Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2024–25) 14
2. Reference the Authorizing Resolution by number.
3. Include the job title of the designee and the scope of the designee’s authority.
4. Include the time period during which the designee may exercise the authority.
5. Be signed and dated by the Signature Authority.
The des
ignee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2025, then the Letter of Designation may not be effective beyond December 31, 2025.
Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2024–25) 15 Electronic and Original Signatures
CalRecycle requires certified e-Signature or original wet signature on documents or forms that certify legally binding information.
N
ote: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be completed using the “Fill and Sign” function within Adobe. Any document using the “Fill and Sign” function is considered incomplete and may be sent back to the applicant.
O
nce the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to CAPRS. Retain the original document for potential CalRecycle audits. See Audit Considerations Section of the Procedures and Requirements document for more information.
I
f you have questions, email [email protected].
Funding Request Review and Award Process
Funding Request Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.
Funding Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for February 2025. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested.
Ca
lRecycle reserves the right to not award any payment program funds under one or more cycles.
Award Conditions
When awarded, this grant will be subject to two conditions:
1. The recommended jurisdiction must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, by the RFA Award date.
2. The recommended jurisdiction’s Signature Authority (or their delegated signature authority) must sign and return the Funding Request Certification to CalRecycle.
CalRecycle must receive the signed Funding Request Certification by the Funding Request due date.
Fai
lure to comply with either condition will void the award.
Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2024–25) 16 Program Administration
Reporting Process
Expenditure reporting is a requirement for ongoing eligibility for the Program. Recipients must spend the Program funds by January 5, 2027 with a reporting due date of February 2, 2027. Recipients must meet CalRecycle’s online reporting requirements.
Recipients may submit an Expenditure Report once all Program funds have been spent but no later than February 2, 2027. Failure to meet this reporting due date may result in the denial of future Beverage Container City/County Payment Program funding and/or collection of unspent/unreported Beverage Container Recycling City/County Payment Program funds.
R
eport all expenditures through CAPRS. Supporting documentation and proof of payment for all expenditures will be required. Failure to account for funds or ineligible expenditures may result in requiring reimbursement from or forfeiture of Beverage Container Recycling City/County Payment Program funds.
N
ote: The final date to submit an Expenditure Report and/or repayment to CalRecycle for unreconciled City/County Payment Program funds, is March 2, 2027. Failure to meet this deadline may result in recipients being denied future Beverage Container Recycling City/County Payment Program funding or other CalRecycle funding opportunities.
S
emi-Annual Reporting for AB 506
If your jurisdiction indicated that it was participating in mediation mandated by AB 506, filed for bankruptcy, or declared fiscal emergency, CalRecycle will request you submit a Semi-Annual Report. This report will track your progress as you expend your Program funds. You will be required to submit an Expenditure Report.
U
nspent Funds
Unspent Program funds at the end of the term must be reimbursed by check to CalRecycle within 45 days of that date. Notify your CalRecycle Regional Representative if you will be sending in a check. The check will need to be labeled as City County Payment Program Unspent Funds for FY 2024
–25 and mailed to:
Ca
lRecycle, Accounting
P.O. Box 4025
Sacramento, CA 95812-4025
I
f there are questions or concerns related to expenditures, contact your CalRecycle Regional Representative
(https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/).
N
ote: Program funds due to CalRecycle but left unpaid may result in a recipient not being eligible for future funding.
Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2024–25) 17 Payment Request Process
CalRecycle will approve Funding Requests and authorize the State Controller’s Office to make payments to each city and county. The warrant will arrive without a cover letter to the city or to the county treasurer. Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the Program shall be used for eligible expenses related to the performance of this Agreement. Pursuant to PRC section 14581(a)(3)(F), CalRecycle may withhold payment to any city, county, or a city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000.
E
xpenditure Payments
Expenditures must be incurred no earlier than the date of the award and no later than January 5, 2027. Proof of payment for expenditures incurred must occur and be submitted no later than February 2, 2027.
Records Retention and Audit Consideration
Recipients are responsible and accountable for all Program funds; therefore, it is essential that adequate supporting documentation and a clear paper/audit trail are maintained. The accounting of Program funds must be maintained in a manner that provides clear and separate tracking of funds and related transactions for fiscal program management and audit purposes.
C
alRecycle, the Department of Finance, the California State Auditor, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of Program funds; and shall have the right to interview staff relevant to the audit. Examples of supporting documentation subject to audit include:
• Expenditure ledgers.
• Paid warrants.
• Travel logs.
• Payroll register entries.
• Time sheets.
• Contracts or change orders.
• Samples/pictures of items and materials developed with Program funds. • Invoices, receipts, cancelled checks.
Supp
orting documentation must clearly identify all eligible expenditures related to beverage container recycling and litter cleanup activities. All such records shall be maintained for possible audit for a minimum of three (3) years after the Program term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.
Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the Agreement.
Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2024–25) 18 Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their CalRecycle Regional Representative to determine if CalRecycle can be of assistance.
Indemnity
Recipient agrees to indemnify, defend and save harmless the state, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the Program.
Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.
How to Reach Us
Your CalRecycle Regional Representative’s contact information is in CAPRS on your Funding Request page. This is the best contact for any questions about the Program.
D
epartment of Resources Recycling and Recovery
Grant and Payment Unit 5
1001 I Street, MS 9A
Sacramento, CA 95814
Email: City County Payment Program ([email protected])
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 1
April 2024
Department of Resources Recycling and Recovery
Used Oil Payment Program Guidelines
Cycle 15 (OPP15) Fiscal Year 2024–25
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 2
Table of Contents
Overview and Statutory Authority ................................................................................... 4 Timeline and Cycle Activity .............................................................................................. 4 Eligible Applicants ............................................................................................................ 5 Individual Application ....................................................................................................... 5 Regional Application ........................................................................................................ 6 Joint Powers Authority Application Requirements .......................................................... 6 Available Funds ................................................................................................................ 6 Public Records Requests ................................................................................................ 6 Confidentiality ................................................................................................................... 7 Application Instructions ................................................................................................... 8 Application Access ........................................................................................................... 8 LoGOPP Tabs - Application Contents and Instructions ................................................. 8 Program Requirements Tab......................................................................................... 8 Contacts Tab ................................................................................................................ 8 Address Tab ................................................................................................................. 9 Participating Jurisdictions Tab ..................................................................................... 9 Documents Tab ............................................................................................................ 9 Application Submittal and Deadline ............................................................................... 10 Application Documents .................................................................................................. 11 CalRecycle Documents.................................................................................................. 11 Application Certification.............................................................................................. 11 Applicant’s Required Authorization Documents ............................................................ 11 Individual Application Authorization Documents ....................................................... 12 Regional Application Authorization Documents ........................................................ 12 Joint Powers Authority Agreement ............................................................................ 13 Letter of Designation .................................................................................................. 13 Electronic and Original Signatures ................................................................................ 14 Review and Award Process............................................................................................ 14 Application Review Process .......................................................................................... 14 Payment Award Process ............................................................................................... 14 Payment Award Conditions ........................................................................................... 14 Notice of Award .............................................................................................................. 14 Application Revisions ..................................................................................................... 15 Disqualification of Application ........................................................................................ 15 Term and Payments ........................................................................................................ 15 Eligible Costs.................................................................................................................. 15 Expenditures .................................................................................................................. 15 Expenditures Requiring Approval .................................................................................. 16 Pre-Approved Expenditures........................................................................................... 16 Stormwater Mitigation .................................................................................................... 18 Ineligible Costs ............................................................................................................... 18 Publicity, Education, and Outreach ............................................................................... 20 Acknowledgement .......................................................................................................... 20 Graphics ......................................................................................................................... 21 Certified Collection Center (CCC) Site Visit Requirements .......................................... 21 Annual Reporting ........................................................................................................... 21 Expenditure Reporting ................................................................................................... 22 Unspent Funds ............................................................................................................... 22
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 3
Audit, Accounting, and Records Retention ................................................................... 22 Real and Personal Property Acquired with OPP Funds ............................................... 23 Discretionary Termination .............................................................................................. 24 Termination for Cause ................................................................................................... 24 Indemnity ........................................................................................................................ 24 Compliance .................................................................................................................... 24
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 4
Submittal of a Used Oil Payment Program (OPP) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for OPP funds and for annual reporting. The application and these Guidelines shall constitute the OPP Agreement.
Overview and Statutory Authority
The Department of Resources Recycling and Recovery (CalRecycle) offers the Used Oil Payment Program pursuant to Section 48600 of the Public Resources Code.
The California Public Resources Code (PRC) section 48600 et seq. describes the California Oil Recycling Enhancement Act (Act), which, among other things, provides up to $11 million annually in payments to local governments for implementation of local used oil and filter collection programs. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines describe the application and administrative processes to implement the OPP Cycle 15.
Payment Recipients (recipients) are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Note: The anticipated amount for FY 2024–25 is $6,000,000. The amount available is subject to change, based on the availability of oil funds.
This resource document provides applicants with instructions to access and complete the application online and information about the administration of the Used Oil Payment Program. The web-based application is in CalRecycle’s
Local Government Oil Payment
Program (LoGOPP) (ht tps://secure.calrecycle.ca.gov/LoGOPP ). The applicant will need to sign in to LoGOPP to complete and submit an application.
Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for grant administration and any entity that will receive and control grant funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant) . • “You” refers to a person who is completing the application on behalf of the Applicant.
Timeline and Cycle Activity
June 26, 2024: Application Due Date
• Applicants must submit applications in LoGOPP by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.
July 24, 2024: Secondary Due Date
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 5
• Approved Resolution and any other applicable Applicant’s Required Authorization Documents m ust be uploaded in LoGOPP by this date if they were not submitted with the application.
Spring 2025 (tentative): Payments Awarded
• Unless an early payment is requested by the applicant and subsequently approved by CalRecycle.
July 1, 2024–June 30, 2026: Cycle Term
August 15, 2025 and August 15, 2026: Annual Report Due Dates • Due no later than August 15 of each year during performance period. If the due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday.
Eligible Applicants
Applicants are limited to local governments, which are defined in statute as "any chartered or general law city, chartered or general law county, or any city and county." CalRecycle may make a payment to another entity that will implement the program on behalf of a local government (in lieu of making a payment to that local government) with the agreement of that local government.
Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for and, if approved, receive payment through the OPP. Applicants must have a used oil collection program which provides either of the following or a combination of the two:
• Ensures there is at least one certified used oil collection center (CCC) for every 100,000 residents not served by curbside collection.
• Provides used oil curbside collection at least once a month.
In addition to meeting at least one of the requirements above, applicants must have a public education component that informs the public of locally available used oil recycling opportunities.
California Labor Code section 1782
prohibits a charter city from receiving state funding
or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or a participating entity is a charter city prohibited from receiving state funds for their project, the award will be terminated, and any disbursed OPP funds shall be returned to CalRecycle.
Individual Application
An Individual Application is one in which a single eligible entity will be responsible for the payment program implementation. The applicant in an Individual Application will be responsible for the performance of the payment program and all related documentation.
In addition, the applicant will be the only entity receiving any real or personal property that is purchased with these funds.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 6
Regional Application
Local governments may join together in a R egional Application in which two or more eligible jurisdictions join together for the purpose of project implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. An entity that is not a local government, such as a district, can be delegated as a Lead but is not eligible to join as a participant. The Lead Participant is the applicant, and if awarded, will be responsible for the performance of the payment program and all required documentation. CalRecycle will direct all official correspondence and payments to the Lead Participant. If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually.
Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) must submit an application as an individual applicant and identify all JPA members as Non-Lead Participants in the application’s Applicant/Participating Jurisdiction Tab. A member of the JPA may not submit an individual application if that entity is also a member of a JPA that has applied. In addition to the requirements for an Individual A pplication, a JPA must upload a copy of its JPA Agreement.
The JPA Agreement must:
1. Give authority over used oil management.
2. List all member entities.
3. Contain the signature of all members .
Available Funds
• $ 6,000,000 is available for this cycle, fiscal year 2024–25, subject to funding availability.
• Payments are calculated per capita using the Department of Finance’s population statistics.
• Small jurisdictions will be provided a minimum award of $5,000 for cities and $10,000 for counties.
Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public .
In general, all records in the possession of a s tate agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure .
Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page
(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/ ).
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 7
Confidentiality
The following describes the treatment of certain confidential or proprietary information under the California Public Records Act ( Government Code 7920.000 et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.
Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041 –17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.
Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041– 17046.
However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non- financial documents) as confidential if they do not fall within the categories of protected financial documents listed above.
What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential . The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.
What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access .
Records no longer needed to provide the services offered under the grant program are periodically destroyed, when allowed by audit policies and state law.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 8
Application Instructions
Application Access
The application is available in CalRecycle’s web-based Local Government Oil Payment Program (LoGOPP). Access to LoGOPP is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (https://secure.calrecycle.ca.gov/WebPass/ ). After activating your account, you can request access to LoGOPP by emailing [email protected] .
To start an application:
1. L og in to LoGOPP (https://secure.calrecycle.ca.gov/LoGOPP ).
2. Select Applications on the left.
• OPP cycles are displayed in a table.
3. Click the Add Application button on the top right.
4. The application then opens to the Program Requirements tab.
LoGOPP Tabs - Application Contents and Instructions
The components of the application are divided into tabs . To fill out an application, click on each tab and complete the sections in each tab as required. General directions are on the top of each tab, and detailed information about the requirements for each tab is listed below.
The applicant is responsible for submitting a complete application. This includes signing documents, uploading required documents, and submitting the application by the due date(s). Failure to do so will result in disqualification from the Used Oil Payment Program.
Examples of disqualifications may include:
• Applicant does not meet the eligibility requirements . • Applicant fails to use required CalRecycle documents or forms . • Applicant uploads incomplete or blank documents to the Documents tab. • Signature Authority fails to sign Application Certification or any document that requires a signature.
• T he online application is incomplete or missing information .
Program Requirements Tab
This tab provides a summary of the application, due dates, program requirement questions, payment options, resource documents and links, and the submit application button (once the minimum requirements are complete) . It is the applicant’s responsibility to submit all required documents, based on the individual application/project, by the appropriate due date.
Contacts Tab
CalRecycle requires the application to have only one Primary Contact and at least one Signature Authority. Contact’s will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are up-to-date; otherwise, you can add, edit, or delete contacts before you submit your application.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 9
• Primary Contact. One person who the Signature Authority or their designee has authorized to manage and oversee the program . This person will be the first contact with whom the Program Advisor will communicate. • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority or their designee) as the alternate person with whom the Program Advisor will communicate. (Not required.)
• Signature Authority. The person(s) authorized to sign CalRecycle documents, such as applications, annual reports , etc., as authorized by a board/council- adopted Resolution and Letter of Designation (if applicable). • Consultant. A professional who provides advice in a n area of expertise. If CalRecycle awards a payment to the applicant, the consultants may manage the program or only conduct specific activities, based on a written agreement between the applicant and the consultant outlining work to be performed. (Not required.)
Address Tab
All applicants are required to enter a physical address and a payment address. There is also an option to add a mailing address. Click Add Address, then enter the information in the required fields. Enter the street number and address in the Address Line 1 field, and if applicable, the suite number in the Address Line 2 field. If a single address has more than one address type, you may select the appropriate address types and enter the address only once. If an applicant has multiple addresses with different address types, create a new address for each type .
Participating Jurisdictions Tab
Only regional applicants or individual Joint Power Authorities (JPA) applicants are required to use this tab. Individual applicants that are not JPAs will not use this tab.
Only local governments are eligible as participating jurisdictions in a regional application. Select the name of each eligible participating jurisdiction, or each JPA member participating in the application, and move them to the left.
Documents Tab
When uploading a document, enter a document title, select the appropriate document type from the drop-down list. Click the “Browse” button to locate the document you wish to upload. Once you have fished, click the “Save” button. See the Authorizing Documents section below.
After all the required application documents are uploaded, return to the Program Requirements tab and print the Application Certification. The applicant must obtain a certified e-Signature or wet ink signature from the authorized Signature Authority (identified in your Resolution or Letter of Designation), scan the signed document, upload it to LoGOPP, and retain the original hard copy document for potential CalRecycle audits.
An important OPP15 application approval requirement includes the submittal of the following:
1. Submit a completed annual report in LoGOPP for OPP13 and/or OPP14 by the due date (see Timeline and Cycle Activity
section for due date).
2. Have no outstanding debt(s) owed to CalRecycle.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 10
Return any unspent funds from the closed Cycle 13 to CalRecycle by August 15, 2024 (see Unspent Funds section).
If you have any questions regarding the application contents and instructions, you may call (916) 341-6809 or send an email to [email protected] . Technical assistance will be available until 4:00 p.m. on the application due date ; however, there is no guarantee CalRecycle will be able to provide support if there is an influx of inquiries.
Application Submittal and Deadline
The Submit Application button will be enabled after the Application Certification has been uploaded.
Click the Submit Application button and the application status will change to Submitted. You can only submit the application once; however, you may upload the following documents until the secondary due date, July 24, 2024: Resolutions, Letters of Designation, Letters of Authorization, and JPA Agreements.
You must submit your application no later than 11:59 p.m. on June 26, 2024. Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected]
or calling (916) 341-6809; however, there is no
guarantee CalRecycle will be able to provide support if there is an influx of inquiries.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 11
Application Documents
Below is a list of all documents required for a complete application. Instructions on how to obtain all documents are described below.
1. Application Certification
2. Joint Powers Authority Agreement (if applicable)
3. Letter of Authorization (if applicable)
4. Letter of Designation (if applicable)
5. Resolution
CalRecycle Documents
Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application . Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents.
Note: Do not include special characters in file names. Doing so may result in automatic disqualification of your application.
Application Certification
The Application Certification is a required application document that must be generate d from LoGOPP.
After you have completed each tab of the application you will generate the Application Certification.
1. C lick “Print Application Certification” in the Program Requirements tab. a. Note: You will not be able to click “Print Application Certification” until each tab of the application is completed.
2. Signature Authority signs the Application Certification using a certified e-
signature or original wet signature.
3. U pload the signed Application Certification to the Documents tab.
Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application .
Authorizing documents are documents which are written by the applicant. The documents give the applicant permission to apply , accept payment awards, and/or name the person authorized to sign program documents on the applicant’s behalf.
Below are the requirements for each type of authorizing document. Read each one carefully to determine which document (s) fits your application and applicant type.
Note: For Resolution, Letter of Authorization, and Letter of Designation templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs ) web page. CalRecycle staff are available to answer questions about these documents or to review your draft authorization documents to ensure they meet the requirements of the program . You may email your draft authorization documents to [email protected] .
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 12
Individual Application Authorization Documents
If subject to a governing body and board approval is required to legally bind the applicant, the applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.
The Resolution must:
1. Authorize submittal of an application for a specifically named CalRecycle Payment Program or for all CalRecycle Payment Programs.
2. Identify the job titles of the Signature Authorities authorized to sign all payment program-related documents necessary to secure funds and implement the approved project(s). The Resolution may also include language authorizing the Signature Authorities to delegate authority to additional job titles. a. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.
3. Identify the time period during which the authorizations are valid, which may be “until rescinded”.
4. Be certified by the governing body.
Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.
Regional Application Authorization Documents
Regional Lead Participant
Applicant must submit a Resolution no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.
The Resolution must:
1. Authorize submittal of a Regional application on behalf of itself as Lead Participant and all Non-Lead Participants for all CalRecycle Payment Programs or for a specifically named CalRecycle Payment Program.
2. Include a provision allowing a Signature Authority to determine and submit a list of Non-Lead Participants in accordance with CalRecycle’s requirements.
3. Identify the job titles of the Signature Authorities authorized to sign all payment program-related documents necessary to secure funds and implement the approved project(s). The Resolution may also include language authorizing the Signature Authorities to delegate authority to additional job titles. a. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.
4. Identify the time period during which the authorizations are valid, which may be “until rescinded”.
5. Be certified by the governing body.
Regional Non-Lead Participant
Applicant must submit a Letter of Authorization or a Resolution no later than the secondary due date or CalRecycle will remove the Non-Lead Participant(s) from the application.
The Letter of Authorization must:
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 13
1. Be on the Non-Lead Participant’s letterhead.
2. Authorize the Lead Participant to submit a Regional Payment Program application and act as Lead Participant on behalf of the Non- Lead Participant.
3. Authorize the Lead Participant to execute all documents necessary to implement the Payment Program.
4. Specify the Payment Program Name.
5. Specify a period of validity that does not exceed five years from the date of adoption.
6. Be signed and dated by an individual authorized to contractually bind the Non- Lead Participant.
The Resolution must:
1. Authorize the Lead Participant to submit a Regional Payment Program application and act as Lead Participant on behalf of the Non- Lead Participant.
2. Specify the Payment Program Name.
3. Authorize the Lead Participant to execute all documents necessary to implement the Program.
4. Specify a period of validity that does not exceed five years from the date of adoption.
5. Be certified by the governing body.
Joint Powers Authority Agreement
Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them authority to conduct the project, listing all member entities, and containing the signature of all members. CalRecycle does not require Letters of Authorization for JPA applicants. A JPA applicant must still upload a Resolution as a part of their application and list all JPA members in the Participating Jurisdictions tab of their application .
Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.
The LOD must:
1. Be on Applicant’s letterhead.
2. Reference the Authorizing Resolution by number.
3. Include the job title of the designee and the scope of the designee’s authority.
4. Include the time period during which the designee may exercise the authority.
5. Be signed and dated by the Signature Authority.
The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 202 5, then the Letter of Designation may not be effective beyond December 31, 2025.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 14
Electronic and Original Signatures
CalRecycle requires certified e-Signature or original wet signature on documents or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be completed using the “Fill and Sign” function within Adobe. Any document using the “Fill and Sign” function is considered incomplete and may be sent back to the applicant.
Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to GMS. Retain the original document for potential CalRecycle audits. See Audit Considerations Section of the Procedures and Requirements document for more information.
If you have questions, email [email protected] .
Review and Award Process
Application Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.
Payment Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for December 2024.
CalRecycle reserves the right to not award any funds under one or more cycles.
Payment Award Conditions
When awarded, this payment will be subject to two conditions:
1. The recommended payee must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle, within 60 days of the award email date.
2. T he recommended payee must have returned any unspent OPP funds from all closed cycles to CalRecycle by August 15, 2024 .
3. The recommended payee must have submitted a completed Annual Report in LoGOPP for their OPP Cycles by August 15, 2024. (This does not apply to new program applicants.)
Failure to comply with these conditions will void the payment program award.
Notice of Award
Upon approval of annual reports and applications, recipients will be notified by email that an OPP award has been awarded and that they are authorized to incur costs and expend funds in furtherance of their programs. Expenditures incurred prior to the award notice, but after the cycle term start date, are subject to the OPP15 Guidelines, and are
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 15
incurred at the recipient’s own risk. A listing of the award amounts for all recipients will be posted on the Used Oil Payment Program (OPP) webpage (https://calrecycle.ca.gov/usedoil/lgpayments/ ).
Application Revisions
Once approved, the recipient/regional lead is contractually bound to carry out the used oil program in accordance with the OPP Guidelines. The recipient and/or any regional participant that submitted a Letter of Authorization cannot withdraw or amend thei r application.
Disqualification of Application
CalRecycle will notify an applicant and provide the reason(s) for disqualification of an application. In such cases, potential applicants are encouraged to contact and work with CalRecycle to ensure that its jurisdiction meets the necessary requirements prior to the next application cycle.
Term and Payments
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity section for the cycle term dates) and funds must be expended or returned to CalRecycle as described in the Unspent Funds section.
Payments must be placed into an interest -bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the OPP funds shall be used only for eligible expenses related to the performance of this Agreement.
As part of the application process, an applicant may request receipt of its annual payment early (around January 2025) or in Spring (around April 2025). For CalRecycle to approve the early payment request, all funds from any previous OPP cycles must be spent. Otherwise, the standard spring payment will be issued.
Eligible Costs
All expenditures must be for the purposes of establishing and maintaining a used oil program as set forth in PRC sections 48690–48691
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sec tionNum=48691.).
Eligible costs must be incurred and accrued (if applicable) during the cycle term.
Expenditures
Used oil and used oil filter collection and recycling activities, educational activities, and mitigation of used oil in stormwater runoff are statutory components of local used oil collection programs (PRC section 48691). Accordingly, these activities should be the focus of OPP expenditures.
All expenditures are to be reported in LoGOPP for the Annual Report. Eligible expenditures must include invoice details under the Expenditure tab for each cycle.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 16
Expenditures must be paid for before submitting the Annual Report. Jurisdictions are not required to upload the invoices or proof of payment, unless requested by the program advisor.
Expenditures included in the Annual Report for an ending cycle may not be cancelled after the Annual Report is submitted. Cancelation of an ending cycle expenditure after submitting the Annual Report may impact the jurisdiction’s ability to receive future awards.
The recipient must expend all of the available funds from the oldest OPP cycle prior to spending any funds from the most recent OPP cycle. It is acceptable to split an invoice across two separate OPP cycles in order to “zero out” all funds in the oldest OPP cycle before using funds from a more recent OPP cycle. Expenditures that are split need to be clearly identified and retained in both cycle files to facilitate review and retention (refer to the Audits, Accounting, and Records Retention section).
Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be pre-approved by the CalRecycle Program Advisor using the “Expenditure Requests” option in LoGOPP prior to incurring the expense; otherwise, CalRecycle may deny the expense.
The review and approval process of an expenditure request is processed through LoGOPP only. The submitted material should be the final version. Allow at least five working days for a review.
Expenditures that require pre-approval include, but are not limited to:
• Functional items that contain any messages.
• Functional items if the total cost exceeds $25 per person, an individual item that exceeds $12, or an oil filter that exceeds $15. All cost values are before sale tax. • All television, video, radio scripts, social media, and electric/printed material for public display.
• Development, purchase, or distribution of useful educational/promotional materials informing the public about used oil and used oil filter collection and recycling.
o Examples include, but are not limited to, newspaper advertisements, brochures, flyers, utility inserts, booklet, and promotional stickers/labels. • School presentations (submit script and presentation purpose to the Program Advisor for review).
• Surveys (excluding simple surveys that are conducted at oil filter exchange events/used oil outreach booths).
• Purchase of equipment over $500 (excluding sale tax). • Any construction activity (includes improvements to facility/building(s)/site(s) directly related to used oil).
• Used oil stormwater mitigation activities pursuant to PRC section 48691 (refer to the Stormwater Mitigation
section).
• Any item that is not included on the pre- approved list below.
Pre-Approved Expenditures
The following do not require an Expenditure Request for approval:
• Maintenance of a used oil and filter program.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 17
• Curbside used oil and used filter hauling/disposal costs. • Booth rentals for used oil events. Anything less than 100 used oil related requires an Expenditure Request.
• Development, purchase and/or distribution of the following used oil program materials that have a functional purpose associated with an environmental benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change rags, new oil filters for exchanges, Ziploc -type filter bags, cardboard creepers, filter wrenches/removers, dirty filter recycling containers, maps of collection centers, and tide charts.
o If distributing these items in oil change kits, each kit cannot exceed $25 (excluding sales tax) and each item, whether it is included in the kit or distributed separately, cannot exceed $12 (excluding sales tax).
Reminder: Any messages on these functional items require an Expenditure Request.
• Used oil filter exchange activities for a free replacement oil filter of equal value (shelf price).
o Filters must not exceed $15 (excluding sales tax) and the limit is two filters per household. Vouchers/coupons may be given out for managing and tracking exchanges but must be redeemed on the same date of the event.
The oil filter cost is not counted towar ds the $25 maximum allowed for oil change kits.
• Tablet electronic devices with a maximum price of $500 (excluding sales tax) and limit of one tablet (exceptions may be approved on a case- by-case basis), used primarily for the purposes of used oil/filter public education or outreach. • Certified Unified Program Agency (CUPA) or other agency inspection fees directly related to establishing and maintaining an effective oil and oil filter collection and recycling program.
• Personal protective equipment (PPE) for used oil/filter collection activities . o Refer to the Occupational Safety and Health Administration
(https://www.osha.gov/personal-protective-equipment) for the definition of PPE. All lab fees related to testing oil samples for contamination in used oil tanks.
• Test kits and other equipment related to monitoring contaminants in oil tanks. • Hazardous Waste Operations and Emergency Response (HAZWOPER) 8- hour refresher course approved up to 10 percent of allocation. o If the total cost exceeds the 10 percent threshold, the jurisdiction will need to submit an expenditure request.
• Purchase, rental, and installation costs of portable storage containers or sheds solely for protection of oil related equipment, activities, and/or supplies. • Personnel costs directly related to OPP activities.
o Personnel time should be calculated based on documented actual time spent on OPP-related activities, should be based on the actual salary or hourly wage paid with benefits, and shall not include vacation or sick leave time. Refer to the Personnel Expenditu re Summary, CalRecycle 165 form
located on the CalRecycle Grant Forms webpage .
• Indirect/overhead costs up to 10 percent of the OPP eligible expenditures. • Registration and related travel expenses to attend HHW/Used Oil Conferences/Symposiums (for up to two attendees) and Household Hazardous Information Exchange (HHWIE).
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 18
o Staying at a hotel the night before a meeting/event is allowed only if the meeting/event begins at or before 9:00 a.m. the next morning. o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel -reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State without prior notification. Note: This limitation applies to recipients and consultants/contractors who administer and/or implement a program.
Any eligible costs not listed above require submission of an “Expenditure Request” in LoGOPP for review and approval before spending funds.
Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater mitigation expenditures are considered eligible expenses through the OPP. To be considered eligible, each jurisdiction must certify that it has a stormwater mitigation program that was approved by its local Regional Water Quality Control Board.
Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property.”
Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas.
The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that covers the opening to the storm drain inlet. (The debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media.)
• A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be covered by a grate or debris screen).
Note: Periodic clean-out of catch basin inlet inserts to replace their oil -absorbent media are eligible for OPP funding. However, street sweeping and clean- out of catch basin inlets without inserts are not eligible for OPP funding.
The Expenditure Request process is required for any used oil stormwater mitigation, including at marinas and agricultural activities.
Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection, recycling or educational activities, or mitigation of used oil in stormwater, or expenses not directly related to the recipient’s (or consultant's/contractor's) administration of the OPP are ineligible for funding.
Ineligible costs include, but are not limited to:
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 19
• Costs incurred or accrued before July 1, 2024, or after June 30, 2026. • Development, purchase, or distribution of strictly promotional give- away items Stuff We All Get (SWAG).
o Examples include, but are not limited to, key chains, letter openers, squeegee toys, coffee mugs, water bottles, Frisbees, hats, t -shirts, chip clips, pens, pencils, beanie babies, screwdrivers, coloring books, small recycling containers for pencils, magnets, dried sponges, flash drives, reusable bags, etc.
• Development or customization of school curricula.
o Exceptions may be approved on a case-by -case basis.
• Equipment or services not directly related to used oil activities. • Costs of non-PPE wears/uniforms, cost of dry cleaning, and the use of PPE is not directly related to the collection of used oil and used oil filters. • Purchase or lease of land or buildings.
• Costs currently covered by or incurred under any other loan, grant, or contract. • Remediation activities (any cleanup or restoration of polluted areas). • Purchase of data plans and/or mobile service plans/hotspots. • Costs related to applications or software for computers/mobile devices. • Costs related to website host and web page domain.
• HAZWOPER 40-hour and 24-hour courses.
• Enforcement activities.
• Preparation of Household Hazardous Waste (HHW) elements. • Construction and development of any HHW facility that does not have a used oil or used oil filter collection component.
• Construction and development of any HHW permanent facility on non -local government-owned property.
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782.
• Transportation and disposal of non- oil HHW from any facility or event. • Maintenance of equipment, materials, or supplies at HHW facilities or ABOP (antifreeze, battery, oil, and paint) facilities not directly related to the collection of used oil and used oil filters.
• Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations, including CUPA fines or penalties.
• Personnel costs not directly related to used oil activities. • Food or beverages (e.g., as part of meetings, workshops, or events). • Cell phones.
• Out-of-state travel.
• Travel costs exceeding the state- approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel -reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification.
• Sponsorship or licensing fees for events/programs.
• Audit expenses.
• Re-refined oil expenses.
• Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings, etc.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 20
• Any costs not consistent with local, state, or federal laws, guidelines, and regulations.
• Costs deemed unreasonable or not related to the project by the Program Advisor.
Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection and recycling of used oil and/or used oil filters, proper oil disposal practices, and/or the mitigation of used oil in stormwater activities and must be approved through the Expenditure Request process in LoGOPP. The submitted material should be the final version.
The materials must be functional, as discussed in Eligible Costs, encourage behavioral change, or provide an educational opportunity for the public.
• To be eligible for 100 percent funding, the publicity, education, and outreach materials must be exclusively devoted to used oil or used oil filter collection and recycling, and/or the mitigation of used oil in stormwater activities. • To be eligible for 75 percent funding, the materials must have at least 75 percent of the text and/or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials. • To be eligible for 50 percent funding, the materials must have at least 50 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
• To be eligible for 25 percent funding, the materials must have at least 25 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
Materials containing less than 25 percent coverage of used oil/used oil filter collection and recycling, and/or mitigation of used oil in stormwater activities will not be eligible for OPP funding.
Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, are publicized in any news media, social media, webpages, brochures, articles, seminars, or other types of promotional material. Public education and outreach materials must provide:
• The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. The text “Funded by” or “Funded in part by” may be used in conjunction with the CalRecycle logo, where appropriate. Initials or abbreviations for CalRecycle shall not be used. Use the color logo on any material produced in four or more colors.
• The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil and Used Oil Filters” as appropriate.
o Use the state colors (blue oil drop on yellow background) for logos on any material produced in four or more colors. (The color designation for
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 21
professional printing is Yale Blue-Pantone 286C; Golden Yellow -Pantone 123C.)
o The logo is also available in Spanish and Chinese.
• Information on used oil and used oil filter collection and recycling/disposal. • A list of used oil collection centers within the targeted community or a local telephone number or website to obtain further information on local collection centers. (Use the 1-800-CLEANUP number or Earth911
(https://earth911.com)
website if your jurisdiction does not maintain its own 24- hour hotline.)
Any use of CalRecycle’s logos should respect the original logo proportions and colors so as not to compromise image quality.
The Program Advisor may approve a deviation from the prescribed language on a case- by-case basis.
Graphics
Graphics are available on our Used Oil Graphics webpage (https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper)
For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) “Funded by CalRecycle” is available and is required to be affixed to all large pieces of equipment purchased with OPP funds.
You can also contact your Program Advisor for CalRecycle and oil program related graphics.
Certified Collection Center (CCC) Site Visit Requirements For recipients who administer their used oil program in coordination with a CCC, it is a program requirement that a site visit be made annually to a minimum of one CCC site per 100,000 residents being served by the used oil program. When a site visit is conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form (CalRecycle 664). This form may be found under “Used Oil Recycling” on the CalRecycle forms webpage
(https://calrecycle.ca.gov/Funding/tools/). The completed form is to be retained in the cycle file and jurisdictions will report the total number of site visits made by the jurisdiction in the online Annual Report.
Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.
All reported expenditures and eligible costs must be paid for before the submittal of the Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The annual reports for this cycle must be submitted no later than August 15 of each year during performance period. When a due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday. Failure to meet this repor ting due date may result in the denial of future funding. An email will be sent to all recipients when the Annual Report is available for reporting input, completion, and submittal.
Upon completion of the online annual report, the report certification page must be approved and signed by the Signature Authority. The signed annual report certification
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 22
page is to be uploaded to LoGOPP by the recipient and the original signed hard copy is to be retained in the recipient’s cycle file. If the recipient is unable to upload the signed annual report certification page, they should scan and email or fax it to their Program Advisor for uploading before the due date. Program Advisors will review and approve the submitted reports.
Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP system. The recipient is required to include information for each invoice under the Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the “same category and type,” you may combine the entry totals for the multiple invoices as one expenditure entry.
Expenditure Reporting Resources
• OPP Expenditure Category Definitions
(https://www2.calrecycle.ca.gov/Docs/Web/117348)
• Bulk Entries Instructions (https://www2.calrecycle.ca.gov/Docs/Web/117351) These resources may also be found on the LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP ) homepage under the Help Documents section.
Unspent Funds
Funds that are unspent at the end of the OPP15 term must be returned by check to CalRecycle by August 15, 2026. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the OPP number (i.e., OPP15-20-xxxx), specify “OPP Unspent Funds,” and be mailed to:
CalRecycle, Accounting
OPP Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP funding. If there are questions or other issues related to expenditures, work with your Program Advisor to resolve these issues.
Audit, Accounting, and Records Retention
Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained to provide clear separate tracking of OPP funds and related transactions for fiscal program management and audit purposes. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Recipients must account for all OPP funds in a manner that provides for clear tracking of expenditures in accordance with generally accepted accounting principles. Proper business procedures dictate that OPP supporting documentation (including, but not limited to, the original signed application certification and annual report summary pages, invoices, payroll registers/logs, travel expense claim forms, proof of pre-approval, etc.)
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 23
be retained in a single file to facilitate review and retention, as well as maintenance of a clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or contracting policies/requirements and ensure the proper and exclusive use of items purchased with OPP funds.
OPP funds are subject to audit. CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of OPP funds and shall have the right to interview staff relevant to the audit. Recipient shall include this provision in all contracts and subcontracts funded in whole or in part from OPP funds.
Examples of documentation subject to audit include, but are not limited to, expenditure ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and change orders, samples/pictures of items and materials developed with OPP funds, invoices, receipts, proof of pre-approval, and canceled checks. All such records shall be maintained for possible audit for a minimum of three years after the OPP term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.
Audit findings against recipients can result in the need for reimbursement of OPP funds, and/or ineligibility for future OPP funds.
Real and Personal Property Acquired with OPP Funds
(a) All real and personal property, including equipment and supplies, acquired with OPP funds shall be used by the recipient only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the recipient continues to receive OPP funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with OPP funds and used for the purpose for which CalRecycle approved its acquisition, be less than five (5) years after the end of the performance period, during which time the acquired property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with OPP funds, including all equipment and supplies, shall vest upon acquisition in the recipient. The recipient may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this payment program that CalRecycle shall be in first priority positi on with respect to the security interest on any such property acquired with the OPP funds, unless pre-approved in writing by the Program Advisor that CalRecycle will accept a lower priority position with respect to the security interest on the property. Recipient shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this payment program condition.
(c) The recipient may not transfer Title to any real or personal property, including equipment and supplies, acquired with OPP funds to any other entity without the express authorization of CalRecycle.
Guidelines
Used Oil Payment Program, OPP15 (FY 2024–25) 24
(d) CalRecycle will not reimburse the recipient for the acquisition of equipment that was previously purchased with CalRecycle OPP funds, unless the acquisition of such equipment with OPP funds is pre-approved in writing by the Program Advisor. In the event of a question concerning the eligibility of equipment for program funding, the burden will be on the recipient to establish the pedigree of the equipment.
Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this Agreement at his/her sole discretion at any time upon thirty (30) days written notice to the Recipient. Within forty-five (45) days of receipt of written notice, the reci pient is required to:
1. Submit a final written report to the appropriate Program Advisor describing all work performed by the recipient and provide an accounting of all funds expended up to and including the date of termination; and,
2. Reimburse CalRecycle any unspent funds.
Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the OPP Agreement.
Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their Program Advisor to determine if CalRecycle can be of assistance.
Indemnity
Recipient agrees to indemnify, defend, and save harmless the state and CalRecycle, and their officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of OPP.
Compliance
Recipients shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits,
Program Requirements
Have you prohibited the siting of a supermarket site?
No
Have you caused a supermarket to close its business?
Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction? No
No
No
Yes, I Accept
We will continue to identify opportunities to expand and enhance outreach and education efforts to increase the recycling of CRV beverage containers throughout the City of Vallejo. In addition, we will be enhancing CRV beverage container recycling and litter reduction efforts at special events.
3)
Are you currently participating in mediation mandated by AB 506 ? Have you attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? Note: The answer is for informational purposes and will not be used to determine eligibility for payment funding.
1)
PRC 14581 (a)(3)(B)
5)
These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public Resources Code 14581 (a)(3)(C). Applicant acknowledges that submittal of this Funding Request constitutes acceptance of all provisions contained in the
Application Guidelines and Instructions FY2024-25
.
2)
PRC 14581 (a)(3)(F) (Supermarket sites refer to certified recycling centers at supermarkets (PRC 14526.6)) Project Description:
4)
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities, the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this Funding Request. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving state funds for this project, the agreement will be terminated and any disbursed program funds shall be returned to CalRecycle. If any applicant or participating jurisdiction is a charter city , does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project described in this Funding Request? Check the following, as applicable.
Not Applicable, This Funding Request does not include any charter cities.
Contacts
Name
Contact Type
Title
Phone
Email
Ms. Melissa Tigbao
Signature Authority
Public Works
Director
(707)
648-4301
Melissa.Tigbao@cityofvallejo.
net
Mr. Andrew Murray
Signature Authority
City Manager
(707)
648-4576
Andrew.Murray@cityofvallejo.
net
Ms. Natasha Gallatin
Primary (Funding
Request)
Recycling
Coordinator
(707)
649-3512
Natasha.Gallatin@cityofvalejo.
net
Mr. Derek Crutchfield
Secondary
Environmental
Services Manager
(707)
648-5346
Derek.Crutchfield@cityofvallej
o.net
Addresses
Address
Address Type
County
555 Santa Clara Street
Vallejo, 94590
Physical, Mailing, Payment
Solano
FY 2024-25
30,561
Eligible Funds ($):
Funding Request Cycle:
Individual
Type:
Vallejo
City/County Annual Payment and Reporting System
Funding Request Certification
Beverage Container Recycling City/County Payment Program Printed: 9/24/2024
Vallejo
Documents
Document Type
Date
Title
Resolution
02/22/2022
Signed Beverage Container Grant Resolution
Letter of Designation
09/20/2024
Signed Letter of Designation
Activity Expenditures
Current Activity Group
Current Activity Item
Budgeted Funds ($)
Litter Clean-up
Community Events
5,561
Advertising/Promotional
Billboards / Signs
Media (TV, Radio, Video)
15,000
Recycling Education
Schools - Elementary
Assemblies / Shows
10,000
Total:
30,561
Signature of Signature Authority (as authorized in Resolution) or Authorized Designee (as authorized in Letter of Designation) Date
Print Name
Print Title
IMPORTANT! Recipient must print out this page, obtain signature of Signature Authority, upload signed document to the City/County Annual Payment and Reporting System, and retain the original document in the Recipient's cycle file.
Penalty of Perjury Statement:
“I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this Funding Request on behalf of Recipient, that I have read the City/County Payment Program Guidelines and that to the best of my knowledge and belief that information provided in this Funding Request is true and correct.” X
City/County Annual Payment and Reporting System
Funding Request Certification
Beverage Container Recycling City/County Payment Program Printed: 9/24/2024
Vallejo
Melissa Tigbao Public Works Director
9/24/2024
Application Certification
X
Signature of Signature Authority (as authorized in Resolution) or Authorized Designee (as authorized in Letter of Designation) Date
Print Name Print Title
IMPORTANT! Applicant must print out this page, obtain Signature of Signature Authority, upload signed document to the LoGOPP system, and retain the original document in Applicant's cycle file.
Penalty of Perjury Statement:
City of Vallejo
Cycle: OPP15Fiscal Year: 2024-25
Participant Jurisdiction Document Type Date
Document Type Date* Title
Resolution 6/13/2024 19-071 N.C. Resoultion - OPP Grant Application Certification Pending Upload
Letter of Designation (LOD) Pending Upload
“I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this application on behalf of Applicant, that I have read the Used Oil Payment Guidelines and that to the best of my knowledge and belief that information provided in this Application is true and correct.” Provides used oil curbside collection at least once a month.
Program Requirements Summary
Our program has a public education component that informs the public of locally available used oil recycling opportunities.
Payment Option: April Payment Requested: Standard payment request Payment Information
2) Public Resources Code 48691(b)
1) Public Resources Code 48691(a)(1)(2)
Contact Type Name Title
Primary Derek Crutchfield Environmental Services Manager Signatory Authority Andrew Murray City Manager
Signatory Authority Melissa Tigbao Public Works Director Used Oil Payment Program
Acceptance of Used Oil Payment Program Provisions
Applicant acknowledges that submittal of this application constitutes acceptance of all provisions as contained in the Used Oil Payment Program Guidelines. The Guidelines document is available at:
http://www.calrecycle.ca.gov/UsedOil/LGPayments/
Payment Address: Public Works Departent , 555 Santa Clara St, Vallejo , CA 94590 * Secondary Due Date: 07/24/2024
3) Are you currently participating in mediation mandated by AB506, have attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? No
City of Vallejo Printed: 6/13/2024
Melissa Tigbao Public Works Director
6-13-24
CONSENT CALENDAR 8.E.
DATE: May 27, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC. FOR AN AMOUNT NOT TO EXCEED $119,700 FOR SERVICES THROUGH SEPTEMBER 30, 2025, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a Memorandum of Agreement with Healthy Vallejo Community Support Services, Inc. for an amount not to exceed $119,700 for services through September 30, 2025 and authorize the City Manager to execute the same.
REASONS FOR RECOMMENDATION
On March 28, 2023, the City entered into a Memorandum of Understanding with Healthy Vallejo (City contract 23-PD239) to provide services through September 30, 2024 for an amount not to exceed $49,300 (“Original Contract”), which was funded exclusively by a Byrne Criminal Justice Innovation (“BCJI”) grant. Healthy Vallejo has exhausted its contract budget. However, since Healthy Vallejo provides valuable services to the community and is an invested community partner in Project HOPE, City staff recommends executing a new Memorandum of Understanding with Healthy Vallejo for $119,700 for services through September 30, 2025.
BACKGROUND AND DISCUSSION
In December 2021, the City of Vallejo was one of twenty agencies selected for the Fiscal Year 2021 BCJI grant. The City of Vallejo Police Department is using the BCJI grant funding to implement Project HOPE (Harm-focused Outreach, Prevention, and Education). Healthy Vallejo is a primary Project HOPE partner. Healthy Vallejo is a local non-profit community benefit organization that operates a “Youth Employment and Delinquency Prevention Program” that provides employment and skills in waste management, weed abatement, and clean-up training for up to seven (7) potential youth and young adults who need employment, are struggling in school or are out of school, and who are crime-impacted. The benefit of the Program is two-fold because, in addition to providing employment and skills to the participants, the waste management and weed abatement services being provided beautify the community and are provided to residents who cannot perform the services themselves (e.g., due to disability and/or age).
Healthy Vallejo was preapproved by the United States Department of Justice as a Project H.O.P.E. partner in two grant award modifications in 2022. Accordingly, competitive procurement was not required. Healthy Vallejo continues to provide a unique, dual-purpose service to the community that is making a tangible difference in many residents’ lives.
FISCAL IMPACT
Staff respectfully requests that $119,700 of the available BCJI grant funding (GPD006) be allocated to Healthy Vallejo in Fund 1492404-7015076 for the services described herein.
ENVIRONMENTAL REVIEW
Date: May 27, 2025
Subject: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC. FOR AN AMOUNT NOT TO EXCEED $119,700 FOR SERVICES THROUGH SEPTEMBER 30, 2025, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
This action is exempt from the California Environmental Quality Act (“CEQA”) because it is not a project that 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. 02 - Resolution - Healthy Vallejo Agreement - $119,700 CAO Stamp
2. Healthy Vallejo Agreement CAO Stamp
CONTACT
Jason Ta, Chief of Police
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A MEMORANDUM OF UNDERSTANDING WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC. FOR AN AMOUNT NOT TO EXCEED $119,700 FOR SERVICES THROUGH SEPTEMBER 30, 2025 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME
WHEREAS, on December 16, 2021, the City of Vallejo was awarded a $999,688 Fiscal Year 2021 Byrne Criminal Justice Innovation (“BCJI”) Program grant by the United States Department of Justice Office of Justice Programs (“OJP”) for Project HOPE (Harm-focused Outreach, Prevention, and Education); and
WHEREAS, on March 28, 2023, the City of Vallejo entered into a Memorandum of Understanding with Healthy Vallejo Community Support Services, Inc. (“Healthy Vallejo”) for an amount not to exceed $49,300 for services through September 30, 2024 (“Original Contract”), which was funded through the aforementioned BCJI grant for Project HOPE; and WHEREAS, Healthy Vallejo’s services provide employment and skills to participants that results in beautification of the City; and
WHEREAS, City staff recommends execution of a new Memorandum of Agreement with Healthy Vallejo for $119,700 to ensure there is no interruption in the provision of these valuable community services through September 30, 2025; and
WHEREAS, there is available BCJI grant (GPD006) funding for this new Memorandum of Agreement with Healthy Vallejo.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves a Memorandum of Agreement with Healthy Vallejo in an amount not-to-exceed $119,700 for the provision of services through September 30, 2025 and authorizes the City Manager to execute the same.
BE IT FURTHER RESOLVED that $119,700 of the available BCJI grant funding (GPD006) be allocated to Healthy Vallejo in Fund 1492404-7015076 for the services described herein.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 27, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANDREA SORCE, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.F.
DATE: May 27, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Assistant Public Works Director- Maintenance SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE ROOFING REPLACEMENT PROJECT LOCATED AT 23 HARBOR WAY, AWARDING A
CONSTRUCTION CONTRACT FOR THE PROJECT TO STRONGER BUILDING SERVICES IN AN AMOUNT NOT TO EXCEED $121,655 AND REJECTING ALL OTHER
BIDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT
RECOMMENDATION
Adopt a resolution approving the plans and specifications for the roofing replacement project located at 23 Harbor Way, awarding a construction contract to Stronger Building Services in an amount not to exceed $121,655 and rejecting all other bids, and authorizing the City Manager to execute the Construction Contract.
REASONS FOR RECOMMENDATION
A portion of the roof of the city-owned building located at 23 Harbor Way, currently occupied by the Zio Fraedo’s restaurant, is failing and is in need of replacement.
BACKGROUND AND DISCUSSION
The City of Vallejo has identified the need to replace a section of the roof on the city-owned building located at 23 Harbor Way, currently occupied by Zio Fraedo's restaurant. The City solicited bids from qualified contractors for roof replacement services for 23 Harbor Way. The project was advertised on March 20, 2025, on the City’s web hosting plan room, Planet Bids. On April 3, 2025, two bids were received, opened and publicly read by the Deputy City Clerk. The results of the bids for the subject project were as follows:
Bid Order Contractor Total Base Bid
1 MVP Construction LLC $336,000
2 Stronger Building Services $121,655
The lowest responsive and responsible bidder is Stronger Building Services of San Leandro, California, with a total bid price of $121,655. All submitted bid documents are complete, in order, and meet all bid requirements.
Staff recommend awarding a construction contract to Stronger Building Services in the amount of $121,655, and authorizing the City Manager or designee to execute any necessary change orders not exceeding the available project budget.
FISCAL IMPACT
The proposed action to award an agreement to Stronger Building Services will not have any direct impact on the General Fund. Funds to pay for these services will come from existing approved capital improvement project budget in PWC112: Roof Repair/Replacement.
Date: May 27, 2025
Subject:
ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE ROOFING REPLACEMENT PROJECT LOCATED AT 23 HARBOR WAY, AWARDING A CONSTRUCTION
CONTRACT FOR THE PROJECT TO STRONGER BUILDING SERVICES IN AN AMOUNT NOT TO EXCEED $121,655 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT
Source Budget Expenditures
Fund 134 - State Lands $150,986.00
Construction ($121,655.00)
Contingency 20% ( $24,331.00)
Staff Time/Inspections/Permits ( $5,000.00)
TOTAL $150,986.00 ($150,986.00)
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(d) because it consists of restoration or rehabilitation of a deteriorated or damaged structure to meet current standards of public health and safety.
ATTACHMENTS
1. Reso - Stronger Building Services -23 Harbor Way Roof Project 5.27.25_CAO Stamp
2. Stronger Building Services- Zio Fraedos Reroof - Construction Contract_CAO Stamp
CONTACT
Oscar Alcantar, Interim Public Works Director
[email protected]
RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE PLANS AND SPECIFICATIONS FOR THE ROOFING REPLACEMENT PROJECT LOCATED AT 23
HARBOR WAY, AWARDING A CONSTRUCTION CONTRACT FOR THE PROJECT TO STRONGER BUILDING SERVICES IN AN AMOUNT NOT TO EXCEED $121,655 AND
REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONSTRUCTION CONTRACT
WHEREAS, a section of the roof on the city-owned building located at 23 Harbor Way, currently occupied by Zio Fraedo's restaurant, needs to be replaced; and WHEREAS, the plans and specifications for said project were prepared under the direction of the City Engineer (“Plans and Specification’”) and have been presented to the City Council; and WHEREAS, the City advertised the project on March 20, 2025, and on April 3, 2025, publicly opened the two bids that were received; and
WHEREAS, Stronger Building Services, a California corporation, submitted the lowest responsive and responsible bid of $121,655; and
WHEREAS, there is adequate funding to award the Construction Contract in the project budget.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the Plans and Specifications for the roofing replacement project for the city-owned building located at 23 Harbor Way.
BE IT FURTHER RESOLVED that an invitation for bids was duly advertised.
BE IT FURTHER RESOLVED by the Council of the City of Vallejo that Stronger Building Services of San Leandro, California, is determined to be the lowest responsive and responsible bidder in the amount of $121,655, and said bid is hereby accepted and a contract is awarded to said bidder.
BE IT FURTHER RESOLVED that all other bids to-wit:
MVP Construction LLC $336,000
are hereby deemed rejected upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract between the City of Vallejo and Stronger Building Services in an amount not to exceed $121,655, with
any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the approved project budget.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 27, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ANDREA SORCE, MAYOR
ATTEST
DAWN G. ABRAHAMSON, CITY CLERK
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
CONTRACT
FOR
REROOF OF ZIO FRAEDO’S RESTAURANT
THIS CONTRACT (“Contract”) made and concluded in duplicate this 28 th day of May, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and Stronger Building Services, a California corporation, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the City Council of said City heretofore caused drawings and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said drawings and specifications; and, WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,
WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said drawings and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and, WHEREAS, Contractor was the lowest responsible Bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible Bidder for the work and award to it a contract therefore.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
In accordance with the approved drawings and specifications, the work includes
furnishing all labor, materials, tax, equipment, incidentals and services for the reroof of Zio Fraedo’s located at 23 Harbor Way, Vallejo California, including but not limited to:
•Remove and dispose of existing roofing system down to existing sheathing •Remove and replace existing roof sheathing with new ½” CDX plywood sheathing, according to manufacturer’s specifications.
•Install new ¼” per foot slope ISO tapered insulation system, according to manufacturer's specifications.
•Install new ½” fire rated cover board, according to manufacturer's specifications •Install new GAF Versashield Solo Fire-Resistant slip sheet on parapet walls, according to manufacturer's specifications.
•Install new Duro-Last 50 MIL Roofing System, according to manufacturer's specifications, to include all walls. Color to be White. If an additional color is requested, there will be a material upcharge for color change. Terminate Duro-Last membrane around perimeter using termination bar, and 3” Vinyl Coated Shed Metal, color to be selected by Owner via color chart.
•Install new Duro-Last accessories to include but not limited to, scuppers, drains, two-way venting, pipe jacks, curbs, and corners, and (20) walkway pads according to manufacturer’s instructions.
•Remove and reset existing door to install a new waterproofing door pan. Any new stucco siding will be tied into existing as close as possible. Prime and repaint repaired areas to resemble existing as close as possible. •Existing rooftop equipment to remain intact during the duration of roofing. If required to be lifted and reset, advance notice and Owner’s permission is required. •Install approximately 3 new rows of composition shingles around inside perimeter wall to replace those removed. New shingles to resemble existing shingles as closely as possible.
•Complete job clean up.
The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein and as provided for and set forth in the Contract Documents which hereby referred to by such reference, incorporated herein, and made a part of this Contract.
The following documents shall constitute the Contract Documents:
(a) This Contract;
(b) Exhibit A –Contractor’s Price Sheet;
(c) Exhibit B – Approved Change Order(s), (if applicable); (d) Exhibit C – Special Specifications;
(e) Exhibit D – General Provisions;
(f) Exhibit E - Wage and Equipment Rates;
(g) Exhibit F - Designation of Subcontractors, Non-Collusion Affidavit for Contractor or Subcontractor, and Nondiscrimination Clause;
(h) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
(i) Faithful Performance and Payment (Labor and Material) Bonds; and (j) 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 (j) 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 Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents.
Contractor agrees to receive and accept the prices set forth in Exhibit A in an amount not to exceed of One Hundred Twenty-One Thousand Six Hundred Fifty-Five Dollars And Zero Cents ($121,655.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents.
By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The Contractor shall forfeit, as penalty to the City, the sum of one hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
Pending favorable weather conditions, 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 60 days of the first working day stated on the Notice to Proceed.
If the term of this Contract extends into fiscal years subsequent to that in which it is approved, such continuation of the Contract is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to City of Vallejo under this Contract, and relieve City of any further obligation therefore.
The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor.
SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year shown below the name of each of the parties.
Stronger Building Services,
a California corporation
By:
Claudia Carrasco
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 CONTENT:
__________________________
Melissa Tigbao, PE
Public Works Director
APPROVED AS TO FORM
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
EXHIBIT A
REROOF OF ZIO FRAEDO’S.
Total:
Exhibit B
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
CONTRACT CHANGE ORDER NO.: DATE:
TO:
PROJECT:Reroof of Zio Fraedo’s Restaurant
FROM: CITY OF VALLEJO
This change order modifies and amends the provisions of that certain Contract dated by and between the City and ________________
(“Contractor”).
REFERENCE: Contract Plans, Sheet No.
or other Plans attached
Contractor is hereby directed to make the following changes to the Work:
By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or 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:
NEW ADJUSTED CONTRACT PRICE:
EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE
CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.
RECOMMENDED:
NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
ACCEPTED AND AGREED
Contractor: DATE
[Type in name and title]
City: DATE
CITY REPRESENTATIVE
Exhibit C
SECTION A - SPECIAL PROVISIONS
1. Location of Work – Zio Fraedo’s, located at 23 Harbor Way, City of Vallejo, County of Solano, State of California.
2. Scope of Work - For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances and services required to completely execute the work as set forth in the Contract Documents. The subdivision of these specifications into divisions is not intended to strictly set forth or limit the scope of any subcontractor and shall not relieve the Contractor of the responsibility for executing all work on the project as a whole.
3. Pre-Construction Conference - The Contractor, City Engineer and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review job schedules, traffic control, affirmative action, and to discuss various other aspects of the work and to clarify procedures.
The Contractor shall submit the following to the City Engineer by the date of the pre-construction conference:
A. Detailed CPM Construction Schedule for review.
B. Detailed Traffic Control Plan for review.
C. Detail Stage Construction and Traffic Handling Plan for review D. All other material or required submittals for review. All submittals shall be in writing.
E. "Notice" to homeowners, residents, commuters and/or affected parties for review.
4. (Intentionally Omitted)
5. Materials and Tests -The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency acceptable to City of Vallejo, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of all materials used in the project.
Certain Specification sections may require special items or materials to be included in the submittal.
6. City-Furnished Materials - The City will furnish to the Contractor free of charge for use under these Specifications the following materials: (NOT APPLICABLE)
7. Water – The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $2.15 per unit (100 cu. Ft.) or the most current rate of water used. Water is to be drawn from a Water Division designated fire hydrant after the Contractor has applied to the Water Division for a temporary water meter. A refundable $1,200.00 deposit is required for each temporary water meter at the time of application. There is a non-refundable service charge of $105.00 a month.
The Water Division reserves the right to increase the deposit or service charge at any time without notice.
8 Sequence of Construction to Maintain Traffic -The Contractor must submit a detailed schedule of operations to the Engineer for review and acceptance prior to starting work on the project.
See “Traffic Control” of these special provisions for compensation.
9. Construction Upon Private Property - The Contractor shall note that the work may be required in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.
No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.
10. (Intentionally Omitted)
11. (Intentionally Omitted)
Exhibit D
GENERAL PROVISIONS
Section 1: Definitions and Terms
1-1.01.1General
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section One. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.
1-1.02 Abbreviations
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
1-1.02A Units of Measurement
These General Provisions contain units in two systems of measurement: units shown in the International System of Units (SI or "metric”) and units in the United States Standard Measures are shown in braces "{}". The Department does not warrant the accuracy of the units shown in United States Standard Measures, and any use of United States Standard Measures is at the sole risk of those agencies and others that specify United States Standard Measures units in their contracts. The measurements expressed in the
two systems are not necessarily equal, and items constructed or fabricated in one system are not necessarily interchangeable with items constructed or fabricated in the other system. The project Special Provisions designate the system of units that will apply to contracts referencing these Standard Specifications.
Some of the symbols for metric units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows. The symbols for other units of measurement used in the Specifications are as defined in ASTM Designation: E-380, or in the various Specifications and test referenced in the Specifications.
Symbols as used in the
Specifications
Symbols as used in the
Engineer's Estimate
Definitions
A — amperes
— EA each
g G gram
kg KG kilogram
ha HA hectare (10 000 m2)
h H hour
J — joule
— LNKM lane kilometer
L L liter
— LS lump sum
m M meter
km KM kilometer
mm MM millimeter
μm — micrometer
nm — nanometer
m2 M2 square meter
m3 M3 cubic meter
N — newton
Nm — newton meter
Ω — ohm
Pa — pascal
kPa — kilopascal
MPa — megapascal
s — second
— STA station (100 m)
— TAB tablet
tonne TONN metric ton (1000 kg)
W — watt
V — volt
Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.
Symbol Used Definitions
A amperes
EA each
LB pound
ACRE acre
h hour
LNMI lane mile
GAL gallon
LS lump sum
LF linear foot
MI mile
MSYD thousand station yard
SF square foot
CF cubic foot
SY square yard
CY cubic yard
Ω ohm
s second
STA 100 feet
TAB tablet
TON 2,000 pounds
W watt
V volt
MFBM thousand foot board measure
1-1.03 Acceptance
The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing. 1-1.04 (Intentionally Omitted)
1-1.05 (Intentionally Omitted)
1-1.06 (Intentionally Omitted)
1-1.07 Bidder
Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
1-1.08 Bridge
Any structure, with a bridge number, which carries a utility facility, or railroad, highway, pedestrian or other traffic, over a water course or over or under or around any obstruction. 1-1.085 Conduit
A pipe or tube in which smaller pipes, tubes or electrical conductors are inserted or are to be inserted.
1-1.09 Contract
The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.” 1-1.10 Contractor
The person or persons, firm, partnership, limited liability company, corporation, or combination thereof, private or municipal, who have entered into a Contract with the City of Vallejo, as party or parties of the second part or their legal representatives. 1-1.11 Culvert
Any structure, other than a bridge, which provides an opening under a roadway for drainage or other purposes.
1-1.12 Days
Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days.
1-1.13 Department
The City of Vallejo Department of Public Works.
1-1.14 Detour
A temporary route for traffic around a closed portion of a road. 1-1.15 Director
The City of Vallejo Department of Public Works Director, or his/her authorized representative.
1-1.16 (Intentionally Omitted)
1-1.17 (Intentionally Omitted)
1-1.18 Engineer
The City of Vallejo, Department of Public Works, Project Engineer, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.
1-1.19 Engineer's Estimate
The list of estimated quantities of work to be performed as contained in the "Proposal Form."
1-1.20 Federal Agencies
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned. 1-1.21 Fixed Costs
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.22 Frontage Road
A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access. 1-1.23 (Intentionally Omitted)
1-1.24 Highway
The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.
1-1.25 Laboratory
Any testing laboratory identified as such by City of Vallejo. 1-1.255 Legal Holidays
Those days designated as City observed holidays specifically:
a) New Year's Day, b) Martin Luther King, Jr. Day, c) President’s Day, d) Memorial Day, e) Independence Day, f) Labor Day, g) Columbus Day, h) Veterans' Day, i) Thanksgiving Day, j) Day after Thanksgiving, k) Christmas Day 1-1.26 Liquidated Damages
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents.
1-1.265 MUTCD or CAMUTCD
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 (Intentionally Omitted)
1-1.275 (Intentionally Omitted)
1-1.28 (Intentionally Omitted)
1-1.29 DRAWINGS
The official project drawings and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed.
1-1.30 Processing
Any operation or operations of whatever nature and extent required to produce a specified material.
1-1.31 Proposal
The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
1-1.32 Proposal Form
The approved form upon which the City of Vallejo requires formal bids be prepared and
submitted for the work.
1-1.33 Proposal Guaranty
The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder. 1-1.34 (Intentionally Omitted)
1-1.35 (Intentionally Omitted)
1-1.36 (Intentionally Omitted)
1-1.37 Special Provisions
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications. 1-1.38 Specifications
The directions, provisions and requirements contained in the General Provisions, Wage and Equipment Rates section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and Standard Drawings. Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2010 edition, Sections 10 through 95 only.
1-1.39 State
The State of California.
1-1.40 (Intentionally Omitted)
1-1.41 (Intentionally Omitted)
1-1.42 (Intentionally Omitted)
1-1.46 Traffic Lane
That portion of a traveled way for the movement of a single line of vehicles.
1-1.47 Traveled Way
That portion of the roadway for the movement of vehicles, exclusive of shoulders. 1-1.48 Work
All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract change order.
SECTION 2: Intentionally Omitted
SECTION 3: EXECUTION OF CONTRACT
3-1.01 Execution of Contract
The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution. 3-1.02 Bonds
Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:
A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
B. Payment (Labor and Materials) Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the 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 (Intentionally Omitted)
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 (Intentionally Omitted)
SECTION 4: SCOPE OF WORK
4-1.01 Intent of drawings and Specifications
All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer in writing of said nonconformance, and to not proceed with nonconforming work.
When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.
The intent of the drawings and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the drawings or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the highest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict
or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final. 4-1.02 Final Cleaning Up
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.
4 -1.03 CHANGES
The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the drawings and Specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or bid Unit Prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.
The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion. Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract change order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:
A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.
B. Unit Prices - By unit prices fixed by agreement between the City of Vallejo and the Contractor.
C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the
cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.
The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.
Upon receipt of a Contract change order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract change order 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 this Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work. If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request. 4-1.03A Procedure and Protest
A Contract change order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract change order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract change order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract change orders will be considered as executed Contract change orders.
Where the protest concerning an authorized Contract change order relates to compensation, the compensation payable for all work specified or required by that Contract change order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.
Where the protest concerning an accepted Contract change order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages." Proposed Contract change orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms
and conditions of the proposed Contract change order by executing the document and if the Contract change order is accepted by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. An accepted Contract change order shall supersede a proposed, but unaccepted, Contract change order covering the same work.
The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract change order determined as provided in Section 4-1.03D, if that item of work is eligible for an adjustment of compensation thereunder.
Change orders shall be in the form provided by City of Vallejo in the Contract Documents. 4-1.03B (Intentionally Omitted)
4-1.03C (Intentionally Omitted)
4-1.03D Extra Work
New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a Unit Price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the drawings or Specifications.
The Contractor shall do the extra work and furnish all labor, material and equipment therefor upon receipt of an accepted Contract change order or other written order of the Engineer, and in the absence of an accepted Contract change order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.
Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract change order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.
4-1.04 (Intentionally Omitted)
4-1.05 (Intentionally Omitted)
SECTION 5: CONTROL OF WORK
5-1.01 Authority of Engineer
The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. 5-1.02 CONTRACT DRAWINGS AND Working Drawings
The Contract drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract drawings shall be in writing.
The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been accepted by the Engineer.
Working drawings for any part of the permanent work shall include, but not be limited to stress sheets, anchor bolt layouts, shop details, erection drawings, equipment lists and any other information specifically required elsewhere in the Specifications.
Working drawings for cribs, cofferdams, falsework, temporary support systems, haul bridges, centering and form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.
Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.
Full compensation for furnishing all working drawings shall be considered as included in
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 (Intentionally Omitted)
5-1.03 Conformity with Contract Documents and Allowable Deviations Contractor’s work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and Specifications, and the Engineer's decision as to any allowable deviations therefrom shall be final.
5-1.04 Coordination and Interpretation of Plans, specifications and Standard Specifications
These project drawings, Specifications, special provisions, Contract change orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.
In the event of a conflict between the project drawings, Specifications or special provisions, and Standard Plans and Standard ;Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, dated 2023, City of Vallejo Standard Specifications and Standard Drawings , dated December 2011, or Vallejo Flood & Wastewater District Engineering Design standards and Engineering standard Details, dated July 2020, shall control. Project drawings shall govern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.
In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.05A Order of Work
When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.
Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
5-1.05B Hours of Work
Regular working hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. Contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.
5-1.06 Superintendence
The Contractor shall designate in writing before starting work, an authorized representative who shall act as Superintendent and have the authority to represent and act for the Contractor. The Superintendent shall have responsibility for overall project operations and shall not be a “working foreman.”
When the Contractor is comprised of 2 or more persons, firms, partnerships or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall serve as the Superintendent, and who shall have the authority to represent and act for the Contractor.
The Superintendent shall be present at the site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.
Whenever the Contractor or the Contractor's Superintendent is not present on any particular part of the work where it may be desired to give direction, orders will be given 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 (Intentionally Omitted)
5-1.08 Inspection
The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's
inspection.
Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, Submittals, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.
Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the State or Federal agency involved, or their authorized representative.
5-1.09 Removal of Rejected and Unauthorized Work
All work which has been rejected shall be remedied or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed 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 (Intentionally Omitted)
5-1.11 (Intentionally Omitted)
5-1.12 (Intentionally Omitted)
5-1.13 Differing Site Conditions
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether or not an adjustment of the Contract is warranted.
No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.
No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.
Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided.
5-1.14 Character of Workers
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately on the request of the Engineer, and that person shall not again be employed on the work.
5-1.15 Final Inspection
When the work has been completed, the Engineer will make the final inspection. 5-1.16 MEANS AND METHODS
City of Vallejo will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.
The City of Vallejo or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City of Vallejo in all operations which coincide with other work being performed, and provide City of Vallejo with such scheduling and other information as may be required by City of Vallejo to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.
Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City of Vallejo, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.
The City of Vallejo shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.
SECTION 6: CONTROL OF MATERIALS
6-1 GENERAL
6-1.01 Source of Supply and Quality of Materials
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City of Vallejo and materials furnished by the City of Vallejo in conformance with the provisions in Section 9-1.03, "Force Account Payment."
Only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in accordance with the drawings and Specifications.
Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.
The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.
Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor.
6-1.02 City Furnished Materials
Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.
The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.
The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.
The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.
6-1.03 Storage of Materials
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.
6-1.04 Defective Materials
All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the
nonconforming work, materials, or equipment, or the City of Vallejo agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.
Re-examination of any work may be ordered by the Engineer, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.
6-1.05 Trade Names and Alternatives
For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.
Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed.
Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
6-1.06 Plant Inspection
The Engineer may inspect the production of material or the manufacture of products at the source of supply.
Plant inspection, however, will not be undertaken until the Engineer is assured of the
cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials.
Adequate facilities shall be furnished free of charge to make the necessary inspection.
The City of Vallejo assumes no obligation to inspect materials at the source of supply. 6-1.07 Certificates of Compliance
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.
The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
6-1.08 Foreign Materials
Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.
Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.
The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.
The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or otherwise requested by the Engineer.
If the welding of steel for structural steel members or the casting and prestressing of precast, prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:
A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.
B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.
C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.
D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.
The use of steel manufactured outside of the United States as unidentified stock material, as provided in Caltrans Specification Section 55-2.07, "Unidentified Stock Material," will not be allowed.
6-1.09 State Specification Numbers
The State Specification number of material furnished on the Contract shall conform to the number specified in these Specifications or the special provisions for the material involved, except that material conforming to a later specification issue will be acceptable. 6-2 LOCAL MATERIALS
6-2.01 General
Local material is rock, sand, gravel, earth or other mineral material, other than local borrow or selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Local material does not include materials obtained from established commercial sources.
Local materials shall be furnished by the Contractor from any source the Contractor may elect, except that when mandatory local material sources of certain materials are designated in the Contract Documents, the Contractor shall furnish material from those designated mandatory sources.
The Contractor shall be responsible for making all arrangements necessary to obtain materials from any local material source other than a mandatory local material source. If the Contractor elects to obtain materials from a possible local material source, subject to the provisions in Section 6-2.02, "Possible Local Material Sources," the Contractor shall comply with the requirements of that section. If the Contractor elects to obtain material from any other non-mandatory source, the Contractor shall furnish the Engineer with satisfactory evidence that the Contractor has entered into an agreement with the property owner for obtaining material from that source and with copies of any necessary permits, licenses and environmental clearances before removing any material from those sources.
The furnishing of local materials from any source is subject to the provisions in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," and in Section 6-2, "Local Materials."
Unless described in the Contract Documents as a mandatory local material source, or authorized in writing by the Engineer, material sources shall not be excavated at locations where the resulting scars will present an unsightly appearance from any highway. No payment will be made for material obtained in violation of this provision.
The Contractor shall, at the Contractor's expense, make any arrangements necessary for hauling over local public and private roads from any source.
When requested by the Contractor in writing, the City of Vallejo will test materials from any local material source, which has not been previously tested, at Contractor’s cost and expense.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in conforming to the provisions in this Section 6-2.01, for furnishing and producing materials from any source shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.02 Possible Local Material Sources
Where the City of Vallejo has made arrangements with owners of land in the vicinity of a
project for the obtaining of material from an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to obtain material from that property. Bidders or Contractors may, upon written request, inspect the documents evidencing those arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.
Arrangements made by the City of Vallejo are not a part of the Contract, and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to obtain materials therefrom and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quality or quantity of materials that can be obtained or produced from the property or the type or extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents.
In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation may include the documents setting forth the arrangement made with some of the property owners for the obtaining of material from those owners' properties. The inclusion of these documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 6-2.02 concerning the documents.
All necessary permits, licenses and environmental clearances needed to enable the Contractor to use a possible local material source for which the "Materials Information" compilation for the project does not include permits, licenses and environmental clearances issued to the City of Vallejo (whether or not the arrangement made by the City of Vallejo with the owner of the property is included in the compilation) shall be obtained by the Contractor, and copies thereof shall be furnished the Engineer before any material is removed from the source.
The Bidder and Contractor shall make such independent investigation and examination as the Contractor deems necessary to be satisfied as to the quality and quantity of materials available from the property, the type and extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.
Notwithstanding that the Contractor may elect to obtain materials from any such property owner's property, no material may be obtained from the property unless the Contractor has first either:
A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the
Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the material source on any terms mutually agreeable to the owner and the Contractor, provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.
If the Contractor elects to obtain material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo, and the Contractor shall pay the charges as are provided for in the arrangement made by the City of Vallejo with the property owner. Deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material removed.
If the Contractor elects to obtain material under (2), the Contractor shall pay the charges as are provided for in the agreement between the owner and the Contractor, and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.
Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the material source is satisfied that the Contractor has satisfactorily complied with the provisions of either— (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and producing specified materials from possible local material sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of material sources, and all processing of whatever nature and extent required, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.03 Mandatory Local Material Sources
The Contractor shall perform all work required to obtain and produce acceptable materials from the mandatory local material sources designated in the Contract Documents and shall have no right to obtain the materials from any other source or sources. As part of the work in producing acceptable materials from the mandatory sources, it will be necessary for the Contractor to perform certain processing of the material as set forth in the Contract Documents. Any processing of the material required in addition to that specified in the Contract Documents which, in the opinion of the Engineer, is necessary to produce acceptable material from the mandatory sources will be paid for as extra work
as provided in Section 4-1.03D.
If the Engineer determines that the designated mandatory local material source or sources are no longer to be used because they are exhausted or for other reasons, the Engineer will designate an alternative mandatory local material source or sources from which the Contractor shall obtain the balance of the material required.
In this case the City of Vallejo will pay the Contractor for the cost of moving the Contractor's plant to the new mandatory source and erecting the plant as extra work as provided in Section 4-1.03D. Construction of access roads, fences, clearing and grubbing or stripping of the new mandatory source, ordered by the Engineer to be performed, will be paid for as extra work as provided in Section 4-1.03D. The City of Vallejo will also allow or deduct, as the case may be, the increase or decrease in haul cost due to an increase or decrease in the length of haul involved. Increased haul costs will be paid for as extra work as provided in Section 4-1.03D, and deductions for decreased haul will be determined in the same manner. No allowance or additional compensation will be made for lost time or for delay in completing the work due to moving the Contractor's plant from the designated mandatory source to the alternative mandatory source, other than an extension of time pursuant to the provisions in Section 8-1.07, "Liquidated Damages." Any processing of the material required in addition to that specified in the special provisions for the originally designated mandatory source which, in the opinion of the Engineer, is necessary to produce acceptable material from the alternative mandatory source will be paid for as extra work as provided in Section 4-1.03D. The Contractor will be charged the same royalty as provided in the special provisions for the original designated mandatory local material source.
The Contractor shall, prior to entering a mandatory local material source or an alternative mandatory local material source, execute a document that will guarantee to hold the owner of the property harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises. The document will be prepared by the Engineer for execution by the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining and producing specified materials from mandatory sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of mandatory local material sources, except as otherwise provided for in this Section 6-2.03, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-3 TESTING
6-3.01 General
All materials incorporated in the project shall meet the requirements of tests specified in the Standard Specifications and other minimum requirements specified herein or in the
Contract documents.
The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of the all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal. Reference is made to the technical specifications Section D for specific instructions.
These reports on any material must be submitted to the Engineer in writing and approved by the Engineer before incorporating that material in the work. All materials shall be adequately identified by tags or other means as that material which has been tested and approved. Lack of proper identification shall be considered adequate cause for rejection of any material, which cannot be properly inspected on the job.
The City reserves the right to make such additional inspections or tests as it may require prior to acceptance of any materials, and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such acceptance. Any material rejected by the City shall immediately be removed from the job site, and no payment will be allowed therefor.
The Contractor shall bear the expense for all unsatisfactory tests and deductions will be made from any moneys due or to become due the Contractor, sufficient to cover the cost of the tests.
Unless otherwise specified, all tests shall be performed in accordance with the methods used by the City of Vallejo Department of Public Works and shall be made by the Engineer or the Engineer's designated representative.
The State of California has developed methods for testing the quality of materials and work. These methods are identified by number and are referred to in the Specifications as California Test. Copies of individual California Tests are available at the Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.
Whenever the Specifications require compliance with specified values for the following properties, tests will be made by the California Test indicated unless otherwise specified:
Properties California Test
Relative Compaction 216 or 231
Sand Equivalent 217
Resistance (R-value) 301
Grading (Sieve Analysis) 202
Durability Index 229
Whenever a reference is made in the Specifications to a California Test by number, it shall mean the California Test in effect on the day the Notice to Contractors for the work is dated.
Whenever the Specifications provide an option between 2 or more tests, the Engineer will determine the test to be used.
Whenever a reference is made in the Specifications to a specification, manual or test designation either of the American Society for Testing and Materials, the American Association of State Highway and Transportation Officials, Federal Specifications or any other recognized national organization, and the number or other identification representing the year of adoption or latest revision is omitted, it shall mean the specification, manual or test designation in effect on the day the Notice to Contractors for the work is dated. Whenever the specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of those reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions in Section 6, "Control of Materials," and shall not constitute a waiver of the City of Vallejo's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at the Engineer's discretion, select random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at the Contractor's expense. The number of the samples and test specimens shall be entirely at the discretion of the Engineer.
Unidentified metal products, such as sheet, plate and hardware shall be subject to the requirements of Caltrans Specification Section 55-2.07, "Unidentified Stock Material." When requested by the Engineer, the Contractor shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to acceptance by the Engineer, except as provided in Section 6-1.07, "Certificates of Compliance." Samples of material from local sources shall be taken by or in the presence of the Engineer; otherwise, the samples will not be considered for testing. 6-3.02 Testing By Contractor
The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure control.
The test methods used for quality control testing shall be as determined by the Contractor.
The results of the testing shall be made available to the Engineer upon request. These tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests.
Full compensation for performing quality control tests and making the results available to the Engineer shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY
7-1.01 Laws to be Observed
The Contractor shall keep fully informed of all existing and future laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and material suppliers to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing.
7-1.01A Labor Code Requirements
Attention is directed to the following requirements of the Labor Code:
7-1.01A(1) Hours of Labor
Eight hours labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. 7-1.01A(2) Prevailing Wage
The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the
Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:
A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of
per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.
Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
https://www.dir.ca.gov/oprl/dprewagedetermination.htm
The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
The City of Vallejo will not recognize any claim for additional compensation because of
the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City of Vallejo on the Contract by Contractor.
7-1.01A(2)(a) Travel and Subsistence Payments
Attention is directed to the requirements in Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.
Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
7-1.01A(3) Payroll Records
Attention is directed to the requirements in Labor Code Section 1776, a portion of which is quoted below. Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.
A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.
F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).
In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from
progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."
The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
If by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000.
Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract. 7-1.01A(4) Labor Nondiscrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter."
Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NONDISCRIMINATION CLAUSE
“During the performance of this Contract, Contractor and its SUBCONTRACTORS shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and SUBCONTRACTORS shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
Contractors and SUBCONTRACTORS shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its SUBCONTRACTORS shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.”
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 7-1.01A(5) APPRENTICES
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works Contract. Responsibility for compliance with this section lies with the Contractor.
It is City of Vallejo policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards.
A. Only registered apprentices within a written agreement in an approved apprentice- training program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).
B. A contractor is no longer required to submit Form DAS-7, but must submit award information to the local applicable joint apprenticeship committee. The award
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.
7-1.01A(6) Workers' Compensation
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.
Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." This certification is incorporated in the Contract by reference, and signature and return of the Contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the certificate.
7-1.01A(7) Suits to Recover Penalties and Forfeitures
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or Contract provisions based on those laws.
Those sections provide that a suit on the Contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or the Contractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the Contract and the formal acceptance of the job.
7-1.01B Fair Labor Standards Act
The attention of Bidders is invited to the fact that the City of Vallejo has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in highway construction work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060).
7-1.01C Contractor's Licensing Laws
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. Contractor shall be properly licensed at all times during the performance of the work and performance of the Contract.
All Bidders and Contractors shall be licensed in accordance with the laws of this State and any Bidder or Contractor not so licensed is subject to the penalties imposed by those laws.
Attention is also directed to the requirements in Public Contract Code Section 10164. In all projects where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded.
7-1.01D Vehicle Code
Pursuant to the authority contained in Vehicle Code Section 591, the City of Vallejo has determined that within those areas that are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.
Attention is directed to the statement in Vehicle Code Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
7-1.01E (Intentionally Omitted)
7-1.01F Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code.
Unless otherwise provided in the special provisions, material to be disposed of shall not be burned, either inside or outside the highway right of way.
7-1.01G Water Pollution Control
7-1.01G(1) General
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment.
Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System (NPDES) regulated by the State of California Regional Water Quality Control Board (RWQCB) or the United States Environmental Protection Agency (EPA) other than uncontaminated stormwater.
The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. As applicable, the Contractor shall obtain Water Pollution Control Permits and file all documents including, but not limited to, the State of California Construction General Permit, Stormwater Pollution Prevention Plan. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Mare Island Strait, the Carquinez Strait, and the San Francisco Bay.
2) Sediments generated on the Work site shall be contained within the Work site using appropriate BMPs.
3) No construction-related materials, waste, spill or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff.
4) Non-storm water runoff from equipment, vehicle washing or any other activity shall be contained within the Work site using appropriate BMPs. 5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted or otherwise protected in a way that prevents discharge from the Work site.
In this subsection, the term “storm drain system” shall include water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces, channels, watercourses, creek, lakes, the estuary, and the San Francisco Bay.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or
revised water pollution control program.
The City of Vallejo will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.
Nothing in the terms of the Contract Documents nor in the provisions in this Section 7
1.01G Water Pollution Control shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. 7-1.01G(2) Best Management Practices (BMP)
For the purpose of eliminating stormwater pollution, the Contractor shall implement effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate stormwater pollution.
The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the project drawings or Specifications. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. Guidance for appropriate implementation of BMPs can be found in the 7-1.01G(5) Reference Publications, below. 7-1.01G(3) Storm Water Pollution Prevention Plan (SWPPP) When so specified in the Specifications, or if so required by a jurisdictional regulatory agency, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall conform to the requirements specified in the Specifications and those of the jurisdictional regulatory agency. The Notice of Intent will be filed by the City.
7-1.01G(4) (Intentionally Omitted)
7-1.01G(5) Reference Publications
Reference publications are as follows:
1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009-009-DWQ adopted on September 2, 2009. Available at: the following website:
http://www.swrcb.ca.gov/board_decisions/adopted_orders/water_quality/2012/wq o2012_0006_dwq.pdf
2. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook. Available at: the following website:
https://www.casqa.org/resources/bmp-handbooks
3. Erosion and Sediment Control Field Manual, San Francisco Regional Water Quality Control Board (SFRWQCB) Available from Friends of the San Francisco Estuary, 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2419 or (510) 622-2337. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
4. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Governments (ABAG.) Available from ABAG, 101 8th Street, Oakland, CA 94607, (510) 464-7900. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
5. CalTrans Stormwater Quality Handbooks. Available at: the following website:
https://dot.ca.gov/programs/construction/storm-water-and-water-pollution- control/manuals-and-handbooks
7-1.01G(6) Material Storage
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:
1. All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage. Materials set aside for recycling and salvage shall be delivered to the recycling station within five days.
2. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.
3. The Contractor is reminded that storage and disposal of all hazardous materials 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) (Intentionally Omitted)
7-1.01G(8) (Intentionally Omitted)
7-1.01G(10) (Intentionally Omitted)
7-1.01G(11) Spill Prevention and Control
The Contractor shall take all precautions to prevent accidental spills during construction.
However, in the event of a spill, the Contractor shall immediately contain any leaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean up and dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.
a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.
b. The Contractor shall report any hazardous materials spill immediately to the Vallejo Fire Department, the Solano County Department of Resource Management Environmental Services Division Hazardous Materials Section and other state and local agencies as required by state and local regulations. 7-1.01G(12) Vehicle/Equipment Cleaning
The use of soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinse water may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of 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. 7-1.01G(13) Contractor Training and Awareness
The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract
provisions to ensure that these requirements are met.
The Contractor shall mark all new catch basins constructed as part of the project with storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers shall be approved by the City Engineer.
7-1.01G(14) Good Housekeeping Practices
The Contractor shall implement the following applicable good housekeeping practices. a. Store all materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed waterproof containers.
b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution.
c. Secure opened bags of cement, and other light materials or powders that can be transported by wind.
d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. Store all wastes in covered containers or dispose of immediately.
Arrange for appropriate collection of those materials separated for recycling. e. Dispose of wash water to the sanitary sewer with the approval of VFWD 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 sediment and debris and replace or repair damaged sandbags immediately.)
7-1.01G(15) Payment
Unless otherwise specified in the Specifications, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (including dewatering) shall be deemed included in the price paid for associated contract bid items, and no additional payment shall be made therefor. 7-1.01G(16) Enforcement
Various sections of the Vallejo Municipal Code Chapter 12.41 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 avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
7-1.01J Assignment of Antitrust Actions
The Contractor's attention is directed to the following requirements in Public Contract Code 7103.5 and Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and the Contractor's subcontractors:
"In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."
7-1.02 Load Limitations
Unless expressly permitted in the special provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated bases, surfacing, pavement or structures in any areas within the limits of the project,
whether or not the area is subject to weight limitations under Section 7-1.01D, "Vehicle Code," except as hereinafter provided in this Section 7-1.02.
After application of the curing seal, no traffic or Contractor's equipment will be permitted on cement treated base or lean concrete base for a period of 72 hours. After 72 hours, traffic and equipment operated on the base shall be limited to that used in paving operations and placing additional layers of cement treated base. No traffic or Contractor's equipment will be permitted on treated permeable base except for that equipment required to place the permeable base and the subsequent layer of pavement. Trucks used to haul treated base, Portland cement concrete, or asphalt concrete shall enter onto the base to dump at the nearest practical entry point ahead of spreading equipment.
Empty haul trucks shall exit from the base at the nearest practical exit point. Entry and exit points shall not be more than 300 m {1,000 feet} ahead of spreading equipment except in locations where Specifications prohibit operation of trucks outside the area occupied by the base or where steep slopes or other conditions preclude safe operation of hauling equipment. In those locations, entry and exit points shall be established at the nearest point ahead of spreading equipment permitted by Specifications and allowing safe operation of hauling equipment. Damage to curing seal or base shall be repaired promptly by the Contractor, at the Contractor's expense, as directed by the Engineer.
Within the limits of the project and subject to the control of the Engineer, and provided that the Contractor, at the Contractor's expense, shall provide such protective measures as are deemed necessary by the Engineer and shall repair any damage caused by the operations, the Contractor will be permitted to:
Make transverse crossings of those portions of an existing public road or street that are within the highway right of way, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.
Make transverse crossings of treated bases, surfacing or pavement which are under construction or which have been completed, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.
Cross bridge structures that are not open to public traffic and which are designed for HS20-44 Live Loading (culverts and pipes excluded), with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code, but not exceeding the load limitations hereinafter specified, provided that the Contractor furnishes to the Engineer the dimensions and maximum axle loadings of equipment proposed for use on bridge structures:
The maximum loading on bridge structures due to pneumatic-tired truck and trailer combinations shall not exceed (1) 12,700 kg {28,000 pounds} for single axles, (2) 21,700 kg {48,000 pounds} for tandem axles, nor (3) 27,200 kg {60,000 pounds} total gross load for single vehicles or 50,000 kg {110,000 pounds} total gross load for truck and trailer or semi-trailer combinations.
The loading on bridge structures due to 2 and 3 axle pneumatic-tired earthmovers shall not exceed that shown in the following table.
Allowable Construction Loading On Bridges
For 2 and 3 Axle Earthmovers
Spacing of Bridge Girders (center to
center in meters {feet})
Maximum Axle Loading (in kilograms
{pounds})
1.2 {4} 12,700 {28,000}
1.5 {5} 13,100 {29,000}
1.8 {6} 13,600 {30,000}
2.1 {7} 14,500 {32,000}
2.4 {8} 15,400 {34,000}
2.7 {9} 16,700 {37,000}
3.0 {10} and over 18,000 {40,000}
Minimum axle spacing:
For 3-axle earthmovers
Axles 1 to 2 = 2.4 m {8 feet}
Axles 2 to 3 = 6.1 m {20 feet}
For 2-axle earthmovers
Axles 1 to 2 = 6.1 m {20 feet}
Move equipment within the limits of the project over completed or existing base, surfacing, pavement and structures, whether or not open to the public, in accordance with the limitations and conditions in the "Permit Policy" of the City of Vallejo of Transportation.
Within the limits of the project and subject to the condition that the Contractor shall repair, at the Contractor's expense, any damage caused thereby, the Contractor will be permitted to cross culverts and pipes with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code in accordance with the conditions set forth on the drawings. If the conditions are not set forth on the drawings, the provisions in the first paragraph in this Section 7-1.02 will apply.
Should the Contractor desire to increase the load carrying capacity of a structure or structures which are to be constructed as a part of the Contract, in order to facilitate the Contractor's own operations, the Contractor may request the Engineer to consider redesigning the structure or structures. Proposals by the Contractor to increase the load carrying capacity of structures above 59 000 kg {130,000 pounds} per single axle or pair of axles less than 2.4 m {8 feet} apart, or above 149 000 kg {330,000 pounds} total gross vehicle weight, will not be approved. The request shall include a description of the structure or structures involved and a detailed description of the overloads to be carried, the date the revised drawings would be required, and a statement that the Contractor agrees to pay all costs involved in the strengthening of the structure or structures, including the cost of revised drawings, and further that the Contractor agrees that no extension of time will be allowed by reason of any delay to the work which may be due to the alteration of the structure or structures. If the Engineer determines that strengthening the structure or structures will be permitted, the Engineer will inform the Contractor of the
estimated cost of the alterations, including engineering, and the date that revised drawings could be furnished. If the cost and date are satisfactory to the Contractor, the Engineer will prepare a change order providing for the agreed upon alterations.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.
7-1.03 Payment of Taxes
The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City of Vallejo, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. 7-1.04 Permits and Licenses
The City will waive all required City of Vallejo permit fees for this project.
The Contractor and all subcontractors shall obtain and keep current for the duration of the project a City of Vallejo business license.
The Contractor shall give all notices required by and comply with all laws, codes, ordinances and regulations. Before installing any work, the Contractor shall carefully examine the Contract Documents for compliance with all laws, codes, ordinances and regulations and shall immediately report any discrepancy to the Engineer.
Should the Contractor proceed with the construction and/or install any utility variance, notwithstanding the fact that such installation is in compliance with the Contract Documents, or should the Contractor install any work not in compliance with all laws, codes, ordinances and regulations, the Contractor shall remove such work without cost to the City of Vallejo.
The Contractor shall commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.
The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176, inclusive) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the
Contract. The Contractor shall comply with the provisions of those statutes in obtaining the permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City of Vallejo has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in the Environmental Quality Act or any other authority, the Contractor shall comply with the provisions of those permits, licenses and other authorizations.
7-1.05 Patents
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Vallejo, the Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. 7-1.06 Safety and Health Provisions
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.
Working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders.
All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.
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 (Intentionally Omitted)
7-1.08 Public Convenience
This Section 7-1.08 defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with the Contractor's operations.
Attention is directed to Section 4-1.04, "Detours," for provisions relating to the passage of traffic around the work over detours.
Attention is directed to Section 7-1.09, "Public Safety," for provisions relating to the Contractor's responsibility for the safety of the public. The provisions in Section 7-1.09 are in addition to the provisions in this Section 7-1.08, and the Contractor will not be
relieved of the responsibilities as set forth in Section 7-1.09 by reason of conformance with any of the provisions in this Section 7-1.08.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions in this Section 7-1.08 and Section 7-1.09.
In the event of a suspension of the work, attention is directed to Section 8-1.05, "Temporary Suspension of Work."
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.
Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.
Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 4-1.03D.
Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations; and if ordered by the Engineer roadway cuts shall be excavated in lifts and embankments constructed part width at a time,
construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on but one-half the width of the traveled way at a time, and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic.
Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic.
After the surface of the roadbed has been brought to a smooth and even condition for the passage of public traffic as above provided, any work ordered by the Engineer for the accommodation of public traffic prior to commencing subgrade operations will be paid for as extra work as provided in Section 4-1.03D. After subgrade preparation for a specified layer of material has been completed, the Contractor shall, at the Contractor's expense, repair any damage to the roadbed or completed subgrade, including damage caused by the Contractor's operations or use by public traffic.
While subgrade and paving operations are underway, public traffic shall be permitted to use the shoulders and, if half-width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at locations where subgrade and paving operations are in active progress.
Any shaping of shoulders or reshaping of subgrade necessary for the accommodation of public traffic thereon during subgrade preparation and paving operations will be paid for as extra work as provided in Section 4-1.03D.
The Contractor will be required to pay the cost of replacing or repairing all facilities installed under extra work for the convenience or direction or warning of public traffic that are lost while in the Contractor's custody, or are damaged by reason of the Contractor's operations to such an extent as to require replacement or repair, and deductions from any moneys due or to become due the Contractor will be made to cover the cost.
Whenever a section of surfacing, pavement or the deck of a structure has been completed, the Contractor shall open it to use by public traffic if the Engineer so orders or may open it to use by public traffic if the Engineer so consents. In either case the Contractor will not be allowed any compensation due to any delay, hindrance or inconvenience to the Contractor's operations caused by public traffic, but will thereupon be relieved of responsibility for damage to completed permanent facilities caused by public traffic, within the limits of that use. The Contractor will not be relieved of any other responsibility under the Contract nor will the Contractor be relieved of cleanup and finishing operations.
Except as otherwise provided in this Section 7-1.08 or in the special provisions, full compensation for conforming to the provisions in this Section 7-1.08 shall be considered as included in the prices paid for the various Contract items of work and no additional
compensation will be allowed therefor.
Contractor shall furnish, install and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The contractor shall submit a Traffic Control Plan for review and acceptance by the Engineer at the pre- construction meeting.
The Contractor shall designate in writing the name, address and telephone number of the employee and the superintendent to contact after working hours for the proper maintenance of barriers and signs.
Barricades of the flashing beacon variety shall be placed at each excavation site and left until the Engineer deems there is no longer a hazard.
Full compensation for furnishing all flag persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefor. 7-1.09 Public Safety
It is the Contractor's responsibility to provide for the safety of traffic and the public during construction.
Attention is directed to Section 7-1.12, "Indemnification and Insurance." Attention is directed to Section 7-1.08, "Public Convenience," for provisions relating to the Contractor's responsibility for providing for the convenience of the public in connection with the Contractor's operations.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions of Section 7-1.08 and this Section 7-1.09.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, at the Contractor's expense and without cost to the City of Vallejo, furnish, erect and maintain those fences, temporary railing (Type K), barricades, lights, signs and other devices and take such other protective measures that are necessary to prevent accidents or damage or injury to the public.
Fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected and maintained by the Contractor, at the Contractor's expense, are in addition to any construction area traffic control devices for which payment is provided for elsewhere in the Contract Documents.
The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and payment therefor will be made as provided in Section 12-2.02, "Flagging Costs." Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current Manual of Traffic Controls. Signs or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the Specifications. Signs furnished and erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.
The installation of general roadway illumination shall not relieve the Contractor of the responsibility for furnishing and maintaining any of the protective facilities herein before specified.
Construction equipment shall enter and leave the highway via existing ramps and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.
The Contractor's trucks or other mobile equipment which leave a freeway lane, that is open to public traffic, to enter the construction area, shall slow down gradually in advance of the location of the turnoff to give following public traffic an opportunity to slow down.
When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
Lanes, ramps and shoulders shall be closed in accordance with the details shown on the drawings, the provisions of Section 12, "Construction Area Traffic Control Devices," and as provided in the special provisions.
The Contractor shall notify the Engineer not less than 15 days before the anticipated start of each falsework and girder erection operation whenever the falsework or girders will reduce clearances available to public traffic.
Pedestrian openings through falsework shall be paved or provided with full width continuous wood walks and shall be kept clear. Pedestrians shall be protected from falling objects and curing water for concrete. Overhead protection for pedestrians shall extend not less than 1.2 m {4 feet} beyond the edge of the bridge deck. All pedestrian openings through falsework shall be illuminated in conformance with the provisions in Section 86-6.11, "Falsework Lighting."
Where the height of vehicular openings through falsework is less than 4.6 m {15 feet}, a W34B "Vertical Clearance" sign shall be provided above each opening facing
approaching traffic. The signs shall have black letters and numbers on an orange reflectorized background and shall be illuminated so that the signs are clearly visible. The minimum height of the letters and numbers shall be 150 mm {6 inches} and 250 mm {10 inches}, respectively.
No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.
Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.
Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the Contract for those facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved.
Working drawings and design calculations for the temporary facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for review pursuant to Section 5-1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.
Should the Contractor appear to be neglectful or negligent in furnishing warning devices and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at the Contractor's expense.
Should the Engineer point out the inadequacy of warning devices and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.
Provision for the payment for signs, lights, flares, temporary railing (Type K), barricades, and other facilities by extra work as provided in Section 7-1.08, "Public Convenience," or by Contract item as provided in Section 12, "Construction Area Traffic Control Devices," shall in nowise relieve the Contractor from the responsibility as provided in this Section 7-1.09.
Except as otherwise provided in this Section 7-1.09 or in the special provisions, full compensation for conforming to all of the provisions in this Section 7-1.09 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction
waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.
Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.
No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.
7-1.10 Use of Explosives
Explosives shall not be used unless explicitly required in the Contract Documents.
When explosives are used, the Contractor shall exercise the utmost care not to endanger life or property.
In advance of doing any blasting work within 60 m {200 feet} of any railroad's tracks or structures, the Contractor shall notify the railroad of the location, date, time and approximate duration of the blasting operations.
7-1.11 Preservation of Property
Attention is directed to Section 7-1.12, "Indemnification and Insurance," and to Section 8-1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.
Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.
The fact that any underground facility is not shown upon the drawings shall not relieve the Contractor of the responsibility under Section 8-1.10, "Utility and Non-Highway Facilities." It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of those underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.
Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the Engineer shall be rectified to the satisfaction of the Engineer within a reasonable time, depending upon the extent of the damage. Said reasonable time shall be as determined by the Engineer, and if the condition is not rectified, the Engineer shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 7-1.11, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor. 7-1.12 INDEMNIFICATION AND INSURANCE
The Contractor's obligations regarding indemnification of the City of Vallejo and the requirements for insurance shall conform to the provisions in Sections 7-1.12A, "Indemnification," and 7-1.12B, "Insurance," of this Section 7-1.12. 7-1.12A Indemnification
Contractor shall, to the maximum extend allowed by law, defend, indemnify, and save harmless City of Vallejo (including its inspectors, project managers, trustees, officers, agents, members, employees, affiliates, consultants, subconsultants, and representatives), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever arising out of, or in connection with, Contractor's operations to be performed under this Contract, including, but not limited to:
A. Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, Contractor, any employees or agents of Contractor, City of Vallejo, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of Contractor, its agents, employees, subcontractors or material suppliers, City of Vallejo, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;
B. Penalties threatened, sought, or imposed on account of the violation of any law,
order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Contractor, its agents, employees, subcontractors or material suppliers;
C. Alleged infringement of any patent rights which may be brought arising out of Contractor's work;
D. Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens;
E. Contractor's failure to fulfill any of the covenants set forth in these Contract Documents;
F. Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and,
G. Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.
The indemnities set forth in this section shall not be limited by the insurance requirements set forth in these Contract Documents.
Contractor's indemnification of City of Vallejo will not include indemnification for claims which arise as the result of the active negligence of City of Vallejo, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons. 7-1.12B INSURANCE
Insurance shall conform to the following requirements: The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, employees or SUBCONTRACTORS. Such insurance shall not be construed to relieve the Contractor of any liability in excess of such coverage.
The cost of such insurance shall be included in the Contractor's bid.
A.. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Comprehensive General Liability Insurance Services.
2. Automobile Liability insurance.
3. Umbrella/Excess Liability insurance.
4. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
5. Pollution Liability Insurance.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence. $2,000,000 general aggregate for bodily injury, personal injury, and property damage including blanket contractual liability. $2,000,000 completed operations aggregate that shall extend a minimum of three (3) years’ beyond project completion..
2. Automobile Liability: $1,000,000 per occurrence, including owned, non-owned and hired vehicles.
3. Umbrella/Excess Liability: $4,000,000; for bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages above, including commercial general liability and employer’s liability, to include the following terms and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
i. Pay on Behalf of Insured” wording (NOT reimbursement) ii. Concurrency of effective dates with primary policies; and iii. Policies shall follow form to the underlying primary policies.
4. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
5. Pollution Liability Insurance: $1,000,000 per claim and in the aggregate.
C. Deductibles and Self-Insured Retention
Any deductibles or self - insured retention must be declared to and accepted
by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
1. General Liability and Automobile Liability Coverage
a. The City must be named an additional insured on the ACORD form and on an endorsement form using the following
language: “The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the
Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants.”
b. The endorsement must state that the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants shall be excess of the Contractor's insurance and shall not contribute with it. c Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants.
d. The Contractor's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage a. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City and the Engineer, its officers, directors,
employees and subconsultants.
3. All Coverage
a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Include insurer’s NAIC numbers on ACCORD form.
G. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
H. Builder's Risk Insurance
Upon commencement of construction, contractor shall obtain and maintain builder’s risk insurance as specified below:
i) Completed Operations Coverage:$2,000,000 which shall extend three (3) years beyond project completion.
I. Exclusions
This insurance does not cover tools owned by mechanics, any tools, equipment, scaffolding, staging, towers, and forms rented or owned by the
Contractor, the capital value of which is not included in the cost of the work or any shanties or other structures erected for the sole convenience of the workers.
J. Cancellation or Non-Renewal
Policies must provide that notice of cancellation or non-renewal must be received by the City at least thirty days prior to such event. 7-1.12B(4) Enforcement
The City of Vallejo may take any steps as are necessary to assure Contractor's compliance with its obligations. Should any insurance policy lapse or be canceled during the Contract period the Contractor shall, within thirty (30) days prior to the effective expiration or cancellation date, furnish the City of Vallejo with evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein provided is a material breach of Contract. In the event the Contractor fails to maintain any insurance coverage required, the City of Vallejo may, but is not required to, maintain this coverage and charge the expense to the Contractor or terminate Contractor’s control over the work. The required insurance shall be subject to the review and acceptance of City of Vallejo, but any acceptance of insurance certificates by the City of Vallejo shall in no way limit or relieve the Contractor of the Contractor's duties and responsibilities under the Contract to indemnify, defend and hold harmless the City of Vallejo, its officers, agents, and employees. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City of Vallejo from taking other actions as is available to it under any other provision of the Contract or law. Failure of the City of Vallejo to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at a later date.
7-1.12B(5) Self-Insurance
Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and acceptance by the City of Vallejo of evidence of the Contractor's financial capacity to respond. Additionally, self-insurance programs or retentions must provide the City of Vallejo with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance. 7-1.12B(6) Miscellaneous
Nothing contained in the Contract is intended to make the public or any member thereof a third party beneficiary of the Insurance or Indemnity provisions of these Standard Specifications, nor is any term, condition or other provision of the Contract intended to establish a standard of care owed to the public or any member thereof. 7-1.125 Legal Actions Against the City of Vallejo
In the event litigation is brought against the City of Vallejo concerning compliance by the City of Vallejo with State or Federal laws, rules or regulations applicable to public works construction, the provisions of this Section 7-1.125 shall apply.
A. If, pursuant to court order, the City of Vallejo prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," unless the Contract is terminated as hereinafter provided.
B. If, pursuant to court order (other than an order to show cause) the City of Vallejo is prohibited from requiring the Contractor to perform all or any portion of the work, the City of Vallejo may, if it so elects, eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.
C. If the final judgment in the action prohibits the City of Vallejo from requiring the Contractor to perform all or any portion of the work, the City of Vallejo will either eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.
D. If the Contract is to be terminated, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions in Section 8-1.11, "Termination of Contract."
7-1.13 Disposal of Material Outside the Public Right of Way If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City of Vallejo, or, if material is to be disposed of and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the public right of way and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material outside the public right of way, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site(s) involved and has obtained the appropriate permits, licenses and clearances.
When any material is to be disposed of outside the public right of way, and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City of Vallejo from any and all responsibility in connection with the disposal of material on the property. Before any material is disposed of on the property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.
When material is disposed of as above provided and the disposal location is visible from public view, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.
Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.
Such arrangements are not a part of the Contract and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property, or that any material can be disposed of on the property.
In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners' properties.
The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 7-1.13 concerning the documents.
The Bidder or Contractor shall make such independent investigation and examination as the Bidder or Contractor deems necessary to be satisfied as to the quantity and types of materials which may be disposed of on the property (if any) and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.
Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:
A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the disposal site on any terms mutually agreeable to the owner and the Contractor; provided that the Contractor
shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.
If the Contractor elects to dispose of material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo and the Contractor shall pay those charges that are provided for in the arrangement made by the City of Vallejo with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material disposed of.
If the Contractor elects to dispose of material under (2), the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.
Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of either - (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.
Full compensation for all costs involved in disposing of materials as specified in this Section 7-1.13, including all costs of hauling, shall be considered as included in the price paid for the Contract item of work involving the materials and no additional compensation will be allowed therefor.
7-1.14 Cooperation
Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other Contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform, or to have performed, other or additional work at or near the site (including material sources) at any time, by the use of other forces, without changing the character of the work.
When 2 or more Contractors are employed on related or adjacent work, or obtain materials from the same material source, as provided in Section 6-2.02, "Possible Local Material Sources," or Section 6-2.03, "Mandatory Local Material Sources," each shall conduct their operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.
7-1.15 (Intentionally Omitted)
7-1.16 Contractor's Responsibility for the Work and Materials The Contractor shall be completely responsible for the care and condition of the project improvements in their entirety until completion of the maintenance period and acceptance by the City. The Contractor shall provide all watchmen, guards, and security devices, as he/she deems necessary.
Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein (including materials for which the Contractor has received partial payment as provided in Section 9-1.06, "Partial Payments," or materials which have been furnished by the City of Vallejo) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work, except as provided in Sections 7-1.08, "Public Convenience," and 7-1.15, "Relief From Maintenance and Responsibility." The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," and in Section 19-2.04, "Slides and Slipouts," and except for those injuries, losses, or damages that are directly and proximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work or materials from damage, the Contractor shall, at the Contractor's expense, provide suitable drainage of the roadway and erect those temporary structures that are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of the responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at the Contractor's expense, properly store materials which have been partially paid for by the City of Vallejo or which have been furnished by the City of Vallejo. Storage by the Contractor shall be on behalf of the City of Vallejo and the City of Vallejo shall at all times be entitled to the possession of the materials, and the Contractor shall promptly return the materials to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer. 7-1.165 Damage by Storm, Flood, Tsunami or Earthquake
Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials." In the event damage to the work is caused by a storm, flood, tsunami, earthquake or other natural disaster which constitutes an "Occurrence," as hereinafter defined, the provisions in this Section 7-1.165 shall be applicable, and the Contractor may apply in writing to the Engineer for the City of Vallejo to pay or participate in the cost of repairing damage to the work from that cause or, in lieu thereof, and at the sole discretion of the City of Vallejo, terminate the Contract and relieve the Contractor of further obligation
to perform the work, subject to the following:
A. Occurrence - "Occurrence" shall include tsunamis, earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and storms, floods and other natural disasters as to which the Governor has proclaimed a state of emergency when the damaged work is located within the territorial limits to which the proclamation is applicable or, which were, in the opinion of the Engineer, of a magnitude at the site of the work sufficient to have caused such a proclamation had they occurred in a populated area or in an area in which such a proclamation was not already in effect.
B. Application by Contractor - The Contractor's written request for the City of Vallejo to pay or to participate in the cost of rebuilding, repairing, restoring or otherwise remedying the damage to the work caused by the Occurrence shall be submitted to the Engineer before performing any work other than emergency work, including emergency work necessary to provide for passage of public traffic.
C. Protecting the Work from Damage - Nothing in this section shall be construed to relieve the Contractor of the responsibility to protect the work from damage. The Contractor shall bear the entire cost of repairing damage to the work caused by the Occurrence which the Engineer determines was due to the failure of the Contractor to comply with the requirements of the Contract Documents, take the best measures to protect the work or exercise the best engineering and construction practices in the conduct of the work, and those repair costs shall be excluded from consideration under the provisions of this section.
D. Repair Work - Repair of damaged work under the provisions of this section shall be pursuant to a Contract change order issued hereunder and specifying the repair work to be performed on the damaged facility. The repair work shall consist of restoring the in-place construction (for the purposes of this section erected falsework and formwork shall be considered in-place construction) to the same state of completion to which the work had advanced prior to the Occurrence.
Emergency work which the Engineer determines would have been part of the repair work if it had not previously been performed, will be considered to be part of the repair work.
The City of Vallejo reserves the right to make changes in the drawings and Specifications applicable to the portions of the work to be repaired, and if those changes will increase the cost of repairing the damage over the Engineer's estimate of the cost of repair without the changes, the Contractor will be paid for the increased costs in accordance with Subsection E and the increased cost amount shall not be considered in determining the cost of repair to be borne by the Contractor under Subsection F.
Nothing in this section shall be construed to relieve the Contractor of full responsibility for the risk of injury, loss or damage to materials not yet incorporated in the work and to materials, tools and equipment (except erected falsework and formwork) used to perform the work, or to relieve the Contractor of responsibility under Section 7-1.12,
"Indemnification and Insurance." The provisions of this section shall not be applicable to the repair of damage caused by an Occurrence to any portion of the work as to which the Contractor has been granted relief from maintenance and responsibility pursuant to Section 7-1.15, "Relief From Maintenance and Responsibility," or to the removal of slides and slipouts or the repair and restoration of damage to the work resulting from slides and slipouts pursuant to Section 19-2.04, "Slides and Slipouts." E. Determination of Costs - Unless otherwise agreed between the Engineer and the Contractor, the cost of the work performed pursuant to this Section 7-1.165 will be determined in conformance with the provisions in Section 9-1.03, "Force Account Payment," except there shall be no markup allowance pursuant to Section 9-1.03A, "Work Performed by Contractor," unless the Occurrence that caused the damage was a tsunami or earthquake. The cost of emergency work, which the Engineer determines would have been part of the repair work if it had not previously been performed, will be determined in the same manner as the authorized repair work. The cost of repairing damaged work which was not in compliance with the requirements of the drawings and Specifications shall be borne solely by the Contractor, and those costs shall not be considered in determining the cost of repair under this Subsection E.
F. Payment for Repair Work - BLANK
G. Termination of Contract - If the City of Vallejo elects to terminate the Contract, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8-1.11, "Termination of Contract."
7-1.17 Acceptance of Contract
When the Engineer has made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the Contract work has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the Director formally accept the Work as complete. Upon satisfactory completion of the Work and following the written acceptance of the Work as such by the Director or the Director’s designated representative, the Engineer shall recommend the acceptance of the Contract to the City Council. Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Solano County Recorder's Office.
7-1.18 Property Rights in Materials
Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made as provided in Section 9-1.06, "Partial Payments," for material delivered on the ground or stored subject to or under the control of the City of Vallejo and unused. All the material shall become the property of the City of Vallejo
upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City of Vallejo and unused, as provided in Section 9-1.06.
7-1.19 Rights in Land and Improvements
Nothing in these Contract Documents shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City of Vallejo and any owner, former owner, or tenant of the land, structure, or building.
The Contractor shall not occupy City of Vallejo-owned property outside the right of way as shown on the drawings or maps, unless the Contractor enters into a rental agreement with the City of Vallejo. The agreement will be based on the fair rental values. 7-1.20 Personal Liability
Neither the Director, the Engineer nor any other officer or authorized employee of the City of Vallejo, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Contract. 7-1.21 Repair of Equipment
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment or tools used in or upon the work shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the Contract, shall be subject to all the requirements relating to labor set forth in these Contract Documents.
7-1.22 Material Plants
The construction, erection and operation of material production, proportioning or mixing plants from which material is used wholly on the Contract or on Contracts with the City of Vallejo shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on those plants shall be subject to all of the requirements relating to labor set forth in these Contract Documents.