manufacturer’s representative possesses any license required for the performance of the work. In the case of a warranty exemption, the Contractor/Employer shall provide copies of the written warranty requirement to the affected Union and the City prior to the commencement of work by the manufacturer or vendor.

1.4.11 In the event the City intends to award a contract without a competitive bidding process pursuant to the sole source exemption contained in Vallejo Municipal Code Sections 3.20.90(a)(2) and 3.20.150, the City may request that the Trades Council meet and confer regarding the applicability of this Agreement or any accommodations necessary under this Agreement.

1.4.12 Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the service provider point of termination shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the service provider point of termination shall be Covered Work. Additionally, all contracted work performed ahead of the service provider point of termination that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

1.4.13 In the event the City intends to procure modular buildings or structures, the City may request that the Trades Council meet and confer regarding the applicability of Section 2.3.2 or any other accommodations necessary under this Agreement.

1.4.14 Maintenance work performed pursuant to a multi-year maintenance contract, unless the average annual value of the multi-year maintenance contract exceeds the Covered Project threshold identified in Section 1.10.

1.4.15 This Agreement shall not apply to work funded by any federal, state, local or other public agency that prohibits the use of project labor agreements on projects receiving its funding, or the funding of projects on which such agreements are used. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement of the City and the Trades Council, the parties will modify the requirements of this Agreement accordingly, to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible.

1.4.16 Work performed under any takeover agreement with a surety company that has guaranteed performance pursuant to a performance bond for a public works contract.

1.5 Award of Contracts: The City holds the right to select any qualified bidder for the award of Construction Contracts for Covered Projects under this Agreement. The bidder shall be responsive, responsible, willing, ready and able to execute and comply with this Agreement as it Project Labor Agreement
for the City of Vallejo
8 applies to a Covered Project. This Agreement shall be included in all invitations to bid or solicitations for proposals from Contractors or subcontractors for work on Covered Projects. A copy of all invitations to bid for Covered Projects shall be provided to the Trades Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Trades Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of work under a Construction Contract for a Covered Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum 1.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Covered Project.

3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement.

Notwithstanding the foregoing, any shared liability provided by law or a Master Agreement shall apply. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement and the applicable Master Agreements shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreement, the provision of this Agreement shall prevail. Where a provision of a Master Agreement does not conflict with this Agreement, the provision of the Master Agreement shall apply.

Project Labor Agreement
for the City of Vallejo
9 3.7 Notwithstanding any other provision of this Article or this Agreement, the City shall not be liable for any violation or breach and is not a party to any Master Agreement.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of a Covered Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling, slowdown, withholding of work, refusal to work, sick-out, walk-off, sitdown, stand- in, wobble, boycott, disruption or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on a Covered Project, at the job site of a Covered Project or any other facility of City because of a dispute on a Covered Project and shall not sanction, aid, abet or encourage same, and will affirmatively take all reasonable and lawful measures necessary to effectively induce their respective members to cross any and all picket lines. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on a Covered Project.

4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is executed. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, provided the new Master Agreement does not conflict with this Agreement, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Covered Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.

4.1.4 In the case of nonpayment of wages or trust fund contributions on a Covered Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business days’ notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers or their subcontractor’s workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

Project Labor Agreement
for the City of Vallejo
10 4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Trades Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Trades Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.

4.2 E
xpedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 Upon receipt of notice that a party is invoking this procedure, the parties shall meet and confer to select an arbitrator. If the parties cannot mutually agree on the selection of an arbitrator, the parties shall each provide a list of three arbitrators. The parties shall select the arbitrator using the alternate striking method. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Trades Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of notice that an arbitrator has been selected, the City will contact the selected arbitrator and attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed as soon as reasonably possible. An intentional failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

Project Labor Agreement
for the City of Vallejo
11 4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties to the extent such rights are legally waivable.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

ARTICLE V

CRAFT ASSIGNMENT PRE-JOB CONFERENCES

5.1 Timing: The General Contractor for a Covered Project and the Trades Council shall convene and conduct, at a location and time mutually agreeable to the Trades Council and the City, a craft assignment pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least fourteen (14) calendar days prior to:
(a) The commencement of any Covered Project work, and
(b) The commencement of Covered Project work on any subsequently awarded Construction Contract.

5.2 The craft assignment pre-job conference shall be attended by a representative of each participating Contractor and each affected Union; the Trades Council and City representatives may attend at their discretion.

5.3 The craft assignment pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
(e) The estimated start and completion dates of the work; and Project Labor Agreement
for the City of Vallejo
12 (f) Discussion of pre-fabricated materials.

5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Trades Council shall establish a Joint Administrative Committee comprised of up to four representatives with an equal number of representatives from the City and the Trades Council. The Joint Administrative Committee shall meet on a periodic basis during the term of construction, at least semi-annually, to assess the implementation of this Agreement, review the progress of any Covered Projects, and facilitate harmonious relations between the parties. Both the City and the Trades Council shall have the right to call a meeting of the Joint Administrative Committee.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on Covered Projects.

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on Covered Projects.

7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to a Covered Project whenever work covered by this Agreement is being, has been, or will be performed on that Covered Project.

7.4 Core Workers: A Contractor may request by name, and the Union shall honor, referral of Core Workers who have applied to the Union for Covered Project work and who demonstrate to the Union dispatcher and provide satisfactory proof (with a copy of such proof provided to the Project Manager) that the worker meets all the following qualifications:

1. Appearance on the Contractor/Employer’s active payroll for at least the last sixty (60) out of the one hundred (100) working days Project Labor Agreement
for the City of Vallejo
13 prior to award of a Construction Contract;

2. Possession of all licenses and certifications required by applicable state and federal law for the Covered Project work;

3. Has worked at least four thousand (4,000) hours in the appropriate construction craft during the past two years; and

4. Is a resident of the City of Vallejo or the Counties of Napa, Contra Costa, Alameda, Marin, Solano, Sonoma, San Mateo, and San Francisco.

7.4.1 The following procedure shall apply for dispatch of Core Workers: the first one (1) worker will be referred from the applicable Union hiring hall out-of-work list, then one (1) Core Worker shall be selected and referred from the hiring hall, followed by one (1) worker from the hiring hall out-of-work list, and this process shall repeat until such Contractor/Employer’s requirements are met or until such Contractor/Employer has hired three (3) such Core Workers for that trade or craft, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable hiring hall out-of-work list. In the event the Contractor/Employer reduces the workforce, such reduction will take place in the reverse order of assignment and in the same ratios as was applied in hiring.

7.4.2 Contractor/Employer(s) signatory to a Local, Regional, and/or National collective bargaining agreement with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the Master Agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement(s) as they relate to such Contractor/Employer(s).

Contractor/Employer(s) shall be bound by and utilize the registration facilities and referral systems established or authorized by the signatory Unions when such procedures are not in violation of Federal law.

7.4.3 The Contractor/Employer shall identify Core Workers in their Employment Hiring Plan and shall provide payroll records evidencing the worker’s qualification as a Core Worker upon request by the City. Prior to each Contractor performing any Covered Project work, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Trades Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract.

7.5 Contractor(s)/Employer(s) performing construction work on a Covered Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

Project Labor Agreement
for the City of Vallejo
14 7.6 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

7.7 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on a Covered Project.

ARTICLE VIII

WAGES AND BENEFITS

8.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Covered Project, in the amounts designated in the applicable Master Agreement(s). The Master Agreements require such benefit contributions to be made on an hourly basis to such health benefit Trust Funds, each of which is separately administered by a Taft-Hartley Board of Trustees comprised of half labor and half management representatives and is administered via a Trust Agreement.

8.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Covered Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

8.4 H
olidays: Holidays shall be as set forth in the applicable Master Agreement.

Project Labor Agreement
for the City of Vallejo
15 ARTICLE IX

LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT

9.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of City of Vallejo residents and to develop increased numbers of local skilled construction workers to meet the requirements of the regional construction economy. For purposes of this Article, the “Local Area” is defined as the City of Vallejo. It is the objective of the parties that not less than thirty percent (30%) of the combined journey-level and apprentice hours worked on the Project will be worked by residents of the Local Area. The Unions agree that residents of the Local Area shall be first referred for Project Work, including journey-level workers and apprentices covered by this Agreement. While the objective is to utilize as many workers from the Local Area as possible, the parties recognize that it may not always be possible. So, the parties agree that recruitment of workers shall be in the following priority:

Priority 1: Residents of the City of Vallejo.

Priority 2: Residents of Solano County outside of the City of Vallejo.

Priority 3: Residents of the Counties of Napa, Contra Costa, Alameda, Marin, Sonoma, San Mateo, and San Francisco.

Priority 4: All other areas.

The Contractors shall provide monthly reports to the parties. The workforce reports shall include information regarding the number of: (i) journey-level workers broken down by Priority number; (ii) Apprentices broken down by Priority number. The Contractors and the Unions agree to furnish all information required to prepare these reports. The reports shall be made available to the Unions by the Contractors within ten (10) days of receiving a request.

9.2 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

9.3 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

9.4 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised. The Unions will exert their best effort to recruit and identify residents in the Local Area and assist individuals in qualifying and becoming eligible for such apprenticeship programs.

9.5 When Local Residents are requested by the Contractor/Employers, the Unions will grant priority referral to such workers. In the event that a Contractor/Employer, having not achieved its targeted hiring participation levels, requests a Local Resident from the Union hiring facility, and is referred a worker who is not a Local Resident the Contractor/Employer is under no obligation to hire the referred worker for the C ove r ed Project work and shall notify Project Labor Agreement
for the City of Vallejo
16 the Union hiring facility and the Jobs Coordinator and shall request another referral of another Local Resident. The Contractor/Employer shall not be required to hire that worker unless there is no Local Resident available for hire.

9.6 The Contractor/Employers agree to maintain copies of all written dispatch requests for the Project submitted or received including transmission verification reports that are date/time imprinted. All written dispatch requests and transmission verification reports shall be available for inspection and copies provided, upon request by the City representative.

9.7 Workforce Development: The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the City's local work force, and the opportunities to provide continuing work for C ov e r e d Projects covered by this Agreement. To these ends, the Parties shall facilitate, encourage, and assist Local Residents to commence and progress in Labor/Management apprenticeship programs in the construction industry leading to participation in such apprenticeship programs.

9.7.1 The City and the Trades Council shall continue to work cooperatively with the pre-apprenticeship programs established to serve the Vallejo community, namely the pre-apprenticeship course at Vallejo High School, the North Bay Trades Introduction Program, and the adult education courses operating at Vallejo Adult School and Benicia Adult School.

9.7.2 The City and Trades Council shall also work cooperatively with the Solano County Workforce Development Board, the Construction Trades Workforce Initiative, other non-profit entities and organizations, and the Unions, to identify, establish and maintain effective programs and procedures for Local Residents interested in entering the construction industry and which will help prepare them for the formal joint Labor/Management apprenticeship programs.

9.7.3 The Trades Council shall also conduct outreach activities, including, but not limited to, career fairs, classroom visits, and tours for high school students of apprenticeship programs, to identify Local Residents interested in entering the construction industry and facilitate their entry into a local pre-apprenticeship program or a joint Labor/Management apprenticeship program.

9.8 The Unions shall collect and compile a list of all apprentices, and their residency information, who have worked on Covered Projects and submit an apprenticeship report to the City on a quarterly basis.

Project Labor Agreement
for the City of Vallejo
17 ARTICLE X

HELMETS TO HARDHATS

10.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the organization known as the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

10.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on Covered Projects and of apprenticeship and employment opportunities for Covered Projects. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XI

COMPLIANCE

11.1 It shall be the responsibility of the Contractors/Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement.

Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on a Covered Project.

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

12.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

12.2 E
mployee Discipline: All disputes involving the discipline and/or discharge of an employee working on a Covered Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on a Covered Project shall be disciplined or discharged without just cause.

12.3 No grievance shall be recognized unless the grieving party (Union or Trades Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more Project Labor Agreement
for the City of Vallejo
18 than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

12.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or Trades Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: I
f the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Trades Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: I
f the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall utilize the procedure for selecting an arbitrator designated in Article IV and notify the selected arbitrator for final and binding arbitration. The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

12.5 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

12.6 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

Project Labor Agreement
for the City of Vallejo
19 ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

13.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

13.2 All jurisdictional disputes on Covered Projects between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions that are parties to this Agreement.

13.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

13.5 The Trades Council and the General Contractor for a Covered Project will conduct a craft assignment pre-job conference with each Employer prior to commencing work.

The City will be advised in advance of all such conferences and may participate if they wish.

Craft assignment pre-job conferences for different Employers may be held together.

ARTICLE XIV

MANAGEMENT RIGHTS

14.1 Consistent with any Master Agreement, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. For the avoidance of doubt, this provision shall not apply to the City.

ARTICLE XV

SAFETY AND DRUG AND ALCOHOL POLICY
Project Labor Agreement
for the City of Vallejo
20 15.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Master Agreement.

15.2 It shall be the responsibility of each Contractor/Employer to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City, the state and the Contractor/Employer. It is understood that the employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor/Employer and the City.

15.3 The safety, security and visitor rules established by the Contractor/Employer and the City shall be reasonable, uniformly applicable, and posted in conspicuous places throughout the work site. An employee's failure to adhere to such rules may subject him or her to discipline, including discharge. Any discipline or discharge shall be subject to the procedures in the applicable Master Agreement. Notwithstanding the immediately preceding sentence, the City can ban anyone it so chooses from its property.

15.4 The Parties acknowledge that the City and the Contractor/Employer have a policy, which prohibits the use, sale, transfer, purchase and/or possession of an illegal controlled substance, alcohol and/or firearms while on the City's premises. Additionally, the City has a "drug free" work place policy, which prohibits those working on the City's premises from being impaired by alcohol or any controlled substances in their system. Any discipline or discharge shall be subject to the procedures in the applicable Master Agreement. Nothing herein shall prevent the City from enforcing its policy and requiring the removal from the job site of any impaired employee.

ARTICLE XVI

SAVINGS CLAUSE

16.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

16.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

16.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in Project Labor Agreement
for the City of Vallejo
21 order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVII
TERM

17.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Covered Project solicitations during the term of this Agreement, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Covered Project.

17.2 This Agreement shall apply until the Completion of each Covered Project in accordance with Sections 1.6 and 2.2.

17.3 This Agreement shall become effective upon approval by the City Council and final execution by the City and the Trades Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Trades Council shall meet to discuss proposed changes, if any, to the Agreement. No less than six months before the five-year anniversary of this Agreement, either party may request from the other party that the Agreement be extended with or without revisions. The parties may mutually agree in writing to an extension or amendment of this Agreement.

17.4 Any Covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Covered Project, notwithstanding the expiration date of this Agreement.

ARTICLE XVIII

MISCELLANEOUS PROVISIONS

18.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

18.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

18.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

18.4 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 Project Labor Agreement
for the City of Vallejo
22 terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

18.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

18.6 In the event of any dispute, jurisdiction shall be in the Superior Courts of the State of California with venue in Solano County.

[SIGNATURES TO FOLLOW]
Project Labor Agreement
for the City of Vallejo
23 CITY OF VALLEJO

Date:

Andrew Murray, City Manager

Approved as to Form

Date:

Veronica A.F. Nebb, City Attorney

NAPA-SOLANO BUILDING AND

CONSTRUCTION TRADES COUNCIL

Date:

Danny Bernardini, Secretary-Treasurer
Project Labor Agreement
for the City of Vallejo
24 [UNION SIGNATURES]
Project Labor Agreement
for the City of Vallejo
25 Addendum 1

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Vallejo Project Labor Agreement
Agreement to be Bound
Dear :

The undersigned confirms that it agrees to be a party to and bound by the City of Vallejo Project Labor Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section

8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the City of Vallejo Project Labor Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:

California Contractor State License No. or Motor Carrier (CA) Permit No.:

Name of Authorized Person (print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

State Public Works Registration Number:
156657\1448596

ATTACHMENT A

LOCATION MAP
LOCATI
ON MAP

CITYWIDE SLURRY SEAL PROJECT
PROJECT NO. PW9745
N
O
R
T
H

ATTACHMENT A

ATTACHMENT B

LIST OF STREETS

STREET NAME BEGINNING END PCI AREA (SF)
DISTRICT 1
HALE STREET HENRY STREET SKYLINE DRIVE 56 60,327
PLAZA DRIVE ADMIRAL CALLAGHAN TURNER PARKWAY 63 108,510 ROLLINGWOOD DRIVE TENNESSEE STREET GEORGIA STREET 60 131,361 TERRACE BEACH DRIVE CLEAR COAST COURT HEADWATER DRIVE 62 70,422 TROTTER DRIVE REDWOOD PARKWAY DARLEY DRIVE 60 64,034
WOODRIDGE DRIVE OAKWOOD AVENUE WOODSON WAY 61 57,927
DISTRICT 2
CAROUSEL DRIVE CUL DE SAC SOUZA WAY 59 24,396
CIMARRON DRIVE BORGES LANE NICOLE WAY 57 62,119
GONZAGA AVENUE WHITNEY AVENUE STANFORD DRIVE 59 25,395
JACK LONDON DRIVE LAINEY COURT DONNER PASS ROAD 62 79,420 SONORA PASS ROAD TOBIN DRIVE BIDWELL WAY 64 16,463
VANESSA STREET BORGES LANE END 63 2,8791
DISTRICT 3
ANTIGUA WAY GLEN COVE PARKWAY END 56 34,572
GLEN COVE MARINA ROAD GLEN COVE PARKWAY END 63 20,113
GLEN COVE PARKWAY 134' W/O SEA LION PL END 64 2,5086
JAMES RIVER ROAD GLEN COVE PARKWAY END 57 5,5849
RIVERMOUTH LANE MISTRAL WAY END 56 18,290
ROBLES DRIVE GLEN COVE ROAD 502 'E/O GLEN COVE PKWY 67 25,177 SHADOW RIDGE PLACE OUTRIGGER DRIVE CUL DE SAC 67 33,352 SHADY LANE ROBLES WAY APPLENUT LANE 65 54,829
WATERVIEW TERRACE WEST END EAST END 62 67,980
LIST OF STREETS (DISTRICTS 1-3)
2024 CITYWIDE SLURRY SEAL PROJECT
PROJECT NO. PW9745

ATTACHMENT BHME

STREET NAME BEGINNING END PCI AREA SF
DISTRICT 4
BRANCIFORTE STREET TENNESSEE STREET KENTUCKY STREET 61 69,330 COACH LANE FAIRGROUNDS DRIVE END 67 18,707
HOBBS AVENUE ALMOND AVENUE END 59 25,073
HOSPITAL DRIVE TUOLUMNE STREET 236' E/O TUOLUMNE ST 62 8,242 LAKESIDE DRIVE ANTIOCH DRIVE END 57 23,378
OHIO STREET BUTTE STREET BRANCLIFORTE ST 65 16,294
PARKVIEW TERRACE TUOLUMNE STREET (N) LUANN COURT 55 34,717 POWER DRIVE NORTH CAMINO ALTO RIVERVIEW DRIVE 64 39,319 SANTA CLARA STREET MAINE STREET CAROLINA STREET 59 61,936 DISTRICT 5
CALAVERAS WAY FLEMING AVENUE NEBRASKA STREET 57 15,540
EL DORADO STREET GEORGIA STREET FLORIDA STREET 56 54,977 INDIANA STREET AMADOR STREET COLUSA STREET 56 12,405
MONTEREY STREET NEVADA STREET DEAD END SOUTH 61 4,955
RICE STREET NINTH STREET BENICIA ROAD 64 20,364
SERRA DRIVE EL CAMINO REAL CULDESAC WEST 63 34,125
SHASTA STREET NEBRASKA STREET INDIANA STREET 61 33,761
SHASTA STREET TENNESSEE STREET ALABAMA STREET 62 1,2547 TUOLUMNE STREET LOS SANTOS COURT GREENFIELD AVENUE 60 38,880 WASHINGTON STREET NORTH CAMINO ALTO RINCON WAY 59 38,336 DISTRICT 6
ANNETTE AVENUE BUSS AVENUE BENICIA ROAD 56 51,186
CAROLINA STREET WEST END MILLER AVENUE 63 5,101
CEDAR STREET WEBB STREET GEORGIA STREET 56 24,717
CEDAR STREET BENICIA ROAD REIS AVENUE 62 32,192
LAUREL STREET MAGAZINE STREET ALHAMBRA AVENUE 57 35,341 LAUREL STREET REIS AVENUE BENCIA ROAD 55 40,413
MAGAZINE STREET SR 29 PORTER STREET 58 17,876
MARITIME ACADEMY DRIVE SR 29 750' SOUTH OF SR 29 63 20,866 PACHECO DRIVE CABRILLO DRIVE LADERA DRIVE 64 17,388
SHERIDAN STREET CHERRY STREET MAGAZINE STREET 61 37,839 THELMA AVENUE SPRINGS ROAD CONCORD STREET 64 40,129
LIST OF STREETS (DISTRICTS 4-6)
2024 CITYWIDE SLURRY SEAL PROJECT
PROJECT NO. PW9745

ATTACHMENT B

ATTACHMENT C
Due to the large size of these project documents, please follow the links below to access and download the project plans:

1. City
wide Slurry Seal Project Plans

CONFORMED
(Addendum No. 1, July 10, 2024; Addendum No. 2, July 10, 2024; Addendum No. 3; July 11, 2024; Addendum No. 4, July 12, 2024) CITY OF VALLEJO CITYWIDE SLURRY SEAL – PW9745

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS

BID DOCUMENTS
and

SPECIAL PROVISIONS

GENERAL PROVISIONS

TECHNICAL SPECIFICATIONS
for

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

FOR USE IN CONNECTION WITH CALTRANS STANDARD SPECIFICATIONS DATED 2023 AND STANDARD PLANS DATED 2023 AND THE LABOR SURCHARGE AND THE EQUIPMENT RENTAL RATES

BID OPENING: 2:00 P.M. on Wednesday, July 17th, 2024
City Council Chambers, 2nd Floor
City Hall
555 Santa Clara Street, Vallejo, CA
(Addendum No. 3, July 11, 2024)
CONTACT: Laetitia Galeazzi, PE
Associate Civil Engineer
Telephone: (707) 704-6672
Email: [email protected]

APPROVED BY:

___________________________________________

Dated: July 16, 2024
(Addendum No. 1, July 10, 2024)
CITY OF VALLEJO 2 CITYWIDE SLURRY SEAL – PW9745

TABLE OF CONTENTS
Page
NOTICE TO BIDDERS ........................................................................................................ 3 INSTRUCTIONS TO BIDDERS ........................................................................................... 6 PROPOSAL FORM ........................................................................................................... 10 BID PROPOSAL ................................................................................................................ 12 BID ALTERNATE .............................................................................................................. 13 BIDDER'S BOND .............................................................................................................. 17 CONTRACTOR QUALIFICATIONS .................................................................................. 19 DESIGNATION OF SUBCONTRACTORS ........................................................................ 20 NONCOLLUSION AFFIDAVIT .......................................................................................... 22 NONDISCRIMINATION CLAUSE ..................................................................................... 23 CONTRACT ...................................................................................................................... 24 FAITHFUL PERFORMANCE BOND ................................................................................. 28 PAYMENT (LABOR AND MATERIALS) BOND ................................................................ 30 CONTRACTOR QUALIFICATION QUESTIONNAIRE ...................................................... 32 CONTRACT CHANGE ORDER NO. ................................................................................. 36 SECTION A - SPECIAL PROVISIONS ............................................................................. 38 SECTION B - GENERAL PROVISIONS ........................................................................... 42 SECTION 1: DEFINITIONS AND TERMS .................................................................................................. 42 SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS ............................................................. 48 SECTION 3: AWARD AND EXECUTION OF CONTRACT ........................................................................ 51 SECTION 4: SCOPE OF WORK ................................................................................................................. 53 SECTION 5: CONTROL OF WORK ............................................................................................................ 56 SECTION 6: CONTROL OF MATERIALS .................................................................................................. 62 SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY ....................................................................... 66 SECTION 8: PROSECUTION AND PROGRESS ....................................................................................... 98 SECTION 9: MEASUREMENT AND PAYMENT ...................................................................................... 111 SECTION C - WAGE AND EQUIPMENT RATES ........................................................... 135 SECTION D - TECHNICAL SPECIFICATIONS ............................................................... 137 SECTION 11: TEMPORARY TRAFFIC CONTROL .................................................................................. 144 SECTION 12: CLEARING, GRUBBING AND REMOVALS ...................................................................... 148 SECTION 13: SLURRY SEAL (TYPE II WITH BLACK ROCK………………………………………………153 SECTION 14: TRAFFIC STRIPING, MARKINGS AND MARKERS ......................................................... 160 SECTION 15: FIBERIZED MICRO-SURFACING ..................................................................................... 167 ATTACHMENT A – PROJECT LABOR AGREEMENT………….………………………..…………173 CITY OF VALLEJO 3 CITYWIDE SLURRY SEAL – PW9745

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT SEALED BIDS will be received in the City Clerk Office of City Hall, 3rd 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 July 16 th, 2024 , time to be determined by time.gov, at which time they will be publicly opened and read aloud in City Council Chambers, on 2 nd Floor of said City Hall for CITYWIDE SLURRY SEAL, City of Vallejo, County of Solano, California according to the plans and specifications prepared by City Staff.

In accordance with the Plans and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITYWIDE SLURRY SEAL.

In general, the work includes the pavement maintenance of existing improvements within various streets of the City of Vallejo. The work includes, but is not limited to the following:

Pavement maintenance of existing roadway improvements including slurry seal; adjusting utility covers; removing and replacing pavement striping, markings and markers; traffic control; and all appurtenant work required to complete the project in accordance with the city -approved plans, specifications and associated contract documents.

Prime Contractor Self Perform requirement is minimum 30% (exclusive of specialty items).

Project Labor Agreement: The project is also subject to the terms and conditions of that certain project labor agreement executed by all parties to the agreement, by and between the City of Vallejo and the Napa-Solano Building and Construction Trades Council and the local Unions that have executed this Agreement. In the event of any conflict or inconsistency between the provisions of the Project Labor Agreement and the provisions of the other Contract Documents, the provisions of the Project Labor Agreement shall govern and control to the fullest extent permitted b y law. A copy of the Project Labor Agreement (in draft only) is included as Attachment A. (Addendum No. 3, July 11, 2024)
Time of completion of the work is 45 WORKING DAYS from the date of issuance of the written notice to proceed by the City.

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

CITY OF VALLEJO 4 CITYWIDE SLURRY SEAL – PW9745
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 pen alty 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 also keep an accurate certified payroll record in a ccordance 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 Stan dards 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.

The Plans Specifications, other Contract Documents and proposal forms are available at the PlanetBids website:
http://www.cityofvallejo.net/doing_business/bids___proposals.

The website will provide a link to PlanetBids.

Interested Bidders may register as Planholders (only Planholders will 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 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.

CITY OF VALLEJO 5 CITYWIDE SLURRY SEAL – PW9745
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 A or C12.

DAWN G. ABRAHAMSON
City Clerk
Dated: June 24, 2023
CITY OF VALLEJO 6 CITYWIDE SLURRY SEAL – PW9745

INSTRUCTIONS TO BIDDERS
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745
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 Subcontractors, (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 Bid Proposal shall be filled in and submitted as the bid. 3) Sealed bids shall be addressed to:

Dawn G. Abrahamson, City Clerk
555 Santa Clara Street
P.O. Box 3068
Vallejo, California 94590
5) Written questions will be the only questions that receive an official response from the City. Written questions may be submitted by E -mail to the Project Manage r:

[email protected]
Bidders are advised that oral or written communication from the City not in the form of an official addendum does not alter the Contract Documents. 6) The cut off time for submission of bid questions is 5:00 P.M. (Pacific Time) on July 12th, 2024. Any questions received after this time will not be responded to. (Addendum No. 1, July 10, 2024; Addendum No. 3, July 11th, 2024) 7) Pre-bid conference: None.
8) Following the public opening of bids, the apparent low Bidder shall 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 CITY OF VALLEJO 7 CITYWIDE SLURRY SEAL – PW9745
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, a nd 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.
9) 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 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.
10) 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.
11) 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 Public Works Director, Public Works Department, City of Vallejo, 555 Santa Clara Street, P. O. Box 3068, Vallejo, CA 94590 re: CITYWIDE SLURRY SEAL , PROJECT NO. PW9745 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.

CITY OF VALLEJO 8 CITYWIDE SLURRY SEAL – PW9745
(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 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.
12) Liquidated damages that may be assessed by City of Vallej o for late completion is $1,500 for each calendar day delay.
13) 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 nu mber, 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:

CITY OF VALLEJO 9 CITYWIDE SLURRY SEAL – PW9745
Laetitia Galeazzi - Project Manager at: [email protected] 14) Terms used in the Instructions to Bidders have the same meanings indicated in the General Provisions of the Contract, including Special Provisions and other Division 01 Specification Sections.
15) 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 residents to work on City projects.

City of Vallejo Municipal Code Section 3.20.230 provides in part:

In bidding for, or letting contracts for purchase of materials, equipment, services and public works projects, whether by formal bid, by ope n market procedure pursuant to Section 3.20.100 of this code or, by co mpetitive 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.

END OF INSTRUCTIONS TO BIDDERS
CITY OF VALLEJO 10 CITYWIDE SLURRY SEAL – PW9745

PROPOSAL FORM
forY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745
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.

CITY OF VALLEJO 11 CITYWIDE SLURRY SEAL – PW9745
The work to be done consists of:

In general, the work includes the pavement maintenance of existing improvements within various streets of the City of Vallejo. The work includes, but is not limited to the following:

Pavement maintenance of existing roadway improvements including slurry seal; adjusting utility covers; removing and replacing pavement striping, markings and markers; traffic control; and all appurtenant work required to complete the project in accordance with the city-approved plans, specifications and associated contract documents.

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 exam ined the location of the proposed work, the annexed proposed form of Contract, and the plans 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 Val lejo, 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.

END OF PROPOSAL FORM
CITY OF VALLEJO 12 CITYWIDE SLURRY SEAL – PW9745

BID PROPOSAL
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

CONTRACTOR NAME: __________________________________________________

Base Bid Items:

ITEM
NO. ITEM DESCRIPTION UNIT QUANTITY
UNIT
PRICE
(Figures)

TOTAL PRICE
(Figures)

1. Mobilization LS 1

2. Crack Sealing LS 1

3. Traffic and Pedestrian Control LS 1

4. Clearing, Grubbing and Removals LS 1

5. Tree Trimming Including Certified
Arborist LS 1

6. Digout Repair (4” Deep) TONS 250

7. Digout Repair (6” Deep) TONS 25

8. Slurry Seal
(Type II with Black Rock) SY 222,230

9. Adjust Manhole Cover to Finish Grade EA 30

10. Adjust Water Valve Cover and Survey
Monument to Finish Grade EA 20

11. Stripe – Centerline
(Caltrans Detail 1) LF 3,700

12. Stripe – Centerline
(Caltrans Detail 2) LF 240

13. Stripe – Centerline
(Caltrans Detail 9) LF 2,500

14. Stripe – Centerline
(Caltrans Detail 21) LF 30

15. Stripe – Centerline
(Caltrans Detail 22) LF 7,000

16. Stripe – Left Edge Line
(Caltrans Detail 24) LF 1,000
(Addendum No. 1, July 10, 2024)
CITY OF VALLEJO 13 CITYWIDE SLURRY SEAL – PW9745

17. Stripe – Left Edge Line
(Caltrans Detail 26B) LF 250

18. Stripe – Right Edge Line
(Caltrans Detail 27B) LF 5,600

19. Stripe – Median Island
(Caltrans Detail 29) LF 160

20. Stripe – Channelizing Line
(Caltrans Detail 38 and 38B) LF 2,200

21. Stripe – Bike Lane
(Caltrans Detail 39) LF 550

22. Stripe – Thermoplastic Pavement
Markings SF 3,500

23. Stripe – 4” Thermoplastic (White) LF 2,700

24. Stripe – 12” Thermoplastic (White) LF 3,100

25. Stripe – 24” Thermoplastic (White) LF 45

26. Stripe – 12” Thermoplastic (Yellow) LF 1,500

27. Stripe – 24” Thermoplastic (Yellow) LF 1,100

28. Blue Hydrant Marker EA 105
TOTAL BASE BID:

BID ALTERNATE

ITEM
NO. ITEM DESCRIPTION UNIT QUANTITY
UNIT
PRICE
(Figures)
TOTAL
PRICE
(Figures)

1. Slurry Seal (Type II with Black Rock)
Deduction* SY 222,230

2. Micro-surfacing
(Type II with Black Rock) SY 222,230
TOTAL ALTERNATE BID:

*NOTE: Insert a deductive amount for Bid Alternate Item No. 1.

TOTAL BID = TOTAL BASE BID + TOTAL BID ALTERNATE:

(IN WORDS)
(Addendum No. 1, July 10, 2024; Addendum No. 2, July 10, 2024; Addendum No. 4, July 12, 2024) CITY OF VALLEJO 14 CITYWIDE SLURRY SEAL – PW9745
NOTE:

1. The Low Bidder will be determined based on the total of:

TOTAL BASE BID + TOTAL BID ALTERNATE

2. After determining the Low Bidder, the City shall have the right to choose if the Bid Alternate will be awarded, along with the Base Bid, to the Low Bidder.

BID SUMMARY

Total Base Bid & Total
Bid Alternate:
$
(IN FIGURES)

$
(IN WORDS)

BIDDER’S
SIGNATURE:

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

The determination for the lowest total bid shall be the comparison of all bids received for the Base Bid.

In case of discrepancy between the Unit Prices and the Total Price 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 p revail and shall be divided by the Estimated Quantity for said item and the price thus obtained shall be the Unit Pric 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 Proposal must be filled out completely.

An incomplete Bid Proposal may be grounds for a bid to be rejected.

The Bidder agrees that if the Bidder is selected as the apparent lowest responsive and responsible Bidder, and the Bidder fails to sign the Contract and furnish the Performance Bond, the Payment Bond, certificates of i nsurance, 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 (Addendum No. 4, July 12, 2024)

CITY OF VALLEJO 15 CITYWIDE SLURRY SEAL – PW9745
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 copartners composing the firm; if Bidder or other interested person is an individual, state first and last names in full.

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,
CITY OF VALLEJO 16 CITYWIDE SLURRY SEAL – PW9745

License No.:

Sign Here:

(Printed name of Bidder)

Date:

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.

END OF BID PROPOSAL

CITY OF VALLEJO 17 CITYWIDE SLURRY SEAL – PW9745

BIDDER'S BOND
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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 d escribed 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 January 11, 2024, for the:

In accordance with the Plans and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITYWIDE SLURRY SEAL. The work includes but is not limited to:

In general, the work includes the pavement maintenance of existing improvements within various streets of the City of Vallejo. The work includes, but is not limited to the following:

Pavement maintenance of existing roadway improvements including slurry seal; adjusting utility covers; removing and replacing pavement striping, markings and markers; traffic control; and all appurtenant work required to complete the project in accordance with the city-approved plans, specifications and associated contract documents.

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 CITY OF VALLEJO 18 CITYWIDE SLURRY SEAL – PW9745
attorney's fee to be fixed by 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.

END OF BIDDER’S BOND
CITY OF VALLEJO 19 CITYWIDE SLURRY SEAL – PW9745

CONTRACTOR QUALIFICATIONS
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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 $3,000,000 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.

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)

END OF CONTRACTOR QUALIFICATIONS
CITY OF VALLEJO 20 CITYWIDE SLURRY SEAL – PW9745

DESIGNATION OF SUBCONTRACTORS
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745
In compliance with the provisions of Section 4100 through 4114, inclusive, of the Public Contract Code, and any amendments th ereto, 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 t o detailed plans 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 subcontracto r 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 MINIMUM 30% (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.

CITY OF VALLEJO 21 CITYWIDE SLURRY SEAL – PW9745

DESIGNATION OF SUBCONTRACTORS
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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.

END OF DESIGNATION OF SUBCONTRACTORS

CITY OF VALLEJO CITYWIDE SLURRY SEAL – PW9745

NONCOLLUSION AFFIDAVIT
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

(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)

END OF NONCOLLUSION AFFIDAVIT

CITY OF VALLEJO 23 CITYWIDE SLURRY SEAL – PW9745

NONDISCRIMINATION CLAUSE
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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, col or, 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

END OF NONDISCRIMINATION CLAUSE

CITY OF VALLEJO 24 CITYWIDE SLURRY SEAL – PW9745

CONTRACT
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

THIS CONTRACT (“Contract”) made and entered into this ____day of ____ 2024, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and ___, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and

WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and

WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and

WHEREAS, Contractor was the lowest responsive and 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 responsive and responsible bidder for the work and award a contract, therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
The work to be done, in general terms, consists of:

Furnishing all labor, materials, equipment, incidentals and services for the construction and completion of the CITY OF VALLEJO CITYWIDE SLURRY SEAL PROJECT. The work includes but is not limited to:

• Pavement maintenance of existing roadway improvements including crack seal, digout repairs, and slurry seal.
• Developing and implementing a water pollution program. • Implementing temporary traffic control for street closures and detours. • Adjusting utility covers to grade.
• Removing and replacing pavement striping, markings and markers.

CITY OF VALLEJO 25 CITYWIDE SLURRY SEAL – PW9745

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the Plans and as provided for and set forth in said Plans, Specifications, and any addenda that were issued prior to the date of bid, which said Plans and Specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:

(a) This Contract:
(i) Exhibit A – Scope of Work;
(ii) Exhibit B – Compensation;
(iii) Exhibit C – Insurance Requirements;
(iv) Exhibit D – Faithful Performance Bond;
(v) Exhibit E – Payment (Labor and Materials) Bond;
(vi) Exhibit F – Prevailing Wage Requirements;
(vii) Exhibit G – Project Labor Agreement
(Addendum No. 3, July 11, 2024)

(b) Plans, prepared by Public Works - Engineering and entitled Plans for Citywide Slurry Seal, signed and stamped by the City Engineer on July 16, 2024; (c) Specifications signed and stamped by the City Engineer on July 16, 2024; (d) Standard Specifications of the State of California, Department of Transportation dated 2023; (e) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011; (f) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and
(g) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (g) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

3. Contractor agrees to receive and accept the prices set forth in its proposal in an amount not to exceed of XXX DOLLARS AND XXX CENTS as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and

CITY OF VALLEJO 26 CITYWIDE SLURRY SEAL – PW9745
Specifications and the requirements of the Engineer under them.

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

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit F. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

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

[SIGNATURES ARE ON THE FOLLOWING PAGE]

CITY OF VALLEJO 27 CITYWIDE SLURRY SEAL – PW9745
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CONTRACTOR: CITY OF VALLEJO,
a municipal corporation

By: By:
[Signature of Authorized Agent] Andrew Murray
City Manager

Print Name: Attest:

Print Title: By:

Dawn G. Abrahamson
City Clerk

Approved as to Content:

(City Seal) By:

Melissa Tigbao, PE
Public Works Director

Approved as to Form:

By:

Veronica A.F. Nebb
City Attorney

Approved as to Insurance:

By:

Armond Sarkis
Risk Manager

END OF CONTRACT

CITY OF VALLEJO 28 CITYWIDE SLURRY SEAL – PW9745

FAITHFUL PERFORMANCE BOND
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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:

CITYWIDE SLURRY SEAL

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 Contr actor’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.

CITY OF VALLEJO 29 CITYWIDE SLURRY SEAL – PW9745
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

END OF FAITHFUL PERFORMANCE BOND

CITY OF VALLEJO CITYWIDE SLURRY SEAL – PW9745

PAYMENT (LABOR AND MATERIALS) BOND
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

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:

CITYWIDE SLURRY SEAL

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, u sed 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

CITY OF VALLEJO 31 CITYWIDE SLURRY SEAL – PW9745

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

END OF PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO 32 CITYWIDE SLURRY SEAL – PW9745

CONTRACTOR QUALIFICATION QUESTIONNAIRE
for

CITY OF VALLEJO

CITYWIDE SLURRY SEAL
PROJECT NO. PW9745

If requested by the 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 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 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 the 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.

CITY OF VALLEJO 33 CITYWIDE SLURRY SEAL – PW9745

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.

10. Has the bidder(s) 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 of 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 $10,000,000, 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.

CITY OF VALLEJO 34 CITYWIDE SLURRY SEAL – PW9745

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 agency’s 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

CITY OF VALLEJO 35 CITYWIDE SLURRY SEAL – PW9745
thereon; the owner's name, address and telephone number; the amount of Bidder's contract on such project.

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 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 stateme nt" 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 Q UESTIONNAIRE 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 signee)

(Title of signee)

END OF CONTRACTOR QUALIFICATION QUESTIONNAIRE

CITY OF VALLEJO 36 CITYWIDE SLURRY SEAL – PW9745

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACT CHANGE ORDER NO.: DATE:

TO:

PROJECT: CITYWIDE SLURRY SEAL

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 o f 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 n ot 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.

ADJUSTMENT OF CONTRACT TIME OF
COMPLETION:

AGREED PRICE:

FORCE ACCOUNT:

BASE CONTRACT PRICE:

PREVIOUS CONTRACT CHANGE ORDER:

CITY OF VALLEJO 37 CITYWIDE SLURRY SEAL – PW9745

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)

END OF CONTRACT CHANGE ORDER

CITY OF VALLEJO 38 CITYWIDE SLURRY SEAL – PW9745

SECTION A - SPECIAL PROVISIONS

1. LOCATION OF WORK
Various streets throughout the City of Vallejo. See Plans for project locations.

2. SCOPE OF WORK
The work embraced herein will be done in accordance with the Contract Drawings and Specifications, the 2023 Standard Plans and Specifications of the California Department of Transportation, and the City of Vallejo Standard Specifications and Standard Plans dated December 2011.

The work to be done includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITYWIDE SLURRY SEAL PROJECT in accordance with the Contract Documents.

For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances, and services required to completely execute the work as set forth in the Contract Documents

3. NOT USED

4. PRE-CONSTRUCTION CONFERENCE
The Contractor, Architect, City representatives 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 including but not limited to job schedules, traffic control, City policies, 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 (MS Project or Primavera P6) for review.

B. Traffic Control Plan.

C. All other material or required submittals for review. All submittals shall be in writing.

D. "Notice" to homeowners, residents, commuters and/or affected parties, per section 12-4.01A of the Technical Specifications, for review.

5. UNDERGROUND UTILITIES
The Contractor shall locate all underground obstructions and utilities - gas, electric, water lines, etc. Repair of damage to any utility lines shall be made at the Contractor's expense.

6. 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 all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal.

7. CITY FURNISHED MATERIALS
The City will furnish to the Contractor free of charge for use under these Specifications the following materials:
(See Technical Specifications)

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8. 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 $3,500.00 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.

9. SEQUENCE OF CONSTRUCTION TO MAINTAIN AND CONTROL TRAFFIC The Contractor must submit a detailed schedule of operations and a traffic management plan to the Engineer for review and acceptance prior to starting work on the project.

See “Traffic Control” of these Specifications and the project Technical Specifications for compensation.

10. CONSTRUCTION UPON PRIVATE PROPERTY
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 conditio ns and provide safe access to these properties. The Contractor is prohibited from using any privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or ow ner.

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.

11. WATERMAIN TIE-INS
If a watermain tie-in is required, work shall conform to City Standard Specification Section 4.3.9, "Connecting to Existing main" including, but not limited to the following or as directed by the Engineer:

A. The Contractor is responsible for calling the City Maintenance Division at (707) 648-4529 when they are ready to perform the tie-in, (Maintenance requires 48 hours’ notice). The Maintenance Inspector shall be present before, during, and after the tie -in is completed, to ensure that the trench is completely back filled before the water is turned on. If the Contractor fails to coordinate the tie -in with the Maintenance Inspector, the said tie-in will not be accepted.

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.

12. AS-BUILT DRAWINGS
The Contractor shall always keep an up to date complete and accurate set of record prints, which shall be corrected regularly, showing every change from the Contract Documents, including all addendums, Change Orders, RFIs, etc. Upon completion of the work , a set of as -built prints shall be made by the Contractor after consultation with the 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 practic es.

13. HAZARDOUS WASTE IN EXCAVATION
If the Contractor encounters material which the contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. All work in the immediate area of the suspected hazardous material shall be suspended CITY OF VALLEJO 40 CITYWIDE SLURRY SEAL – PW9745
until the Engineer authorizes it to be resumed. If such suspension delays the current controlling work 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.

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.

14. CHANGED CONDITIONS
A. Differing Site Conditions
The requirements specified in Section 4-1.06 of the State Standard Specifications for differing site conditions apply to this project.

B. Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly.

The contractor will be notified of the engineer's determination whether an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work
The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or  When a major item of work, as defined elsewhere in the contract, is increased more than 125 percent, or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion more than 125 percent of the

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original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

END OF SECTION

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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 1. 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
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
AWWA American Water Works Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
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 GLOSSARY
Unless noted otherwise, the following terms have the following meanings:

Addenda: Written or graphic instruments issued before the opening bids, which modify or interpret the Notice to Bidders, Instructions to Bidders, Bid Proposal Form, Addenda (if any), Special Provisions, Technical Specifications, and/or Plans by additions, deletions, clarifications, or corrections.

Agreement or Contract: The signed agreement between the City and Contractor.

Architect: The private engineering firm employed to prepare the plans, specifications, and estimate and perform design services during construction of this project.

Bid Bond: The cash, cashier’s check, certified check, or bidder’s bond companying the proposal submitted by the bidder, as a guaranty that the bidder will enter a contract with the Public Works Department of the City of Vallejo for the performance of the work if the contract is awarded to the bidder.

Bidding Documents: The Notice to Bidders, Instruction to Bidders, Bid Proposal Form, and Addenda (if any); the Special Provisions, Technical Specifications, Standard Specifications, the Exhibits (including bonds), and the

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Drawings (also defined as “Plans”).

Business Day: All days except Saturdays, Sundays, and any holiday set forth in California Government Code section 6700.

Calendar Day: Any day of the week including a Business Day.

Change Order: A written document duly approved and executed by the City, which changes the scope of the Work, the Contract Price, or the Contract Time.

City: The City of Vallejo, California.

City Council: The City Council of the City of Vallejo, California, or its authorized agent.

City Engineer: The City Engineer of the City of Vallejo or their authorized agent(s) acting within the scope of the duties delegated to them.

Claim: A request by the Contractor for 1) the payment of additional compensation for any issues. 2) an extension of time for the performance of the Work or 3) any other relief with reference to the terms of the Contract, including any disputes or question related to the Contract Documents.

Construction Contract or Agreement: The signed agreement between the City and Contractor.

Contract Amount or Contract Sum: The amount listed on the Construction Agreement as the contractor’s total compensation.

Contract Documents: All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certifica tes of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly ma de part of the Contract Documents.

Contract Price: The total compensation to be paid to the Contractor for performance of the Work, as set forth in the Contract and as amended by a Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustments due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal.

Contract Time: The number of Working Days for performance of the Work, as set forth in the Contract and as amended by a Change Order.

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

Day: A calendar day unless stated otherwise.

Department: The Public Works Department of the City of Vallejo.

Director: The Director of the Public Works of the City of Vallejo.

Drawing: The City-approved plans and graphical depictions of the Project requirements and does not include Shop Drawings.

Final Compensation: Payment to the Contractor of the unpaid Contract Price, including release of the undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public

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Contract Code Section 71017.

Engineer: The City Engineer of the City of Vallejo or other authorized designee such as the City Inspector.

Laboratory: The laboratory designated by the City of Vallejo.

Legal Holidays: Those Days designated as City holidays and those days designated in the Government Code or as stated in the Standard Specifications.

Liquidated Damages: The amount prescribed in the specifications or contract, 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 specifications. The Liquidated Damages amount is set at $1,500.00 per Calendar Day for this contract.

Mobilization: Preparatory work that must be performed or costs incurred before starting work on the various items on the job site (Public Contract Code § 10104).

Plans: The official project plans, typical cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show location, character, dimensions, and details of the work to be performed. These documents are to be considered as a part of the plans.

Project Plans: The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.

Project or Work: See Work.

Project Site: Location of the Work.

Project Manager: The person designated by the City of Vallejo to manage all aspects of the project, if so, designated by the Special Provisions.

Proposal Form: The approved form upon which the Public Works of the City of Vallejo requires formal bids be prepared and submitted for the work.

Public Contract Code: California Public Contract Code.

Qualified Contractor or Subcontractor: A contractor or subcontractor currently registered with the California Department of Industrial Relations and qualified to perform public work pursuant to Labor Code section 1725.

Requests for Information: A request from the Contractor, or one of its subcontractors, to the City, seeking an interpretation or clarification of some requirement of the contract documents submitted to the City in the form required by the contract. The contractor shall clearly and concisely set forth the issue for which it seeks clarification of interpretations and why a response is needed from the City. The contractor shall, in the written request, set forth interpretation or understanding of the contract’ s requirements along with the reasons why it has reached such an understanding. Responses from the City shall not change any requirements of the contract documents unless noted in the Request for Information Response issued by the City.

Special Provisions: The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.

Specifications: The directions, provisions and requirements contained in the Standard Specifications as supplemented by these Special Provisions. Whenever the term “the specifications” or “the Standard Specifications” is used in this document, it means the provisions set for in the 2023 Edition of the Caltrans Standard Specifications.

Standard Plans: The Standard Specifications and Standard Drawings issued by the Public Works Department of the City of Vallejo.

State: The State of California or the City of Vallejo as the context requires.

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Submittal/Shop Drawings: Any technical submittals, shop drawings, or samples, including supporting catalog cuts, manufacturer’s literature sketches or drawings, calculations, and other pertinent data, required by any technical specification in these contract documents. The contractor shall transmit to the City submittal/shop drawings shall be in sufficient detail to enable the City to review the information and determine that the contractor clearly understands the requirements of the contract documents.

Substitution/Or Equal Submittals: A request from the contractor to substitute a material, device, product, fixture, form, type of construction or process called for in the contract documents with another item that shall be substantially equal in all respects to that indicated or supplied.

Work or Project: The entire Project which is the subject of the Contract. The term “Work” as applied to the Contractor includes any labor, materials and necessary tools and equipment.

Working Days: Working days are Monday through Friday except for Legal Holidays.

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.

1-1.09 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 CONTRACT DOCUMENTS

All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificat es of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents. 1-1.12 DAYS

Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days.

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.

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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.

1-1.25-1 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) Juneteenth Day,
(f) Independence Day,
(g) Labor Day,
(h) Indigenous Peoples’ Day,
(i) Veterans' Day,
(j) Thanksgiving Day,
(k) Day after Thanksgiving,
(l) 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.

1-1.26-1 MUTCD OR CA MUTCD

The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”

1-1.29 DRAWINGS

The official project drawings (City-approved Plans) 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:

1-1.30 PROJECT DRAWINGS

The project drawings (City-approved Plans) are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.

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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 (Bid Proposal) 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.
1-1.37 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 Special Provisions, 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 provis ions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2023 edition, Sections 10 through 95 only. 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.

END OF SECTION

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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 PLANS, 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 an d 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 Co ntractor 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 Documents.

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, or delivered

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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.

2-1.06 (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.

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 b y 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 Cit y 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 reas on for believing that collusion exists among the Bidders any or all

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proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.

END OF SECTION

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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) .

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 Californi a. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

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.

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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.

END OF SECTION

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SECTION 4: SCOPE OF WORK
4-1.01 INTENT OF PLANS 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 wor k 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 confo rmance 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 nonconfor ming 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 item s 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 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 reasonab le 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 in compliance with Caltrans Standard Specification 4 -1.13. 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 an d no separate payment will be made therefore.

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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 cost of the change, together with all vouchers therefore. 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 therefore. 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 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.

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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."

4-1.03B CHANGE ORDERS

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 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.

Contract Change orders shall be in the form provided by City of Vallejo in the Contract Documents.

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 determ ined 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.

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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 interpretatio n 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 enfo rce 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 (City-approved Plans) 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 w riting.

The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control perform the work. No change shall be made by the Contractor to 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 anchor bolt layouts, shop details, erection drawings, equipment lists, and any other information specifically required elsewhere in the Specifications.

Working drawings for falsework, temporary support systems, 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 t o the Contractor who shall be responsible for the successful construction of the work.

Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.

Full compensation for furnishing all working drawings shall be considered as included in 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, br acing, 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

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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 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 Order s 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 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, 2022 editi on, 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 gov ern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.

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.

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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. For work to be completed within the State Right of Way, regular working hours are 7:00 p.m. to 7:00 a.m.

No work outside of the regular worki ng hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. The contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.

The order of streets to be slurried shall be determined be the contractor per the plans listed on Appendix B.

No work shall take place on garbage collection days. See table on Appendix C for Recology garbage collection schedule.

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 t he Superintendent, and who shall have the authority to represent and act for the Contractor.

The Superintendent shall be always present at the site of the work while work is in progress on the Contract.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or the Contractor's Superintendent is not present on any 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 char ge will be deducted from any moneys due or to become due the Contractor.

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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 at all times be subject to inspection by the State or Federal agency involved, or their authorized representative.

5-1.09 REMOVAL OF REJECTED AND UNAUTHORIZED WORK

All work which has been rejected shall be remedied or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed 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 suitable to produce the quality of work and materials required will be permitted to operate on the project.

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.

5-1.11 ALTERNATIVE EQUIPMENT

While certain of the Contract Documents may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to be encouraged.

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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 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. Permission for use of pa rticular 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 c onstruction or the type of material or equipment to be used up to the Contractor, it is understood that the City of Vallejo does not guarantee that every or any specified method of construction or type of material or equipment can be used successfully throughout all or any part of any project.

It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to 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

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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 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 othe rwise 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.

5-1.16 MEANS AND METHODS

City of Vallejo will not have control over, oversee, 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 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 s uch 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 wh ich 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.

END OF SECTION

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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 inspecti on, 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 Contracto r 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.
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

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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 b y the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo -furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.

6-1.03 STORAGE OF MATERIALS

Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.

6-1.04 DEFECTIVE MATERIALS

All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the 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 remed ying 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 suitabil ity of alternative articles or materials, and the Engineer's decision shall be final.

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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 Contr actor 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, n o deviations from the specifications shall be allowed.

6-1.06 PLANT INSPECTION

The Engineer may inspect the production of material or the manufacture of products at the source of supply.

Plant inspection, however, will not be undertaken until the Engineer is assured of the 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 certai n 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 involv ed 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.

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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.

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 ide ntifiable 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 spec ific 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.

END OF SECTION

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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 of 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 Contracto r 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, Sectio n 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 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, o r 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 i n 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

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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 Contra ctor 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 prevail ing 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 su bcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Divis ion 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 prov ided 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 f or the life of the Contract. Prevailing wage determinations with double

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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 cont act 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 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 element s 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.

2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available

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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 co sts of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.

C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.

E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.

F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."

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 employe e, 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 tha t 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 va lue 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.

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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."

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. C ontractors 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 Housi ng 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 Go vernment 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).

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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 information must include:

• an estimate of the journeyman hours;

• the number of apprentices to be employed; and

• the approximate dates of apprentice employment.

C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one hour of apprentice work for every five hours of journeyman labor on any day of work. (Any journeyman work performed beyond 8 hours per day or 40 hours per week shall not be used to calculate the hourly ratio).

This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or 20 working days.

The Division of Apprenticeship Standards may grant a certificate exempting the contractor from the minimum 1:5 hourly ratios under any one of the following:

Unemployment exceeds an average of 15% in the area for the previous 3-month period;

The number of apprentices in training in such area exceeds a ratio of 1:5;

The apprentice able craft or trade is replacing at least one -thirtieth of its journeymen annually through apprenticeship training, either locally or statewide;

The specific task would jeopardize the apprentice's life or public safety or no training can be provided to an apprentice by a journeyman for the specific task.

D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.

E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the California Apprenticeship Council, P.O. Box 603, San Francisco, CA 94101 (as set forth in Section 227).

F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.

All willful violations of Section 1777.5 shall pay the $50.00 fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three years for any additional violations.

Compliance disputes arising under Section 177.5 shall be adjudicated under 8 California Code of Regulations, Article 1.

G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.

Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.

H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.

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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 suc h 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.

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

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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 Contrac tor'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 cont aminated facilities, debris, waste water, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility to urge his/her personnel to observe a strict r egimen of proper hygienic precautions, including any inoculations recommended by the local public health officer.

Because of the potential danger of solvents, gasoline, and other hazardous material in the existing sewers and storm drain pipes, these areas shall be considered hazardous. The Contractor shall be aware of these dangers and shall comply with Article 108, "Confined Spaces," of the General Industrial Safety Orders contained in Title 8 of the California Administrative Code.

In the event that this Contract requires the excavation of any trench or trenches in excess of five feet in depth, Contractor shall prepare a detailed design plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker pr otection 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 Constructi on 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

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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 limit ed 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:

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. I n 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 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

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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 t hroughout 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 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 Specificat ions 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 n ot required.

7-1.01G(5) REFERENCE PUBLICATIONS

Reference publications are as follows:

1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009 - 009-DWQ adopted on September 2, 2009. Available at: the following website:
http://www.swrcb.ca.gov/board_decisions/adopted_orders/water_quality/2012/wqo2012_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.

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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 s tation 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 cov er 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 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 vol ume 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 p ump 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 Flood and Wastewater District (VFWD) 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 d irt 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 an d 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

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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 weatherstore 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.

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 s hall 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 or equipment may be cleaned only with water in a designated, bermed area of adequa te 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 VFWD 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.

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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 a ppropriate 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.

f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made.

g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on -site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-1.01G(11) Spill Prevention and Control.

h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-1.01G(13) Contractor Training and Awareness.

i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sedim ent 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.

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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.

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 a voided 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 therefor.

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

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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 Cartwrigh t 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 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 existi ng 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.

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 c ertificate 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.

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.

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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 Con tract. 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.

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 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.

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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.

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 acr oss 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 dam age 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 sufficie nt 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

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4-1.03D.

Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or 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 t he 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 th e 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. Temporary 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 Temporary 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.

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.

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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 California Manual on Uniform Traffic Controls. Devices 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 temporary traffic control devices or any construction area signs and temporary 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.

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 e xtend 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 reflectoriz ed 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 a ll 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.

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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 pursuan t to Section 5 -1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.

Should the Contractor appear to be neglectful or negligent in furnishing warning devices 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 a nd 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 fro m 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 C ontrol 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 conditio ns 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.

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

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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 Cit y 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 th e 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, "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 subcontract or, 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, C ity of Vallejo, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;

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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.

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

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 agents, representatives, employees, or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

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4. Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear. Property Installation Floater coverage is also acceptable in lieu of Builder Risk policy. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Vallejo’s site.

5. Professional Liability (or Errors and Omission) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. 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 of Vallejo.

4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

5. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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CLAIMS MADE POLICIES
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

WAIVER OF SUBROGATION
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.

VERIFICATION OF COVERAGE
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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PAYMENT WITHHOLD
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.

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 effectiv e 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 th e 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, 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 r etentions 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.

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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."

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, th e 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 di sposal 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 t hat 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 m aterials 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 material s 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 Work," the compilation will include the documents setting forth the arrangem ent 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

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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 own er, 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 t hat 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 betw een 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 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.

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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.

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 writte n 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 respo nsibility for any reason, at the Director’s (or his delegee’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 t he 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 Contracto r'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 responsi bility 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 Ci ty 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 wh en requested.

The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.

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

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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 Occurr ence 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 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 wor k 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," e xcept 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

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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 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 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 me chanics 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

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the Contract, shall be subject to all the requirements relating to labor set forth in these Contract Documents.

7-1.22 NOT USED

END OF SECTION
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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 a ny 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 ite m 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 certi fication 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 Engin eer 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 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 sub contractor 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.

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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 und er 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 subj ect to all proper set -offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo.

8-1.03 BEGINNING OF WORK

The Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.

The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work 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 li mited 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 t hese 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

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and the special provisions.

The Contractor, Architect, City representatives 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 including but not limited to job schedules, traffic control, City policies, 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 (MS Project or Primavera P6) for review.

B. Traffic Control Plan.

C. All other material or required submittals for review. All submittals shall be in writing.

D. "Notice" to homeowners, residents, commuters and/or affected parties, per section 12-4.01A of the Technical Specifications, for review.

8-1.04 CONSTRUCTION AND MATERIALS

1. 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 all materials used in the project.

Certain specification sections may require special items or materials to be included in the submittal.

2. City Furnished Materials
The City will furnish to the Contractor free of charge for use under these Specifications the following materials:
(See Technical Specifications)

3. Water

The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $3.53 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.

4. Sequence of Construction to Maintain and Control Traffic The Contractor must submit a detailed schedule of operations and a traffic management plan to the Engineer for review and acceptance prior to starting work on the project.

See “Traffic Control” of these Specifications and the project Technical Specifications for compensation.

5. Construction Upon Private Property
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 conditio ns and provide safe access to these properties. The Contractor is prohibited from using any 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 CITY OF VALLEJO 101 CITYWIDE SLURRY SEAL – PW9745
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.

6. Watermain Tie-Ins
If a watermain tie -in is required, work shall conform to City Standard Specification Section 4.3.9, "Connecting to Existing main" including, but not limited to the following or as directed by the Engineer:

A. The Contractor is responsible for calling the City Maintenance Division at (707) 648 -4529 when they are ready to perform the tie -in, (Maintenance requires 48 hours’ notice). The Maintenance Inspector shall be present before, during, and after the tie -in is completed, to ensure that the trench is completely back filled before the water is turned on. If the Contractor fails to coordinate the tie-in with the Maintenance Inspector, the said tie-in will not be accepted.

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.

7. As-Built Drawings
The Contractor shall always keep an up to date complete and accurate set of record prints, which shall be corrected regularly, showing every change from the Contract Documents, including all addendums, Change Orders, RFIs, etc. Upon completion of the work , a set of as-built prints shall be made by the Contractor after consultation with the 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.

8. Hazardous Waste in Excavation
If the Contractor encounters material which the contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. All work in the immediat e area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling work 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.

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.

9. Changed Conditions
a. Differing Site Conditions
The requirements specified in Section 4-1.06 of the State Standard Specifications for differing site conditions apply to this project.
b. Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather,

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the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not inva lidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such othe r work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased more than 125 percent, or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion more than 125 percent of the original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 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 ord er 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.

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 cond itions 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

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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 suspend ed, 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 d ays 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 doe s become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.

If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-1.06, "Time of Completion."

No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.

Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays."

In the event of a suspension of work under any of the conditions set forth in this Section 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

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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 t he 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 workin g 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 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 Contr act 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 Cit y 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 wi ll 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 he rein 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 co mpletion 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

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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.

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 Contrac t; 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 relin quishment 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 a t 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 immedia tely 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 ($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 s urety 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

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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 unavoida ble, 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.

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 d etermined 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,

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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 coordinate d 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 Contractor shall not be reimbursed for the costs for coordinating with the utility, railroad and non-highway facilities.

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.

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. Th e 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

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result of underground main or trunk line facilities which were not 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 au thorize 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 (excludi ng 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.

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 whic h 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.

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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 En gineer 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.

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 t he 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 compl iance 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

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been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.

3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.

4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8 -1.11, shall be open to inspection or audit by representatives of the City of Vallejo at all times af ter 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 subjec t to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.

8-02 SCOPE OF WORK

The Project is located in various streets throughout the City of Vallejo. See Appendix A for project location.

The work embraced herein will be done in accordance with the Contract Drawings and Specifications, the 2018 Standard Plans and Specifications of the California Department of Transportation, and the City of Vallejo Standard Specifications and Standard Plans dated December 2011.

The work to be done includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITYWIDE SLURRY SEAL in accordance with the Contract Documents.

For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances, and services required to completely execute the work as set forth in the Contract Documents

END OF SECTION

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SECTION 9: MEASUREMENT AND PAYMENT

9-1.01 MEASUREMENT OF QUANTITIES (NOT USED)

9-1.015 FINAL PAY ITEMS

When an item of work is designated as (F) or (S -F) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures in Section 5.1 -1.22, "Measurement." If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as (F) or (S-F) in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensi ons 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 l oss 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 descripti on 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:

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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 conforma nce with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services."

To the total of the direct costs computed as provided in Sections 9 -1.03A(1), "Labor," 9 -1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.

The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8-1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work including 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 Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labo r 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.

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9-1.03A(2) MATERIALS

The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.

Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:

9-1.03A(2A)

If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken.

9-1.03A(2B)

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 w holesale 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).

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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 Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9 -1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.

Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job sit e 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 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 oth er 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

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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 0.5-hour of operation.

B. When daily rates are listed, less than 4 hours of operation shall 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 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 Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:

A. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.

B. The City of Vallejo will pay the costs of loading and unloading the equipment.

C. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.

D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at 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

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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 for 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 provided above, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.

9-1.03A(3C) OWNER-OPERATED EQUIPMENT

When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

A. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."

B. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the rates for that la bor 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 conforma nce 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.

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The rental rates listed for dump trucks in the Caltrans publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.

To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor. No separate markup will be made for labor.

The provisions in Section 9-1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.

9-1.03B WORK PERFORMED BY SPECIAL FORCES OR OTHER SPECIAL SERVICES

When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.

9-1.03C RECORDS

The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.

From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used and shall state the direct cost of labor and the charges for equipment 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 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 su bject to review and approval by the Engineer for conformance to the Contract Documents prior to payment. The City reserves the right to adjust the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance , even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.

The Engineer will compare the Engineer's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, the reports shall become the basis of payment for the work performed but shall not preclude subsequent adjustment based on a later audit by the City of Vallejo.

The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or

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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 pa yment 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 bas is and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 9 -1.06, "Partial Payments."

The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.

9-1.04 (BLANK)

9-1.05 STOP NOTICES

The City of Vallejo may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.

9-1.06 PARTIAL PAYMENTS

The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer.

The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo -furnished forms properly filled out and executed, including accompanyin g documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.

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Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict ac cordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.

If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.

Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipme nt related to the work.

Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City of Vallejo may withhold from payment, on account of any of the following:

• Defective work not remedied.

• Third-party claims against Contractor or City of Vallejo arising from the acts or omissions of Contractor or subcontractors.

• Stop notices.

• Failure of Contractor to make timely payments due to subcontractors for material or labor.

• A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid.

• Damage to the City of Vallejo or others for which Contractor is responsible.

• Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay.

• Failure of Contractor to maintain, update, and submit record documents.

• Failure of Contractor to submit schedules or their updates as required by the Contract Documents.

• Performance of the work by Contractor without properly processed shop drawings.

• Liquidated damages assessed.

• Any other failure of the Contractor to perform its obligations under the Contract Documents.

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By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price. Contractor und erstands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City of Vallejo's abi lity to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.

Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):

Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and

Less amounts previously paid.

9-1.065 PAYMENT OF WITHHELD FUNDS

Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vallejo, securities equivalent to the amount withheld. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Alternatively, upon the Contractor's request, the City of Vallejo will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escro w agent from the City of Vallejo.

Alternatively, and subject to the acceptance by the City of Vallejo, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent. Upon written request of an escrow agent that has not been approved by the City of Vallejo under subdivision (c) of Section 10263 of the Public Contract Code, the City of Vallejo will provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. The payments will be deposited in a trust account with a Federally chartered bank or savings association within 24 hours of receipt by the escrow agent. The Contractor shall n ot place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section 17314 of the Financial Code. In all respects not inconsistent with subdivision (c) of Section 10263 of the Public Contract Code, the remaining provisions of Section 10263 of the Public Contract Code shall apply to escrow agents acting pursuant to subdivision (c) of Section 10263 of the Public Contract Code.

Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest -bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by the Contractor and the City of Vallejo.

The escrow agreement used pursuant to this Section 9 -1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.

The Contractor shall obtain the written consent of the surety to the agreement.

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9-1.07 PAYMENT AFTER ACCEPTANCE

After the work has been accepted in writing by the Director, as provided in Section 7 -1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9 -1.07.

9-1.07A PAYMENT PRIOR TO PROPOSED FINAL ESTIMATE

After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Val lejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of t he proposed final estimate and payment thereon.

9-1.07B FINAL PAYMENT

After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.

The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of bus iness of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of busines s of the next business day.

No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.

On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo w ill pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 7-1.17, "Acceptance of Contract”. That final estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.

If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the su m so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.

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9-1.07C CLAIMS

The Claims procedures set forth in this section 9 -1.07C are in addition to any claims procedures or rights available to Contractor pursuant to California Public Contract Code section 20104 -20104.6 or California Public Contract Code section 9204 and Contrac tor’s exhaustion of its administrative remedies pursuant to this section 9-1.07C is a condition precedent to Contractor pursuing any claim pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204

A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.

In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9 -

1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim s ubmission requirements.

A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any.

The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.

Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.

If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.

The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall hav e access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.

The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and

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other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's co st.

The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the documents, records and materials specified in this section.

B. Disputes

Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.

All issues regarding the interpretation of the drawings or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the drawings or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.

Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.

C. Delays. As used herein, the following terms shall have the following meanings:

"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.

"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and n ot within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price.

Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption.

"Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.

The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a

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Compensable Delay, subject to the following:

1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.

2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcusable Delay.

3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.

4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract Sum in an amount equal to: (1) the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of t he Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay; or (2) the Contractor’s Daily Delay Damages set forth in the Bid Form, whichever is less. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. Ther e shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time.

The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.

Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work but shall diligently proceed with performance of the work in accordance with the Contract Documents.

Contractor agrees that the daily Contractor Daily Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindran ce, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Daily Delay Damages within the Proposal Form is solely for the purpose of determining the low Bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any Contractor Daily Delay Damages except as provided for in these Contra ct Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the Daily Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

D. Claim Procedures. Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor

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must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor pro ceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.

The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form spec ified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim.

The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.

If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document t itled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.

All Claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.

Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim a nd render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Cod e.

Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9 -

1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages. Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 9-1.03 of these provisions.

E. Claim Format. The Contractor shall submit the Claim justification in the following format:

1. Cover letter and certification of the accuracy of the contents of the Claim;

2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;

3. List of documents relating to Claim including drawings, specifications, clarifications/requests for information, schedules and others;

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4. Chronology of events and correspondence;

5. Analysis of Claim merit;

6. Analysis of Claim costs;

7. Attached supporting documents referenced in Item 3.) above.

F. Exclusive Remedy. The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents.

This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, brea ch or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor wai ves all claims of waiver, estoppel, release, bar, or any other type of excuse for non -compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to t he right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.

G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non - binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the d ate of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared.

9-1.075 FALSE CLAIMS

California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.

Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the da mages of the political subdivision, plus a civil penalty, plus costs.

All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:

I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE

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LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE

THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE;

THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING

TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR

CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.

Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.

Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the Cit y of Vallejo within the meaning of the California False Claims Act.

Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon.

That final estimate shall be concl usive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.

9-1.08 (BLANK)

9-1.09 CLERICAL ERRORS

Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9 -1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contracto r and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 9 -1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made.

9-1.10 (BLANK)

9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO

The right of general supervision shall not make the Contractor an agent of the City of Vallejo, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.

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9-1.12 THIRD-PARTY CLAIMS

The Contractor shall be responsible for all third -party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract.

9-1.13 GUARANTEE

Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense.

The City of Vallejo is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior noti ce to the Contractor or surety, and the Contractor shall pay the entire costs thereof.

9-1.14 MISCELLANEOUS PROVISIONS

This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.

This Contract shall be governed by the laws of the State of California.

If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.

Contractor hereby assigns to City of Vallejo all its first -tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City of Vallejo in writing, and only as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.

The provisions of the Contract Documents shall be included in all subcontracts.

9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.

Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:

§ 20104. Application of article; provisions included in plans and specifications.

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(i) (1) This article applies to all public works claims of three hundred seventy -five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.

(ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.

(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.

(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article.

(iv) This article applies only to contracts entered into on or after January 1, 1991.

§ 20104.2. Claims; requirements; tort claims excluded.

For any claim subject to this article, the following requirements apply:

(v) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.

(vi) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional doc umentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period no greater than that taken by the claimant in producing the additional information, whichever is greater.

(vii) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within

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a period no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

(viii) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon request, the local agency shall schedule a meeting and confer c onference within 30 days for settlement of the dispute.

(ix) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tit le 1 of the Government Code. For purposes of those provisions, the running of the period within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

(x) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses

The following procedures are established for all civil actions filed to resolve claims subject to this article:

(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selec tion within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15 - day period, any party may petition the court to appoint the mediator.

(ii) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no ev ent shall these fees or expenses be paid by state or county funds.

(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment

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of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

§ 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or judgments

(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

9/1.16 Public Contract Code section 9204

Public Contract Code section 9204 requires that the following language be set forth in the specifications:

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charte r city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the

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public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.

(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

(v) The Military Department as to any project under the jurisdiction of that department.

(vi) The Department of General Services as to all other projects.

(vii) The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after th e 45 -day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and con fer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or

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certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.

Any disputed portion of the claim, as identified by the contract or in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate regarding the disputed portion of the claim. Each party s hall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotia tion or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla im that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding regarding the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower ti er subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

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(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes, or extends that date.

END OF SECTION

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SECTION C - WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates

In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations (DIR) has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk and available at the DIR website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her Subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the lo cality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City FIFTY DOLLARS ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 1/1/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 90 days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Record

In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours w orked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor in connection with this project. This payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative

B. City's representative

C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the

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above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non -compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non - compliance is still evident after the ten -day period, the Contractor shall, as a penalty, forfeit to the City TWENTY-FIVE DOLLARS ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates

Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications at the rates listed in the EQUIPMENT RENTAL RATES TABLE of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the City Engineer's Office and available at the Caltrans website:
https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge

END OF SECTION

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SECTION D - TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS
PAGE
SECTION 10: GENERAL CONSTRUCTION……………………………………..…………………………………….138 10-01 ORDER OF WORK ......................................................................................................................................................................138 10-02 MOBILIZATION .........................................................................................................................................................................139 10-03 DUST CONTROL ........................................................................................................................................................................139 10-04 WATER POLLUTION CONTROL ..................................................................................................................................................139 10-05 DAMAGE REPAIR ......................................................................................................................................................................140 10-06 DIGOUT REPAIRS ......................................................................................................................................................................140 10-07 PROGRESS SCHEDULE ...............................................................................................................................................................142 10-08 OBSTRUCTIONS ........................................................................................................................................................................142 10-09 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION ..........................................................................................................143 10-10 UTILITY ADJUSTMENTS .............................................................................................................................................................143 SECTION 11: TEMPORARY TRAFFIC CONTROL .............................................................................................. 144 11-01 TRAFFIC AND PEDESTRIAN CONTROL .......................................................................................................................................144 11-02 TEMPORARY PAVEMENT DELINEATION ...................................................................................................................................146 SECTION 12: CLEARING, GRUBBING AND REMOVALS ................................................................................. 148 12-01 CLEARING, GRUBBING AND REMOVALS ...................................................................................................................................148 12-02 CRACK SEALING ........................................................................................................................................................................148 12-03 TREE TRIMMING INCLUDING CERTIFIED ARBORIST ..................................................................................................................151 12-04 REMOVAL OF OIL DEPOSITS .....................................................................................................................................................151 12-05 CLEANUP…... .............................................................................................................................................................................151 SECTION 13: SLURRY SEAL (TYPE II WITH BLACK ROCK) ........................................................................... 153 13-01 SLURRY SEAL (TYPE II WITH BLACK ROCK) ................................................................................................................................153 13-02 MATERIAL.. .............................................................................................................................................................................. 153 13-03 CONSTRUCTION ............................................................................................................................................................................156 SECTION 14: TRAFFIC STRIPING, MARKINGS AND MARKERS ..................................................................... 160 14-01 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS ..........................................................................................................160 14-02 REMOVE PAVEMENT MARKERS ...............................................................................................................................................160 14-03 TRAFFIC STRIPES AND PAVEMENT MARKINGS .........................................................................................................................160 14-04 PAVEMENT MARKERS...............................................................................................................................................................161 14-05 STRIPE – CENTERLINE (CALTRANS DETAIL 1) ............................................................................................................................161 14-06 STRIPE – CENTERLINE (CALTRANS DETAIL 2) ............................................................................................................................161 14-07 STRIPE – CENTERLINE (CALTRANS DETAIL 9) ............................................................................................................................162 14-08 STRIPE – CENTERLINE (CALTRANS DETAIL 21) ..........................................................................................................................162 14-09 STRIPE – CENTERLINE (CALTRANS DETAIL 22) ..........................................................................................................................162 14-10 STRIPE – LEFT EDGE LINE (CALTRANS DETAIL 24) .....................................................................................................................163 14-11 STRIPE – LEFT EDGE LINE (CALTRANS DETAIL 26B) ...................................................................................................................163 14-12 STRIPE – RIGHT EDGE LINE (CALTRANS DETAIL 27B) ................................................................................................................163 14-13 STRIPE – MEDIAN ISLAND (CALTRANS DETAIL 29) ....................................................................................................................163 14-14 STRIPE – CHANNELIZING LINE (CALTRANS DETAIL 38 AND 38B) ..............................................................................................164 14-15 STRIPE – BIKE LANE (CALTRANS DETAIL 39) .............................................................................................................................164 14-16 STRIPE – THERMOPLASTIC PAVEMENT MARKINGS ..................................................................................................................164 14-17 STRIPE - 4” THERMOPLASTIC (WHITE) ......................................................................................................................................164 14-18 STRIPE - 12” THERMOPLASTIC (WHITE) ....................................................................................................................................165 14-19 STRIPE - 24” THERMOPLASTIC (WHITE) ....................................................................................................................................165 14-20 STRIPE - 12” THERMOPLASTIC (YELLOW) ................................................................................................................................165 14-21 STRIPE - 24” THERMOPLASTIC (YELLOW) .................................................................................................................................166 14-22 BLUE HYDRANT MARKERS ........................................................................................................................................................166 SECTION 15: FIBERIZED MICRO-SURFACING ................................................................................................. 167 15-1 MATERIALS………………………... ................................................................................................................................................... 167 15-2 MIX DESIGN…………… ............................................................................................................................................................... 167 15-3 VEGETATION TRIMMING ..........................................................................................................................................................169 15-4 MIXING AND SPREADING EQUIPMENT.....................................................................................................................................169 15-5 TACK COAT…………… ................................................................................................................................................................. 170 15-6 PREPARATORY WORK ...............................................................................................................................................................170 15-7 PLACING………………………………………………………………………………………………………………………………………………………………..…………....179 15-8 POST SWEEPING .......................................................................................................................................................................171 15-9 REPAIR OF EARLY DISTRESS ......................................................................................................................................................172