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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 w ith 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 plans 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 me chanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of 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.
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PROSECUTION AND PROGRESS
8-1.01 Subcontracting
The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under the Contractor's control.
No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents.
The Contractor shall perform, with the Contractor's own organization, Contract work amounting to not less than 50 percent of the original total Contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total Contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Engineer's Estimate are preceded by the letters (S) or (S -F), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract item bid price. When a portion of an ite m is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to acceptance by the Engineer.
Subcontracts shall include provisions that the Contract between the City of Vallejo and the Contractor is part of the subcontract, and that all terms and provisions of the Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer within three (3) days of the Engineer’s request.
Before work is started on a subcontract, the Contractor shall file with the Engineer a written statement showing the work to be subcontracted, the names of the subcontractors and the description of each portion of the work to be subcontracted.
Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
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When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City of Vallejo, the subcontractor shall be removed immediately on the request of the Engineer and shall not again be employed on the work.
The roadside production of materials produced by other than the Contractor's forces shall be considered as subcontracted. Roadside production of materials shall be construed to be production of aggregates of all kinds with portable, semi portable or temporary crushing or screening, proportioning and mixing plants established or reopened for the purpose of supplying aggregate or material for a particular project or projects. The erection, establishment or reopening of the plants and the operation thereof in the production of materials for use on the work shall conform to the requirements relating to labor set forth in these Specifications and in the special provisions.
When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the Engineer, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
In no case shall the use of subcontractors in any way alter the position of the Contractor or Contractor's sureties with relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.
The Contractor shall pay, when due, all valid claims of subcontractors, suppliers, and workmen with respect to the project.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.
8-1.02 Assignment
The performance of the Contract may not be assigned, except upon the written consent of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract nor will the Director consent to any assignment of a part of the work under the Contract.
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The Contractor may assign moneys due or to become due the Contractor under the Contract and the assignment will be recognized by the City of Vallejo, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo.
8-1.03 Beginning of Work
The Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.
The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work at least 72 hours before work is begun. The notice shall be delivered to the Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.
Should the Contractor begin work in advance of receiving written Notice to Proceed, any work performed by the Contractor in advance of the date of Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk and as a volunteer.
The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation and certificates of insurance.
If Contractor has not provided City of Vallejo with all documents required by these Contract Documents as of the date of the Notice to Proceed, Contractor shall not be allowed on the site of the work or allowed to start work on the Project, notwithstanding the issuance of a Notice to Proceed.
When the Contractor has started work on the Project, the Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.
The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City of Vallejo with all documentation required by these Contract Documents. In no event shall there be a period of time greater than thirty (30) days, from the time the Contract forms are first received by
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the Contractor and the commencement of the contract time, regardless of the receipt or lack thereof by City of Vallejo of all documents required by these Contract Documents. The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these Specifications and the special provisions.
8-1.04 (Blank)
8-1.05 Temporary Suspension of Work
The Engineer shall have the authority to suspend the work wholly or in part, for any time period as the Engineer deems necessary, due to unsuitable weather, or to such other conditions considered unfavorable for the suitable prosecution of the work, or for any time period as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract, or for any other reason. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or accepted in writing by the Engineer, or as directed by the Engineer.
In the event that a suspension of work is ordered as provided above, and should that suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of work, which work, in the sole opi nion of the Engineer, could have been performed prior to the occurrence of the unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in Sections 7- 1.08, "Public Convenience," and 7 -1.09, "Public Safety," and as specifie d in the special provisions for the work. In the event that the Contractor fails to perform the work above specified, the City of Vallejo will perform that work and the cost thereof will be deducted from moneys due or to become due the Contractor.
In the event that a suspension of work is ordered by the Engineer due to unsuitable weather conditions, and in the sole opinion of the Engineer, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 4- 1.03D or, at the option of the Engineer, that work will be performed by the City of Vallejo at no cost to the Contractor.
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If the Engineer orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to other conditions considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8-1.06, "Time of Completion." If a portion of work at the time of the suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.
If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-1.06, "Time of Completion."
No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.
Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays."
In the event of a suspension of work under any of the conditions set forth in this Section 8- 1.05, the suspension of work shall not relieve the Contractor of the responsibilities as set forth in Section 7, "Legal Relations and Responsibility."
8-1.06 Time of Completion
The Contractor shall complete all or any designated portion of the work called for under the Contract Documents in all parts and requirements within the time set forth in the Contract Documents.
8-1.07 Liquidated Damages
It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements is not completed within the number of calendar days as set forth in the Contract Documents, damage will be sustained by the City of Vallejo, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City of Vallejo will sustain in the event of and by reason of the delay; and it is therefore agreed that the
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Contractor will pay to the City of Vallejo, the sum set forth in the Contract Documents per day for each and every calendar day's delay in completing the work in excess of the number of working days prescribed; and the Contractor agrees to pay the liquidated damages herein provided for, and further agrees that the City of Vallejo may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.
The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Contract Documents for the completion of the work caused by acts of God or of the public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes , provided that the Contractor shall notify the Engineer in writing of the causes of delay within 3 days from the beginning of that delay. The Engineer shall ascertain the facts and the extent of the delay, and the Engineer's findings thereon shall be final and conclusive.
No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources in a diligent and timely manner, and further proof in the form of supplementary progress schedules, as required in Section 8 -1.04, "Progress Schedule," that the inability to obtain the materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time.
Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials.
Except for the additional compensation provided for in Section 8- 1.09, "Right of Way Delays," the Contractor shall have no claim for damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section
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8-1.08 Termination of Control
Whenever, in the opinion of the City of Vallejo, the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City of Vallejo may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.
If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, the City of Vallejo may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor's sureties.
Upon such termination, the City of Vallejo may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City of Vallejo assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City of Vallejo agrees to pay for such materials and the use of said equipment at a reasonable compensation.
Upon such termination or the City of Vallejo's declaration that the Contractor is in default, the City of Vallejo may direct the surety to complete, or cause to be completed, the Contract work, or the City of Vallejo may direct that all or any part of the work be completed by day labor, or by employment of other contractors on informal contracts, or both. If the City of Vallejo directs the surety to complete or cause to be completed, the Contract work, Contractor's performance bond surety agrees to immediately undertake to complete or cause to be completed, all Contract work. If surety fails or refuses to immediately complete or cause to be completed, all Contract work, surety agrees that damage will be sustained by the City of Vallejo, and that it is and will be impracticable to determine the actual amount of damage by reason of such acts; and the Contractor and surety agree that in addition to any other damages City of Vallejo may sustain and may be recovered pursuant to these Contract Documents, includi ng but not limited to, other liquidated damages for delay, or actual damages, the sum of FIVE HUNDRED DOLLARS ($500.00) is a reasonable amount to be charged as liquidated damages for each day surety fails or refuses to complete or cause to be completed, all Contract work, and it is therefore agreed that the Contractor and
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surety will pay to the City of Vallejo this sum, for each and every calendar day surety fails or refuses to complete or cause to be completed, the Contract work; and the Contractor and surety further agree that the City of Vallejo may deduct and retain the amount thereof from any monies due the Contractor under the Contract.
If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City of Vallejo in finishing the work, plus all damages sustained, or to be sustained, by the City of Vallejo, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contr actor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor.
If the sum so expended exceeds the unpaid balance, the Contractor and Contractor's surety are liable to the City of Vallejo for the amount of such excess.
If the surety completes the Contract work as provided above, such surety shall be subrogated to money due under the Contract, and to money which shall become due in the course of completion by the surety. However, Contractor and surety agree that any subrogation rights of surety are subordinate to and inferior to rights of City of Vallejo.
The City of Vallejo reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.
8-1.09 Right of Way Delays
If, through the failure of the City of Vallejo to acquire or clear right of way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant, there shall be paid to the Contractor that amount that the Engineer may find to be a fair and reasonable compensation for that part of the Contractor's actual loss, that, in the opinion of the Engineer, was unavoidable, determined as follows:
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Section 9- 1.03A(3), "Equipment Rental," with the following exceptions:
A. The right of way delay factor for each classification of equipment shown in the State Department of Transportation publication entitled Labor
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Surcharge And Equipment Rental Rates, which is a part of the Contract, will be applied to that equipment rental rate.
B. The time for which the compensation will be paid will be the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day.
C. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay, except that when rental of equipment is paid for under the provisions in Section 9- 1.03A (3b), "Equipment not on the Wo rk," no payment will be made for right of way delays in conformance with the provisions in this Section 8-1.09.
Actual loss shall be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this Section 8-1.09 and compensation for idle time of workers will be determined as provided in Section 9- 1.03A(1), "Labor," and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided in Section 4-1.03D.
If performance of the Contractor's work is delayed as the result of the failure of the City of Vallejo to acquire or clear right of way, an extension of time determined pursuant to the provisions in Section 8- 1.07, "Liquidated Damages," will be granted.
8-1.10 Utility and Non-Highway Facilities
It is anticipated that some or all of the utility and other non-highway facilities, both above ground and below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as a part of the highway improvement will be rearranged in advance of construction operations. Where it is not anticipated that the rearrangement will be performed prior to construction, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the plans or in the special provisions. Where a rearrangement is indicated on the plans or in the special provisions, the Contractor will have no liability for the costs of performing the work involved in the rearrangement.
The right is reserved to the City of Vallejo and the owners of facilities, or their
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authorized agents, to enter upon the highway right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces. Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non- highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.
Attention is directed to the possible existence of underground facilities and utilities not indicated in the Contract Documents and to the possibility that utilities may be in a location different from that which is indicated in the Contract Documents. The Contractor shall ascertain the exact location of all utilities, the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities prior to doing work.
If the Contractor cannot locate an underground facility or utility whose presence is indicated in the Contract Documents after a diligent search and investigation, the Contractor shall immediately so notify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the plans or in the special provisions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4-1.03D.
If the Contractor discovers utilities not indicated in the Contract Documents, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The utilities shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in Section 4- 1.03D. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the utilities. The cost of that r epair work, not due to the failure of the Contractor to exercise reasonable care or to comply with the terms of the Contract Documents, will be paid for as extra work as provided in Section 4- 1.03D. Damage due to the Contractor's failure to exercise reaso nable care or comply with the Contract Documents shall be repaired at the Contractor's cost and expense.
Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the highway improvement and the plans and Specifications do not provide that the facility is to be rearranged, the Engineer will p rovide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-1.03D.
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When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4-1.03D.
Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the plans or in the special provisions, the Contractor shall make whatever arrangements are necessary with the owners of the utility or other non- highway facility for the rearrangement and bear all expenses in connection therewith.
The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not indicated on the plans or in the special provisions or were located in a position substantially different from that indicated on the plans or in the special provisions, or as a direct result of utility or other non- highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). These delays will be considered right of way delays within the meaning of Section 8- 1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09. The Contractor shall be entitled to no other compensation for that delay.
Any delays to the Contractor's operations as a direct result of utility or other non-highway facilities not being rearranged as provided in this Section 8-1.10, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in Section 8 -1.07, "Liquidated Damages." The Contractor shall be entitled to no other compensation for that delay.
8-1.11 Termination of Contract
The Contract may be terminated by the Director when termination is authorized by Section 7- 1.125, "Legal Actions Against the City of Vallejo," Section 7- 1.165, "Damage by Storm, Flood, Tsunami or Earthquake," or by other provisions of the Contract which authorize termination. The City of Vallejo also reserves the right to terminate the Contract at any time upon a determination by the Director that termination of the Contract is in the best interest of the City of Vallejo.
If the Director elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the
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following:
A. The Engineer will issue the Contractor a written notice signed by the Director, specifying that the Contract is to be terminated. Upon receipt of the written notice, the Contractor will be relieved of further responsibility for damage to the work (excludi ng materials) as specified in Section 7- 1.16, "Contractor's Responsibility for the Work and Materials," and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. Stop all work under the Contract except that specifically directed to be completed prior to acceptance.
2. Perform work the Engineer deems necessary to secure the project for termination.
3. Remove equipment and plant from the site of the work.
4. Take action that is necessary to protect materials from damage.
5. Notify all subcontractors and suppliers that the Contract is being terminated and that their Contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
6. Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.
7. Dispose of materials not yet used in the work as directed by the Engineer.
It shall be the Contractor's responsibility to provide the City of Vallejo with good title to all materials purchased by the City of Vallejo hereunder, including materials for which partial payment has been made as provided in Section 9- 1.06, "Partial Payments," and with bills of sale or other documents of title for those materials.
8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
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9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10. Take other actions directed by the Engineer.
B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.
2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.
When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.
C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.
D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for t he cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be
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made, when the Contract is terminated under the authority of Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.
3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.
4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8-1.11, shall be open to inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.
After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 9-1.07B, "Final Payment and Claims," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subjec t to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
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MEASUREMENT AND PAYMENT
9-1.01 Measurement of Quantities
All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with the International System of Units (SI) {United States Standard Measures. A ton shall consist of 2,000 pounds avoirdupois}.
Unless shipped by rail, material paid for by mass shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by the Division of Measurement Standards or its designated representative.
Weighing, measuring and metering devices used to measure the quantity of materials used in the work shall be suitable for the purpose intended and shall conform to the tolerances and Specifications as outlined in Title 4, Chapter 9 of the California Code o f Regulations, the provisions of the California Business and Professions Code, Division 5, and these Specifications. Devices not Type-approved by the Division of Measurement Standards shall be Type-approved in conformance with the requirements in California Test 109.
Elements of the material plant controller which affect the accuracy or delivery of data shall be made available for the application of security seals. These devices will be inspected and adjusting elements sealed prior to the first production of materials for the Contract. The security seals will be furnished by the Engineer.
Material production shall cease when alteration, disconnection or otherwise manipulation of the security seals occur, and production shall not resume until the device is inspected and resealed by the Engineer.
Weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be considered to be "commercial devices" and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the E ngineer may deem necessary. The installation of all portable vehicle scales must be accepted by the Engineer prior to sealing.
Vehicle scales shall be of sufficient size to permit the entire vehicle or combination of vehicles to rest on the scale deck while being weighed. Combination vehicles may be weighed as separate units provided they are disconnected while being weighed. The maximum concentrated load shall not exceed the manufacturer's designed sectional capacity of the scale.
Weighing, measuring or metering devices required by these Specifications for the purpose of proportioning a material or product will be considered to be
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"non-commercial devices" and shall be tested and accepted in conformance with the requirements in California Test 109. This testing shall be done by one of the following, in the presence of the Engineer, as often as the Engineer deems necessary:
A. A County Sealer of Weights and Measures;
B. A Scale Service Agency; or
C. A Division of Measurement Standards Official.
The Contractor shall notify the Engineer at least 24 hours in advance of testing the device.
Undersupports for scale bearing points shall be constructed of Portland cement concrete produced from commercial quality aggregates and cement, which contains not less than 275 kg of cement per cubic meter {463 pounds of cement per cubic yard}. Undersupports shall be constructed in a manner to prevent any shifting or tilting of the support and shall have a minimum height of 350 mm {14 inches} above ground line. The footings shall have a minimum depth of 150 mm {6 inches} below the ground line. The bearing surface of the footings shall have a minimum width of 760 mm {30 inches} and shall be of sufficient area so the pressure does not exceed 200 kPa {4,000 pounds per square foot}. Adequate drainage shall be provided to prevent saturation of the ground under the scale.
Scale bulkheads shall be of adequate material and strength to resist displacement.
If timber bulkheads are used, the minimum cross section shall be 200 mm x 200 mm {8 inches x 8 inches}. Wedges shall not be used to shim the supports. If shimming is nec essary, the shimming shall be done by securely attached metal shims, or by grouting. Shimming shall not exceed 75 mm {3 inches}. The approach ramps shall be level with the scale deck for a distance of not less than one- half the length of the scale deck. The mechanical indicating elements shall be installed level and plumb and shall be rigidly mounted upon a concrete foundation.
The lever system and mechanical indicating elements of hopper scales shall be rigidly attached to non-yielding supports in such a manner as to prevent any loss in weight due to bending and distortion of the supports.
When a multiple beam type scale is used in proportioning materials, an over and under indicator shall be provided which will give positive visible evidence of the amount of any over and under weight. The indicator shall be so designed that the indicator w ill operate during the addition of the last 90 kg {200 pounds} of any weighing. The over-travel of the indicator shall be at least one-third of the loading
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travel. Indicators shall be enclosed against moisture and dust.
Over and under dials, and other indicators for weighing and measuring systems used in proportioning materials shall be grouped so that the smallest increment for each indicator can be accurately read from the point at which the proportioning operation is controlled.
The Contractor shall bear the expense of all service fees for testing and approving of "non- commercial devices." The cost of the equipment, labor and materials furnished by the Contractor to assist in the testing of weighing, measuring or metering devices will be considered as included in the Contract prices paid for the various Contract items of work requiring the weighing, measuring or metering and no separate payment will be made therefor.
Whenever pay quantities of material are determined by weighing, the scales shall be operated by a weighmaster licensed in conformance with the requirements in the California Business and Professions Code, Division 5, Chapter 7. The Contractor shall furnis h a Public weighmasters certificate or certified daily summary weigh sheets. A representative of the City of Vallejo may, at the discretion of the Engineer, be present to witness the weighing and to check and compile the daily record of the scale weights.
When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver that slip to the Engineer at the point of delivery of the material.
If material is shipped by rail, the car mass will be accepted provided that actual mass of material only will be paid for and not minimum car mass used for assessing freight tariff, and provided further that car mass will not be acceptable for material to be passed through mixing plants.
Vehicles used to haul material being paid for by mass shall be weighed empty daily and at additional times as the Engineer may direct. Each vehicle shall bear a plainly legible identification mark. Vehicles may from time to time be required by the Engineer to have the mass of the material to be paid for verified by weighing the empty and loaded vehicle on such other scales as the Engineer may designate.
Materials which are specified for measurement by volume, i.e. cubic yard, cubic foot, etc., shall be measured completed as -constructed. Whenever earthwork is to be measured by volume, it shall be measured “in- situ,” unless otherwise specified in the Contract documents. Materials "measured in the vehicle" shall be hauled in vehicles of such type and size that the actual contents may be readily and accurately determined. Unless all vehicles are of uniform capacity, each
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vehicle must bear a plainly legible identification mark indicating its water level capacity. Vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Loads hauled in vehicles not meeting the above requirements or loads of a quantity less than the capacity of the vehicle, measured after being leveled off as above provided, will be subject to rejection, and no compensation will be allowed for that material.
When material is to be measured and paid for on a volume basis and it is impractical to determine the volume by the specified method of measurement, or when requested by the Contractor in writing and accepted by the Engineer in writing, the material will be weighed in accordance with the requirements specified for mass measurement and the mass will be converted to volume measurement for payment purposes. Factors for conversion from mass measurement to volume measurement will be determined by the Engineer a nd shall be agreed to by the Contractor before that method of measurement of pay quantities will be adopted.
Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside of the lines indicated on the plans or established by the Engineer; or material remaining on hand after completion of the work will not be paid for, and those quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material.
The mass of all aggregate or other roadway material which is to be paid for on a mass basis, except imported borrow, imported topsoil, straw, fiber, aggregate sub bases, aggregate bases or aggregate for cement treated bases, will be determined by deducting from the mass of material, the mass of water in the material at the time of weighing in excess of 3 percent of the dry mass of the material. When imported borrow, imported topsoil or aggregate subbase is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of the material, the mass of water in the material at the time of weighing in excess of 6 percent of the dry mass of the material. When straw is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of straw, the mass of water in the straw at the time of weighing in excess of 15 percent of the dry mass of the straw. When fiber is being paid for on a mass basis, the mass of water in the fiber at the time of weighing shall not exceed 15 percent of the dry mass of the fiber. No deduction will be made for the mass of water in fiber. The percentage of water in the material shall be determined by California Test 226. The mass of aggregate base and aggregate for cement treated bases which are to be paid for on a mass basis, will be determined as provided in Section
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26, "Aggregate Bases," and Section 27, "Cement Treated Bases," respectively.
The mass of water deducted as provided in this Section 9-1.01 will not be paid for.
Full compensation for all expense involved in conforming to the requirements specified in this Section 9- 1.01 shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional compensation will be allowed therefor.
9-1.015 Final Pay Items
When an item of work is designated as (F) or (S-F) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures in Section 5.1- 1.22, "Measurement." If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as (F) or (S -F) in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer's Estimate.
Under no circumstances will Contractor be entitled to payment for any final pay quantity that is greater than the unit quantity price for the final pay quantity item set forth in the proposal form.
9-1.02 Scope of Payment
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals
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necessary to the completed work and for performing all work required under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in t he Contract; and for completing the work according to the Contract Documents.
No compensation will be made in any case for loss of anticipated profits.
9-1.03 Force Account Payment
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
9-1.03A Work Performed by Contractor
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03A (1), "Labor," 9- 1.03A (2), "Materials," and 9- 1.03A(3), "Equipment Rental," except where agreement has been reached to pay in conformance with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services."
To the total of the direct costs computed as provided in Sections 9- 1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.
The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 9- 1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8- 1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work i ncluding all markups specified in this Section 9 -1.03A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of
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performance of the extra work by a subcontractor.
9-1.03A(1) Labor
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
9-1.03A(1a) Actual Wages
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes.
9-1.03A(1b) Labor Surcharge
To the actual wages, as defined in Section 9- 1.03A(1a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.03A(1A) and subsistenc e and travel allowance as specified in Section 9-
1.03A(1C).
9-1.03A(1c) Subsistence and Travel Allowance
The actual subsistence and travel allowance paid to the workers.
9-1.03A(2) Materials
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
9-1.03A(2a)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that
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the discount may not have been taken.
9-1.03A(2b)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials.
9-1.03A(2c)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower.
9-1.03A(2d)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(2e)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(3) Equipment Rental
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is ac complished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of
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equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9- 1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.
Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if equipment not on the job site is required to be mobilized to perform extra work.
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge And Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate.
If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 9- 1.03A(1), "Labor."
All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at leas t the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and
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no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
9-1.03A(3a) Equipment on the Work
The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.
The following shall be used in computing the rental time of equipment on the work:
A. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
B. When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation.
9-1.03A(3b) Equipment not on the Work
When extra work, other than work specifically designated as extra work in the plans and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
A. The Engineer shall specifically approve the necessity for the use of particular equipment on such work.
B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.
C. The Contractor shall establish to the satisfaction of the Engineer that the
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proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.
D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.
For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
A. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.
B. The City of Vallejo will pay the costs of loading and unloading the equipment.
C. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
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When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used more than 4 hours of operation, payment will be made for one day.
E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.
F. Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.
9-1.03A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
C. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."
D. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the r ates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner -operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 9- 1.03A(lb), "Labor Surcharge."
E. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9-1.03A, "Work Performed by Contractor."
9-1.03A(3d) Dump Truck Rental
Dump truck rental shall conform to the provisions in Sections 9- 1.03A(3), "Equipment Rental," 9 -1.03A(3a), "Equipment on the Work," and 9- 1.03A(3b), "Equipment not on the Work," except as follows:
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Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing Contract item work.
In the absence of Contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.
The provisions in Section 9-1.03A(1), "Labor," shall not apply to operators of rented dump trucks.
The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.
To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor.
No separate markup will be made for labor.
The provisions in Section 9- 1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.
9-1.03B Work Performed by Special Forces or Other Special Services
When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
9-1.03C Records
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.
From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall state the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor,
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subcontractor or other forces, except for charges described in Section 9- 1.03B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names, identifications, and classifications of all workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated.
Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first.
Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.
Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative, and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work.
Signature by the City’s representative does not constitute approval for payment.
All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment. The City reserves the right to make adjustments to the amount to be paid for extra work based upon daily extra work reports at any time prior to proj ect acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.
The Engineer will compare the Engineer's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments.
When these daily extra work reports are agreed upon and signed by both parties, the reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City of Vallejo.
The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor and all subcontractors shall retain those records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60
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days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin.
9-1.03D Payment
Payment as provided in Sections 9- 1.03A, "Work Performed by Contractor," and 9-1.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account bas is and no additional compensation will be allowed therefor.
The payment will be made in conformance with the provisions in Section 9- 1.06, "Partial Payments."
The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.
9-1.04 (Blank)
9-1.05 Stop Notices
The City of Vallejo, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.
9-1.06 Partial Payments
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible f or partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case
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exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo- furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.
Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict ac cordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer, and shall contain itemized amounts in accordance with the Contrac t Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.
If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.
Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City of Vallejo may withhold from payment, on account of any of the following:
Defective work not remedied;
Third-party claims against Contractor or City of Vallejo arising from the acts or
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omissions of Contractor or subcontractors;
Stop notices;
Failure of Contractor to make timely payments due to subcontractors for material or labor;
A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid;
Damage to the City of Vallejo or others for which Contractor is responsible;
Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay;
Failure of Contractor to maintain, update, and submit record documents;
Failure of Contractor to submit schedules or their updates as required by the Contract Documents;
Performance of the work by Contractor without properly processed shop drawings;
Liquidated damages assessed;
Any other failure of Contractor to perform its obligations under the Contract Documents.
By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price.
Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.
Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):
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Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
9-1.065 Payment of Withheld Funds
Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vall ejo, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Alternatively, upon the Contractor's request, the City of Vallejo will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City of Vallejo.
Alternatively, and subject to the acceptance by the City of Vallejo, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent.
Upon written request of an escrow agent that has not been approved by the City of Vallejo under subdivision (c) of Section 10263 of the Public Contract Code, the City of Vallejo will provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. The payments will be deposited in a trust account with a Federally chartered bank or savings association within 24 hours of receipt by the escrow agent. The Contractor shall not place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section 17314 of the Financial Code. In all respects not inconsistent with subdivision (c) of Section 10263 of the Public Contract Code, the remaining provisions of Section 10263 of the Public Contract Code shall apply to escrow agents acting pursuant to subdivision (c) of Section 10263 of the Public Contract Code.
Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest - bearing demand deposit accounts, standby letters of credit or any other security
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mutually agreed to by the Contractor and the City of Vallejo.
The escrow agreement used pursuant to this Section 9-1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.
The Contractor shall obtain the written consent of the surety to the agreement.
9-1.07 Payment After Acceptance
After the work has been accepted in writing by the Director, as provided in Section 7-1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9-1.07.
9-1.07A Payment Prior to Proposed Final Estimate
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate.
The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon.
9-1.07B Final Payment
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.
The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not
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included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.
On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo will pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 7- 1.17, "Acceptance of Contract”. That fi nal estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the su m so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims fi led within the time and in the manner required hereunder.
9-1.07C Claims
A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.
In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9-1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data
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for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.
Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work.
Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions.
The Claim notice and documentation procedure described in t hese provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.
If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day.
Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.
The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall hav e access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.
The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets,
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project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.
The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages , the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the materials specified in this section.
B. Disputes
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.
All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which a ffirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.
Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo
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and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.
C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and n ot within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price.
Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption.
"Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.
The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:
1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.
2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the
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Unexcusable Delay.
3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.
4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compe nsable Delay.
Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensabl e Delay extends the actual completion of the Project past the Contract time.
The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.
Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.
Contractor agrees that the daily Contractor Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead,
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hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Delay Damages within the Proposal Form is solely for the purpose of determining the low bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contr act Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
D. Claim Procedures . Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a writ ten Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the D isputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.
The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form spec ified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. Th e Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar
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days will result in the Contractor waiving all rights to the subject Claim.
If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document t itled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible.
The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.
All Claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.
Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim a nd render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9- 1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor.
Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages.
Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 9-1.03 of these provisions.
E. Claim Format . The Contractor shall submit the Claim justification in the following format:
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1. Cover letter and certification of the accuracy of the contents of the Claim;
2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;
3. List of documents relating to Claim including plans, specifications, clarifications/requests for information, schedules and others;
4. Chronology of events and correspondence;
5. Analysis of Claim merit;
6. Analysis of Claim costs;
7. Attached supporting documents referenced in Item 3.) above.
F. Exclusive Remedy . The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.
G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of
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a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared.
9-1.075 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.
Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.
All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:
I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY
REVIEWED TH E ATTACHED CLAIM FOR ADDITIONAL COMPENSATION
AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED
ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE
SECTION 12650, ET SEQ, PERTAINING TO FALSE CLAIMS, AND FURTHER
KNOW AND UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A
FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR O THER SEVERE LEGAL CONSEQUENCES.
Contractor agrees that submission of a Claim, in strict conformance with all of the
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requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.
Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the Cit y of Vallejo within the meaning of the California False Claims Act.
Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
9-1.08 (BLANK)
9-1.09 Clerical Errors
Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9 -1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 9-1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made.
9-1.10 (BLANK)
9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO
The right of general supervision shall not make the Contractor an agent of the City of Vallejo, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
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9-1.12 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all third- party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract.
9-1.13 GUARANTEE
Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense.
The City of Vallejo is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior noti ce to the Contractor or surety, and the Contractor shall pay the entire costs thereof.
9-1.14 MISCELLANEOUS PROVISIONS
This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.
This Contract shall be governed by the laws of the State of California.
If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.
Contractor hereby assigns to City of Vallejo all its first -tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City of Vallejo in writing, and only
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as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.
The provisions of the Contract Documents shall be included in all subcontracts.
9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.
Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:
§ 20104. Application of article; provisions included in plans and specifications
(i) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expr essly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article.
(iv) This article applies only to contracts entered into on or after January 1, 1991.
§ 20104.2. Claims; requirements; tort claims excluded
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For any claim subject to this article, the following requirements apply:
(v) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(vi) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional doc umentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(vii) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy -five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may r equest, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing th e additional information or requested documentation, whichever is greater.
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(viii) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer con ference within 30 days for settlement of the dispute.
(ix) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tit le 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(x) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with S ection 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses
The following procedures are established for all civil actions filed to resolve claims subject to this article:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selec tion within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(ii) (1) If the matter remains in dispute, the case shall be submitted
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to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in additi on to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
§ 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or judgments
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
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ATTACHMENT 2 – FEE SCHEDULE
Firm: ________________________________________________________
Hourly Rates for Proposed Disciplines to Meet Scope of Work:
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
________________________________ $________ Per hour
Other Costs
Consultant must include this proposed fee sheet with the offer.
CONSENT CALENDAR 8.H.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ACCEPT THE NAVIGATION CENTER PROJECT (PW9433) PERFORMED BY G & G BUILDERS, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
RECOMMENDATION
Accept the Navigation Center Project (PW9433) performed by G & G Builders, Inc., of Livermore, California, as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder's Office.
REASONS FOR RECOMMENDATION
The Interim Public Works Director has determined that the work has been completed in compliance with the city-approved Plans and Specifications.
BACKGROUND AND DISCUSSION
On February 6, 2024, the City Council awarded a construction contract to G & G Builders, Inc., in the amount of $6,996,273.00 for the Navigation Center Project (PW9433).
The Navigation Center provides unhoused residents with access to vital services, including temporary housing, which will serve as a pathway to connect individuals to permanent housing, jobs, and income. The project included installing two prefabricated tensioned fabric structures with an aluminum substructure, manufactured by Sprung Structures, Inc. One structure provides 125 shelter beds. The other structure serves as a community space providing dining and food preparation, counseling, meetings with service providers, medical and dental treatments, access to job training, and assistance with identifying permanent housing. This project also includes eight dog kennels, restroom and shower facilities, on-site parking, a garden and outdoor recreational space with seating.
The City's Notice to Proceed with the work was issued on March 4, 2024, and work was completed on March 24, 2025. A total of 48 Contract Change Orders (CCOs) were issued, resulting in a net increase of $480,077.43:
• CCO No. 1 - Project Identification - Construction Signage: $2,791.00 • CCO No. 2 - State Water Resources Control Board application fee: $647.00 • CCO No. 3 - Additional fee to expedite manufacturing of electrical switchboard to ensure deadline is met for project: $60,227.00
• CCO No. 4 - Removal of discovered tree stump obstruction during retaining wall work: $1,796.00 • CCO No. 5 - Install two (2) 1-inch conduits from the entry point of the dormitory to two interior demising wall locations for the installation of Wi-Fi equipment: $4,038.89 • CCO No. 6 - Provide 13 boxes (128 capsules) of epoxy adhesive to replace the Hilti Epoxy material delivered with the Sprung Structures in order to obtain the required certification from the manufacturer for the installation: $2,293.71
Date: September 23, 2025
Subject: ACCEPT THE NAVIGATION CENTER PROJECT (PW9433) PERFORMED BY G & G BUILDERS, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
• CCO No. 7 - Change storm drain backfill material to Class II permeable AB per Vallejo Flood Wastewater District Inspector request: $3,187.80
• CCO No. 8 - Purchase ADA-compliant entry doors for the laundry room and kitchen of the Community Building: $6,775.75
• CCO No. 9 - Purchase of aluminum storefront for the Community Building: $21,315.00 • CCO No. 10 - Alter joint filler since the filler specified in the drawings, Tamms Horn Fiber Expansion Joint, is an exterior project not to be used in the interior and therefore an alternative filler was purchased / used: $4,725.00
• CCO No. 11 - Alter Room105, Food Warming Pantry Ceiling from the original design: $5,955.03 • CCO No. 12 - Extend the wall around Common Area 101 and Open Office 109 in order to conceal the exposed electrical and mechanical conduits, pipes, and wires: $7,226.13 • CCO No. 13 - Build wall for Room 112, Staff Lounge to accommodate the installation of in-wall floating shelf brackets and proper anchoring for the base cabinets: $2,201.03 • CCO No. 14 - A furred-out wall constructed to enclose the protruding electrical panels in Rooms 109 and 113: $1,738.19
• CCO No. 15 - Add omitted water line to the dog kennels and to the trash enclosure: $5,602.54 • CCO No. 16 - Additional partitions ordered with required hardware: $12,911.31 • CCO No. 17 - To maintain the project schedule, two 2-inch Nibco model 707 - 4 - LF Fittings for use by the Vallejo Water Department were purchased for the installation of the main water line connection (Hot Tap/Backflow): $697.20
• CCO No. 18 - Add light fixtures on the rear (west side) of the Dormitory Sprung Building: $6,258.00 • CCO No. 19 - To relocate the Electrical Transformer pad to the south side of the Community building to comply with PG&E direction due to insufficient clearances with initial allocation: $6,117.68 • CCO No. 20 - Alternate light fixture compatible with Sprung Structure to replace the original specified in the drawings which were not compatible with Sprung Structure: $10,129.35 • CCO No. 21 - Excavate and cap an unknown 3/4-inch copper pipe discovered in the project site during excavation. This work also included demolishing the existing concrete sidewalk and asphalt roadway to expose the water main line, remove and cap the existing 3/4-inch line, then patch and repair the roadway and sidewalk per City Standards: $15,402.86
• CCO No. 22 - Purchase of 12 interior and 6 exterior Sprung Structures Fabric repair kits for maintenance damage repairs during operation of the Vallejo Navigation Center: $1,471.21 • CCO No. 23 - Extend 1" waterline on the south side of the kennel to connect to the water heater and hose bibb: $1,272.77
• CCO No. 24 - Install three (3) electrical breakers in Panel "L" to accommodate the installation of three (3) 120V outlets for the stackable washing machines in the Laundry Room. This is a relocation from having the outlets on the wall: $1,225.35
• CCO No. 25 - Relocate electrical outlet to metal stud wall: $510.30 • CCO No. 26 - Compliance with code changes and clearances within the fabricated Linked restrooms, benches / HVAC units / and electric water heaters all had to be relocated: $7,544.00 • CCO No. 27 - Relocation of the plumbing stub-outs to the east side of the Linked Restroom units. This included trenching and plumbing, along with connecting to the sanitary sewer: $8,751.00 • CCO No. 28 - Additional for Stormwater Pollution Prevention Plan (SWPPP) weekly inspection reimbursement: $3,097.50
• CCO No. 29 - Additional to mount the two HVAC condensers on the roof, connect the electrical and refrigeration lines, pressurize the system, and conduct leak testing: $18,608.10 • CCO No. 30 - Additional to connect the Linked Structure restrooms to the concrete slab, not included in the Bid Documents: $12,067.80
Date: September 23, 2025
Subject: ACCEPT THE NAVIGATION CENTER PROJECT (PW9433) PERFORMED BY G & G BUILDERS, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
• CCO No. 31 - Change design of grassy dwale to gravel to reduce maintenance requirements:
$3,600.00
• CCO No. 32 - Change material to gravel between the Dormitory and the Dog kennel to match adjacent landscape area and provide a stable walking surface: $8,457.62 • CCO No. 33 - Relocate the Fire Department Connection behind the new Backflow Containment box per the City Fire Sprinkler Inspector: $3,097.50
• CCO No. 34 - Unforeseen encountered 16-conduit AT&T utility conduit duct bank caused a revision to the plan to install the water line above the AT&T utility conduit duct bank and mitigate the obstruction:
$18,608.10
• CCO No. 35 - Remove the flex conduit attached to the exterior of the delivered Linked Restroom units per the City Building Electrical Inspector. An EMT conduit was used to pass the Electrical Inspection:
$471.45
• CCO No. 36 - Connect domestic water to the kennel: $1421.70 • CCO No. 37 - Instead of the Vallejo Water Department (VWD) supplying the required fittings to complete tap connection to the City main per the Bid Documents, VWD requested the Contractor to provide the fittings as an additional cost: $5,958.31
• CCO No. 38 - Additional to install the backflow piping to the City main for the fire & water mains with the offset for the unforeseen AT&T conduit bank mentioned in CCO No. 34: $3,980.00 • CCO No. 39 - Relocation of the electric utility (PG&E) transformer pad to an area to the northeast corner of the site adjacent to the Community building: $7,385.60 • CCO No. 40 - Excavate new trench, reposition the storm drain line closer to the Sprung dormitory building, and reinstall the line to resolve a discovered conflict with a previously installed storm drain line: $8,261.31
• CCO No. 41 - Reroute conduits to Panel "D" to accommodate the sump pump controllers and EV and Solar chargers: $24,140.62
• CCO No. 42 - Interior lighting fixture adjustments which includes a credit of $6,549 for electrical conduits and wiring for the bid electrical installation and not using the r: $16,706.55 • CCO No. 43 - Multiple modifications to meet ADA requirements which include modifications to the showers, ADA toilets, toilet partitions, flooring, and signage, and lavatories: $43,312.71 • CCO No. 44 - Filling of gaps along the edge between the Bid Document foundation slab and the Sprung Structure: $15,385.89
• CCO No. 45 - Additional signage and fire extinguishers requested by the City of Vallejo Fire Inspector for Certificate of Occupancy: $2,782.05
• CCO No. 46 - Additional mirror requested by City of Vallejo Building Inspector, not originally part of original Bid Documents or part of the Toilet Accessories: $779.70 • CCO No. 47 - A Knox box for City of Vallejo Fire Department access keys to the Dormitory and Community building is required and not part of original Bid Documents: $2,089.37 • CCO No. 48 - Reimbursement for additional on-site Security coverage from 1/1/2025 to 4/21/2025:
$69,750.45
Staff recommends accepting the Navigation Center Project (PW9433), performed by G & G Builders, Inc., as complete and authorizing the City Clerk to file a Notice of Completion with the Solano County Recorder's Office.
FISCAL IMPACT
Date: September 23, 2025
Subject: ACCEPT THE NAVIGATION CENTER PROJECT (PW9433) PERFORMED BY G & G BUILDERS, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
There is no fiscal impact associated with this item. The Project was funded through the Capital Improvement Program Funds as follows:
SOURCES BUDGET EXPENDITURES
American Rescue Plan Act (ARPA)
- City of Vallejo (Fund 201, Project
PW9433)
2,000,000
Measure P (Fund 228, Project
PW9433)
1,100,000
Community Development Block
Grant (CDBG) (Fund 101, Project
PW9433)
106,850
Homeless Housing, Assistance and
Prevention Program (Fund 221,
Project PW9433)
2,155,287
CAP Grant (Fund 221, Project
PW9433)
2,582,582
Site Improvements (Fund 201,
Project PWC111)
153,114
Community Development Block
Grant (CDBG) (Fund 101)
3,820,740
Project Management (564,850)
Design, Environmental, Right of
Way
(1,346,002)
Construction - G & G Builder's Inc.,
Construction Contract
(6,996,273)
Construction - G & G Builder's Inc.,
Contract Change Orders
($480,078)
Other (Sprung Structures (2), Pre-
fab Restrooms; Furniture, Fixtures
and Equipment, tenant
improvements, etc.)
(1,736,168)
Construction Management /
Inspection
(795,202)
TOTAL $11,918,573 ($11,918,573)
Date: September 23, 2025
Subject: ACCEPT THE NAVIGATION CENTER PROJECT (PW9433) PERFORMED BY G & G BUILDERS, INC., AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER'S OFFICE
ENVIRONMENTAL REVIEW
The Navigation Center project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268.
Under State Law, a Low Barrier Navigation Center is a use by right not subject to a conditional use permit or other discretionary local government review or approval.
ATTACHMENTS
None
CONTACT
Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]
CONSENT CALENDAR 8.I.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Department Director
SUBJECT: ACCEPT JAMESON PUMP STATION VFD REPLACEMENT AND PUMP STATION
EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION IMPROVEMENTS AS COMPLETE (WT7112 AND WT7113) AND AUTHORIZE THE CITY CLERK TO
RECORD A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER
RECOMMENDATION
Accept the Jameson Pump Station VFD Replacement and Pump Station Emergency Power Transfer and Generator Connection Improvements Project performed by Vellutini Corp dba Royal Electric, of Sacramento, California as complete and authorize and direct the City Clerk to file a Notice of Completion with the Solano County Recorder’s office.
REASONS FOR RECOMMENDATION
The Water Director has determined that the work has been substantially completed in accordance with the plans and specifications.
BACKGROUND AND DISCUSSION
The City operates and maintains multiple facilities that have been impacted and/or will be impacted by PG&E’s routine Public Safety Power Shutoffs (PSPS) and other power outage events. In order to ensure reliable drinking water service during power outages, emergency power must be made available at treatment plants, pump stations, and other critical facilities. The treatment plants have permanent back-up power systems but 12 critical pump stations do not. The main goal of this project was to provide increased water service reliability by installing “quick connects” at 12 pump stations.
A quick connect in a water utility's electrical power system, is a specialized electrical panel or connection point that allows a portable or temporary generator to be safely and rapidly connected to a facility's electrical system. The goal of installing quick connects at pump stations is to be able to rapidly connect a pump station to the portable generator in the face of a power outage, and ensure the pump station continues to function until the electrical utility's power returns, ensuring uninterrupted water service to customers. Quick connects allow the Water Department to provide continuous drinking water service even during power outages. The efficacy and efficiency of the generator deployment to pump stations led to the motto coined by grateful customers whose electrical power goes out often, "you may not have power but you can take a shower."
The initial project design was for 13 pump stations. One pump station was removed due to its relatively small size and lack of available space for the quick connect panel. The replacement of the Variable Frequency Drive (VFD) at the Jameson Pump Station was completed as part of this project as well. The construction contract was awarded to Vellutini Corp dba Royal Electric, in the amount of $1,049,049 on November 9, 2021 through Resolution 21-125 N.C. Construction began on April 29, 2022 and was substantially completed by January 27th, 2025. The project had a 335 calendar-day contract, which included holds due to supply chain issues and coordination with PG&E.
FISCAL IMPACT
Date: September 23, 2025
Subject: ACCEPT JAMESON PUMP STATION VFD REPLACEMENT AND PUMP STATION
EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION
IMPROVEMENTS AS COMPLETE (WT7112 AND WT7113) AND AUTHORIZE THE
CITY CLERK TO RECORD A NOTICE OF COMPLETION WITH THE SOLANO
COUNTY RECORDER
The appropriated project budget and estimated project expenditures are as follows and include no fiscal impact on the General Fund.
The total project costs $1,088,036.90 (Contract amount of $1,049,049 plus $38,987.90 in change orders) and is funded by the Water Enterprise Fund, which has sufficient appropriated funding to cover the cost of the project. The change orders included unforeseen work and equipment changes due to physical constraints.
There would be no fiscal impact on the General Fund associated with this project.
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Solano County Clerk on May 19, 2022. This project action is exempt from the California Environmental Quality Act (CEQA), because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
ATTACHMENTS
1. Vellutini Corp dba Royal Electric Contract 01-10-22_CO# 22-WD068
2. CCO1 - signed
3. 20220929_CCO 2 Royal Signed with Attachment
4. Executed Change Order No. 3
5. CEQA Solano County Official Departmental Receipt
CONTACT
Beth Schoenberger, Water Director, 707-648-5439
[email protected]
Dec 6, 2021 8:05 AM, 896466780
Contract and Routing Form
Contract Number: TBD
Requisition Number: TBD
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Engineering
Staff Contact: Rebecca Lane, [email protected] Contract Type: Other: Contract for Pump Station/Quick Connects Vendor: Royal Electric
Contract Not to Exceed Amount: 1049049.00
Contract Start Date: Nov 09, 2021 End Date: Oct 31, 2026
Authority to Contract: City Council Date to Council: Nov 09, 2021
Attachments are uploaded for review here: https://bit.ly/vContracts
Approved Pre-Requisition Form
I have uploaded additional files.No
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney's Office
City Manager's Office
City Clerk
Return executed contract to: Brooke O'Leary
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 12/6/2021
12/20/2021
12/21/2021
1/10/2022
1/10/2022
1/10/2022
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Dec 6, 2021 7:46 AM, 896455863
Pre-Requisition Form
Contract Number: TBD
Requisition Number: TBD
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Engineering
Staff Contact: Rebecca Lane, [email protected] Vendor: Royal Electric Vendor Number 104313
Term: Multi-year Term
Anticipated Start Date: Nov 09, 2021
Anticipated End Date: Oct 31, 2026
Anticipated Contract Type: Other: Contract for Pump/Quick Connects Purchasing Authority: City Council Anticipated Date to Council: Nov 09, 2021 Total Projected Expenditure: 1049049.00
Multiple Project Numbers? Multiple Account Numbers? No, just one
Description of Proposed Purchase:
CONTRACT WITH VELLUTINI CORPORATION DBA ROYAL ELECTRIC FOR WT 7112 - JAMESON PUMP STATION VFD REPLACEMENT AND WT 7113 - PUMP STATION EMERGENCY POWER TRANSFER AND
GENERATOR CONNECTION IMPROVEMENTS
I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.
It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.
Competitive Process: I have completed a Competitive Proposal Process for Services Winning Quote Uploaded: Yes
Explanation for Vendor Selection:
Engineering Division conducted a competitive procurement and selected Vellutini dba Royal Electric which was subsequently approved by Council.
Uploaded documents available for review https://bit.ly/vPreReqs.
WarrantyNot sure
Winning Bid/Quote/ProposalYes
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Pre-Requisition Signature Section
Department Comment
Delegated Signee: Beth Schoenberger
Title: Acting Water Director
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 12/17/2021
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
City Council Meetings Special & Regular Meeting Actions Summary November 9, 2021 Page | 1 VALLEJO CITY COUNCIL COUNCIL ACTIONS SUMMARY VIA TELECONFERENCE NOVEMBER 9, 2021 H. AWARD CONTRACT(S) FOR VFD7 / QUICK CONNECTS PURSUANT TO INVITATION FOR BID FOR JAMESON PUMP STATION VFD REPLACEMENT AND PUMP STATION EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION IMPROVEMENTS AND AUTHORIZE CITY MANAGER TO EXECUTE SAME Recommendation: Adopt a resolution authorizing the City Manager to award a construction contract in the amount of $1,049,049 to Vellutini Corp dba Royal Electric to replace Jameson Pump Station Variable Frequency Drive #7 and install Connections for Emergency Power at 13 critical facilities. Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected] Dakari Barksdale, Associate Civil Engineer - Water (707) 567-7245 [email protected] Action: Adopted Resolution No. 21-125 N.C.
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RESOLUTION NO. 21-125 N.C.
AWARDING CONTRACT WITH VELLUTINI CORPORATION DBA ROYAL ELECTRIC FOR WT 7112 - JAMESON PUMP STATION VFD REPLACEMENT AND WT 7113 - PUMP
STATION EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION
IMPROVEMENTS
WHEREAS, plans and specifications have been prepared by the Water D epartment for the Jameson Pump Station Variable Frequency Drive #7 (VFD7) Replacement Project (WT7112) and for the Pump Station Emergency Power Transfer and Generator Connection Improvements Project (WT7113) within the City of Vallejo, Solano County, California (Project); and
WHEREAS, the City published an invitation for bids on June 11, 2021, and issued an addendum to the invitation for bids on July, 15, 2021. The addendum replaced, in its entirety, the Bid Sheet located on pages 13 and 14 with a new bid sheet which was attached as Exhibit A to the addendum; and
WHEREAS, the City publicly opened bids on August 3, 2021; and received seven bids to construct the Project; and
WHEREAS, bids from Fusion Electric and Con J Franke Electric did not include original signed addenda as required by the invitation for bid contract documents in order to be considered responsive. Because of these two substantial deficiencies in the bids by Fusion Electric and Con J Franke Electric, Staff determined that they were non-responsive; and
WHEREAS, the bid from St. Francis Electric did not utilize the revised bid sheet that was included with the addenda; instead, it used a few pages from the original bid sheet and a few from the addenda bid sheet. The combination of pages resulted in an incomplete bid sheet with some bid items unrepresented; this made uniform comparison between their bid and the other bids received impossible without treating St Francis Electric's bids differently than the other bids received thus affording them an unfair advantage. Because of this substantial deficiency, Staff determined that their bid was non-responsive; and
WHEREAS, Velluntini Corp oration dba Royal Electric Company, of Sacramento, California , submitted the lowest responsible bid in the amount of $ 1,049,049.00; and
WHEREAS, Staff has reviewed the bid documents and found them in order; and
WHEREAS, funding for these improvements is available in the City Water CIP Funds WT 7112 and WT7113 (Project No. WT7112 and Project No. WT7113); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo, as follows:
That those certain plans and specifications prepared by the Water Department for the Jameson Pump Station Variable Frequency Drive #7 (VFD7) Replacement Project (WT7112) and for the Pump Station Emergency Power Transfer and Generator Connec tion Improvements Project (WT7113) within the City of Vallejo, Solano County, California are hereby approved and adopted for said work.
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BE IT FURTHER RESOLVED that the City Council of the City of Vallejo hereby finds that:
The bids from Fusion Electric and Con J Franke Electric did not include original signed addenda as required by the invitation for bid contract documents in order to be considered responsive.
Further, the bid from St. Francis Electric d id not utilize the revised bid sheet that was included with the addenda; instead, it used a few pages from the original bid sheet and a few from the addenda bid sheet. The combination of pages resulted in an incomplete bid sheet with some bid items unrepresented; this made uniform comparison between their bid and the other bids received impossible without treating St Francis Electric's bids differently than the other bids received thus affording them an unfair advantage. Because of these substantial def iciencies in the bids by Fusion Electric, St. Francis Electric and Con J Franke Electric, such bids are determined to be non-responsive; and
BE IT FURTHER RESOLVED by the City Council of the City of Vallejo:
That an invitation for bids was duly advertised and Velluntini Corporation dba Royal Electric Company, of Sacramento, CA, was determined to be the lowest responsive and responsible bidder in the amount of One Million Forty-Nine Thousand Forty-Nine Dollars and Zero Cents ($ 1,049,049.00), and is hereby accepted and a contract is awarded to said low bidder at the prices bid.
BE IT FURTHER RESOLVED that all other base bids not otherwise rejected as non-responsive, to-wit:
BIDDER AMOUNT
Mike Brown Electric $1,129,874
Bockman Woody Electric $1,176,000
Telstar Instruments $1,212,699
are hereby deemed rejected upon 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 or their designee is hereby authorized to sign an agreement substantially the same as the “ WT 7112 – Jameson Pump Station VFD Replacement and WT 7113 Pump Station Emergency Power Transfer and Generator Connection Improvements”, with any modifications recommended by the City Attorney or the Risk Manager, between the City of Vallejo and Velluntini Corporation dba Royal Electric Company, CA, for the above described work and the City Clerk to attest the signing of that certain agreement.
BE IT FURTHER RESOLVED that the City Manager or their designee is hereby authorized to execute future Contract Change Orders not to exceed the remaining appropriated project budget.
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Adopted by the City Council of the City of Vallejo at a regular meeting held on November 9, 2021 with the following vote:
AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz and Miessner
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
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Contracts\Vallejo Long Form Const Contract 051619 1
CITY OF VALLEJO WATER DEPARTMENT CONTRACT FOR WT 7112 - JAMESON PUMP STATION VFD REPLACEMENT AND WT 7113 - PUMP STATION EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION IMPROVEMENTS THIS CONTRACT (“Contract”) made and concluded in duplicate this 9th day of November, 2021, 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 Vellutini Corporation dba Royal Electric Company, a California corporation, hereinafter called CONTRACTOR. WITNESSETH: WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and, WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and, WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said 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 A. Furnish and install medium voltage AC variable frequency drive (VFD) and appurtenances, concrete equipment pad extension, cabinets, and all power and control wiring cable to include all other work and facilities necessary or incidental to construct the completed improvements as directed by the plans and specifications and as directed by the Water Director. The Bidder DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Contracts\Vallejo Long Form Const Contract 051619 2
shall include in their bid and provide all labor, tools and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein. B. Furnish and install electrical equipment related to emergency power for 13 pump stations, including but not limited to manual and automatic transfer switches, portable generator connection boxes, all such conduit, wire and appurtenances including enclosed breakers. C. Furnish and install concrete equipment pads, equipment anchoring, quality control, cleanup, inspection, testing, commissioning, and proper disposal of packaging materials and trash. D. The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown in the specifications and specified herein and as provided and for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this contract. The following documents shall constitute the Contract Documents: (a) Notice to Contractors; (b) All Bid Documents including the Instructions to Bidders; (c) Contract and exhibits thereto; (d) Drawings; (e) Specifications and Special Provisions; (f) Change Orders; (g) General Provisions of the City of Vallejo (h) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein; (i) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition; (j) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007; (k) Any other documents identified as such in the Contract Documents. 2. TERMS AND CONDITIONS This Contract consists of the Contract Documents and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents. Contractor agrees to receive and accept the prices set forth in the Contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Contracts\Vallejo Long Form Const Contract 051619 3
of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents. By my signature as Contractor, I certify that I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. Pursuant to section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code. City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents. The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full, and shall govern the substitution of securities and/or escrow account. The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Contracts\Vallejo Long Form Const Contract 051619 4
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written. CITY OF VALLEJO, a municipal corporation CONTRACTOR: By: By: Mike Malone, Interim City Manager (Signature of Authorized Agent) Attest: Print Name: Dina Kimble, President / CEO By: Dawn G. Abrahamson, City Clerk Approved as to Content: By: (City Seal) Beth Schoenberger, Acting Water Director Approved as to Form: By: For (Corporate Seal) Veronica A. F. Nebb, City Attorney Approved as to Insurance: By: Armond Sarkis, Risk Manager DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Contracts\Vallejo Long Form Const Contract 051619 5
EXHIBIT A [BID SHEET TO BE INSERTED]
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Contracts\Vallejo Long Form Const Contract 051619 6
CITY OF VALLEJO WATER DEPARTMENT CONTRACT CHANGE ORDER NO.: _ DATE: _ TO: _ PROJECT: WT 7112 - JAMESON PUMP STATION VFD REPLACEMENT AND WT 7113 - PUMP STATION EMERGENCY POWER TRANSFER AND GENERATOR CONNECTION IMPROVEMENTS FROM: _ This change order modifies and amends the provisions of that certain Contract dated _ by and between the City and (“Contractor”). REFERENCE: Contract drawings, Sheet No. or other drawings attached Contractor is hereby directed to make the following changes to the Work: By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under-absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.
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Contracts\Vallejo Long Form Const Contract 051619 7
EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT. RECOMMENDED: NAME TITLE Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. ACCEPTED AND AGREED: Contractor: Date: (Name and Title) City: Date: (City Engineer) ADJUSTMENT OF CONTRACT TIME OF COMPLETION: AGREED PRICE: FORCE ACCOUNT: BASE CONTRACT PRICE: PREVIOUS CONTRACT CHANGE ORDER: NEW ADJUSTED CONTRACT PRICE:
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THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.
Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date
CITY OF VALLEJO
BUSINESS LICENSE
8481 CARBIDE CT
ROYAL ELECTRIC COMPANY
8481 CARBIDE CT
SACRAMENTO, CA 95828-5609
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only"
VELLUTINI CORPORATION
ROYAL ELECTRIC COMPANY
November 01, 2021
June 30, 2022
11714676
ROYAL ELECTRIC COMPANY :
Thank you for your payment on your City of Vallejo Business License. ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (707) 302-6074.
Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.
This certificate does not entitle the holder to conduct business before complying with all requirements of the Vallejo Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.
If you have a fixed place of business within the City of Vallejo please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of Vallejo
BUSINESS LICENSE
BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 11/01/2021
11714676License Number: ROYAL ELECTRIC COMPANY
8481 CARBIDE CT
SACRAMENTO, CA 95828-5609
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2021 - 2022
TAX COLLECTOR ’S OFFICE, City Hall, 555 Santa Clara St ., Vallejo, CA. This certificate is evidence that the person (s), firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the City ’s building / Fire / Zoning regulations.
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
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DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
INSURED COPY
POLICY NUMBER:
DATE OF ISSUE:
1998 by the Workers’ Compens ation Insurance Rating Bureau of California. All rights res erved.
From the WCIRB’s California Workers’ Compensation Insurance Forms Manual 1999.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers’ compensation premium otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
REQUESTED PER CONTRACT
0 SPECIFICATIONS TO THE EXTENT
ALLOWABLE BY LAW
MWC 311716 21
02-01-21
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transf er Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. Th is
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
MWZY 311717 20 Vellutini Corporation 02/01/2020 - 02/01/2021 All persons or organizations as required by written contract or agreement MWZY31171721
MWZY31171721
02/01/2021 – 02/01/2022
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and ad vertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
MWZY 311717 20 Vellutini Corporation 02/01/2020 - 02/01/2021 All locations
All persons or organizations when required by written contract or agreement
MWZY31171721
02/01/2021 – 02/01/2022
MWZY31171721
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
MWZY 311717 20 Vellutini Corporation 02/01/2020 - 02/01/2021 02/01/2021 – 02/01/2022
MWZY31171721
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
MWZY 311717 20 Vellutini Corporation 02/01/2020 - 02/01/2021
All completed operations
All persons or organizations when required by written contract or agreement
MWZY31171721
02/01/2021 – 02/01/2022
MWZY31171721
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in wr iting in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
MWZY 311717 20 Vellutini Corporation 02/01/2020 - 02/01/2021 POLICY NUMBER: MWZY31171721
02/01/2021 – 02/01/2022
MWZY31171721
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Policy #MWTB31171821
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
2/1/21
Vellutini Corporation dba: Royal Electric Company
MWTB31171821
DocuSign Envelope ID: 7F7378E8-B16C-4A95-937A-46CBEE617905 DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Certificate Of Completion
Envelope Id: 7F7378E8B16C4A95937A46CBEE617905
Status: Completed
Subject: Contract: Vellutini Corp dba Royal Electric (Pump Station / Quick Connects) Source Envelope:
Document Pages: 51
Signatures: 7
Envelope Originator:
Certificate Pages: 6
Initials: 6
PurchasingSupport WaterDept
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 107.126.88.15
Record Tracking
Status: Original
12/6/2021 8:18:08 AM
Holder: PurchasingSupport WaterDept
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Vallejo
Location: DocuSign
Signer Events
Signature
Timestamp
Rebecca Lane
[email protected]
Administrative Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.126.88.15
Sent: 12/6/2021 8:32:48 AM
Viewed: 12/6/2021 8:33:19 AM
Signed: 12/6/2021 8:33:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dina Kimble
[email protected]
President & CEO
Vellutini Corporation dba Royal Electric Company
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 66.60.158.8
Sent: 12/6/2021 8:33:34 AM
Resent: 12/15/2021 11:08:33 AM
Viewed: 12/6/2021 8:34:50 AM
Signed: 12/17/2021 1:09:42 PM
Electronic Record and Signature Disclosure:
Accepted: 12/6/2021 8:34:50 AM
ID: 77fdc728-28ef-4fbd-b1b1-a6753ab14ab6
Beth Schoenberger
[email protected]
Acting Water Director
City Of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 135.180.119.82
Sent: 12/17/2021 1:09:46 PM
Viewed: 12/17/2021 9:18:56 PM
Signed: 12/17/2021 9:22:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.241.12.220
Sent: 12/17/2021 9:22:40 PM
Viewed: 12/20/2021 9:45:04 AM
Signed: 12/20/2021 1:43:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Signer Events
Signature
Timestamp
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 12/20/2021 1:44:01 PM
Viewed: 12/20/2021 4:11:50 PM
Signed: 12/21/2021 11:14:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Randy J. Risner
[email protected]
Chief Assistant City Attorne
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 12/21/2021 11:14:50 AM
Resent: 1/5/2022 8:42:04 AM
Resent: 1/6/2022 9:03:01 AM
Resent: 1/10/2022 12:35:26 PM
Viewed: 1/10/2022 12:42:36 PM
Signed: 1/10/2022 1:34:07 PM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2020 9:16:27 AM
ID: 2e72faa4-09b6-4a4c-b35a-dc1ed470f768
Michael Malone
[email protected]
Water Director
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.185.3.223
Sent: 1/10/2022 1:34:12 PM
Viewed: 1/10/2022 1:52:31 PM
Signed: 1/10/2022 1:52:43 PM
Electronic Record and Signature Disclosure:
Accepted: 4/12/2020 2:08:19 PM
ID: a860947a-3e66-4b93-b9ec-f5e39f7bbae0
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.214.169
Sent: 1/10/2022 1:52:48 PM
Viewed: 1/10/2022 1:54:23 PM
Signed: 1/10/2022 1:54:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2022 1:54:42 PM
Viewed: 1/10/2022 2:03:54 PM
Electronic Record and Signature Disclosure:
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Carbon Copy Events
Status
Timestamp
Not Offered via DocuSign
Dakari Barksdale
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2022 1:54:43 PM
Electronic Record and Signature Disclosure:
Accepted: 12/21/2021 1:29:04 PM
ID: 443bfdb6-766c-4701-8bcb-bd40c8ac51c6
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
12/6/2021 8:32:48 AM
Certified Delivered
Security Checked
1/10/2022 1:54:23 PM
Signing Complete
Security Checked
1/10/2022 1:54:37 PM
Completed
Security Checked
1/10/2022 1:54:43 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Dina Kimble, Randy J. Risner, Michael Malone, Dakari Barksdale DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Vallejo:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Vallejo of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Vallejo
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Vallejo
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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DocuSign Envelope ID: F5DF5255-262C-4C87-ACBB-0981039B5AC4
September 20, 2022
Gerardo Avila via email to [email protected] Consultant Project Manager
Avila Project Management
5248 S. Montecito Drive
Concord, CA 94521
Re: WT 7113-PumpStation Emergency Power Transfer and Generator Connection Improvements Subject: Change Order Proposal COR 002 for Tesco Equipment Changes
Dear Mr. Avila
We are pleased to offer our proposal for your consideration on the above project.
As directed via emails and bi-weekly meetings, Royal is providing a change order proposal for the following equipment changes:
- Mankas Corner PS –ASCO MTS removed, ASCO ATS added
- Rockville PS– ASCO MTS removed, ASCO ATS added
- Capital St PS – ASCO MTS removed, Powertron MTS added - Burnham St PS– ASCO MTS removed, ASCO ATS added
- Redwood PS– ASCO MTS removed, ASCO ATS added
- Siebe PS– ASCO MTS order canceled
Proposed cost for the equipment change is $40,806.70
Credit for Siebe PS equipment installation (labor) is $7,300.00
Building Permits extension cost is $2,000.00
Total Change Order Proposal Amount is $35,506.70
Inclusions/Exclusions
a) This proposal includes the equipment changes at Carter St PS and Green Valley PS from MTS to ATS at no cost to the City of Vallejo.
b) City of Vallejo will not incur an additional mobilization cost for the equipment listed on this change order proposal.
c) City of Vallejo will not be subject to the contractor’s Daily Delay Damages (for City delay) for the equipment listed on this change order proposal.
d) Proposal is firm for 30 days.
e) Product submittals will be provided approximately 12-14 weeks after receipt of written change order approval.
f) Delivery to be scheduled approximately 30-40 weeks minimum after submittal approval. g) Approval must be received on or before 10/10/22 to avoid shipping delays or additional costs.
Please advise us if we can provide you with any additional information.
Respectfully,
ROYAL ELECTRIC COMPANY
Aurel Cris
Aurel Cris
Project Manager
916 769 7710
[email protected]
8481 Carbide Court • Sacramento CA 95828 • Tel 916.226.2100 • Fax 916.226.2150 • License #357377
Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. «location» Page | 1 of 3
To: Royal Electric Quote Date: September 15,
2022
Attn: Aurel Cris Quote No.: COQ3
Re: City of Vallejo
Jameson Pump Station VFD Replacement (WT7112) & Pump Station Emergency Power Transfer Connection Improvements (WT7113) Project No.: T-53306
Dear Aurel:
Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the following scope of work pertaining to the above -referenced project. This quotation includes only the materials/services described below.
Reason for Change Order
Design Engineer Requested that following changes be quotes towards this project. -Siebe – Cancel
-Mankas Corner – MTS to ATS with Quick Connection CP
-Capitol Street – Cancel MTS
-Redwood MTS to ATS with Quick Connection CP
-Burnham – MTS to ATS
-Carter Street – MTS to ATS
-Green Valley – MTS to ATS
-Rockville – MTS to ATS
Scope of Work
Tesco will change out all items listed in the above paragraph. However, all the equipment was approved and released to ASCO, so items that have completed production require a cancellation fee. (see below breakdown) Scope of Supply
Item Qty Description
1 -1 Siebe – MTS (Removed)
▪ MTS J03MTQA30400F0XM,44G,125A,170KP1
Credit =
($9,879.00)
2 Lot
Siebe – (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$5,927.00
3 -1 Mankas Corner MTS (Removed)
▪ J03MTQA30400N0XM,44G,125A,170KP1
Credit =
($9,879.00)
4 Lot
Mankas Corner– (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$5,927.00
Quotation TESCO CONTROLS
File Ref. «location» Page | 2 of 3
Item Qty Description
5 1 Mankas – ATS (Added)
▪ J3ADTSA30200FGXM, 11BE, 18RX, 125A
▪ Quick Connect Panel
Addition =
$10,291.00
6 -1 Capital Street – MTS (Removed)
▪ J03MTQA30400N0XM,44G,125A,170KP1
Credit =
($9,879.00)
7 Lot
Capital Street – (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$5,927.00
8 -1 Redwood – MTS (Removed)
▪ J03MTQA30400N0XM,44G,125A,170KP1
Credit =
($9,879.00)
9 Lot
Redwood (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$5,927.00
10 1 Redwood – ATS (Added)
▪ ATS - J3ADTSA30200NGXM, 11BE, 18RX, 125A
▪ Quick Connect Panel
Addition =
$10,291.00
11 -1 Burnham– MTS (Removed)
▪ MTS J03MTSA30150N0XM,44G,125A,170KP1
Credit =
($6,345.00)
12 Lot
Burnham (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$3,807.00
13 1 Burnham– ATS (Added)
▪ ATS J3ADTSA30150NGXM, 11BE, 18RX, 125A
Addition =
$6,309.00
14 -1 Carter Street – MTS (Removed)
▪ MTS J03MTSA30150N0XM,44G,125A,170KP1
Credit =
($6,345.00)
15 Lot
Carter Street (MTS CANCELLATION FEE)
ASCO
Cancellation
Fee =
$3,807.00
16 1 Carter Street – ATS (Added)
▪ ATS J3ADTSA30150NGXM, 11BE, 18RX, 125A
Addition =
$6,309.00
17 -1 Green Valley – MTS (Removed)
▪ MTS J03MTSA30150N0XM,44G,125A,170KP1
Credit =
($6,345.00)
18 Lot
Green Valley – No Cancellation Fee (Not in Production)
ASCO
Cancellation
Fee = $0
19 1 Green Valley– ATS (Added)
▪ ATS J3ADTSA30150NGXM, 11BE, 18RX, 125A
Addition =
$6,309.00
Quotation TESCO CONTROLS
File Ref. «location» Page | 3 of 3
Item Qty Description
20 -1 Rockville – MTS Panel (Removed)
▪ Panel Fully Built, No Credit Available for MTS
Credit =
($0.00)
21 1 Rockville – ATS Panel (Added)
▪ D03ATSA30200FGX0,11BE,18RX,37B
Addition =
$4,072.00
22 Lot Professional Services:
▪ Engineering (Resubmittal & Redesign)
▪ Eighty-Eight-(88) Hours at $180.00 Per Hour = $15,840.00 ▪ Project Management
▪ Twelve-(12) Hours at $180.00 Per Hour = $2,160.00
▪ Manufacturing (Removal of MTS within Rockville Utility Metering Switchboard & Installation of the ATS)
▪ Forty-Eight-(48) Hours at $135.00 Per Hour = $6,480.00 Total
Additions =
$24,480.00
TOTAL (including applicable sales tax): $40,832.00
Clarifications
▪ Unless otherwise stated above, quote is to furnish only and does not include trade labor/electrical installation services or field wire terminations.
▪ Unless otherwise stated above, the following is not included within this quotation:
▪ Conduit, field wire, tubing, or basic trade installation materials (brackets, j-box, stanchions, pull-box, etc.) ▪ Instrumentation mounting components, brackets, stanchions, sunshields, etc. ▪ Local control stations and/or field mounted disconnects. ▪ Instrumentation, devices, components, or equipment not defined by the above quotation. ▪ Fiber optic patch panels, cable, splicing or terminations. ▪ Any 3rd party independent testing, harmonic testing/analysis, power coordination study, or Arc -Flash Hazard Analysis (AFHA) study.
▪ Interconnection or loop diagrams for equipment not furnished by TESCO.
Terms and Conditions
▪ Quote is firm for 30 days unless otherwise stated.
▪ Submittals: A Submittal Schedule will be provided approximately 12-14 weeks after receipt of written change order approval.
▪ Delivery: To be scheduled approximately 30-40 weeks minimum after submittal approval. o Delivery of Equipment Varies Based on Specific Items
▪ Approval of change order will require a contract time extension of 54 weeks. ▪ Approval must be received on or before 10/14/22 to avoid shipping delays or additional costs. ▪ TESCO price is FOB factory, full freight allowed.
▪ TESCO warranties against defect in design workmanship and materials for a period of one year from date of installation, and does not exceed 18 months from the date of shipment from the factory. ▪ TESCO carries liability insurance, with full workman's compensation coverag e. ▪ Terms are net 30 days on approved credit accounts.
▪ Interest will be applied to all past due invoices.
▪ All merchandise sold is subject to lien laws.
▪ Final retention to be paid within 10 days after the project notice of completion.
Robert Fiermonte
Project Management
[email protected]
Bid Item # Location MTS ATS Need Pricing for: Updated Cost Royal Directions
Water
District
Directions
4 Mankas Corner X Change to ATS
Credit 9,876.00
Cancellation Fee 5,927.00
Addition Fee for ATS
10,291.00
Total Cost 6,342.00
X
5 Rockville Pump Station X Change to ATS Credit 0.00
Addition Fee 4,072.00 X
6 Capital Street Pump Station X Cancel the order
Credit 9,876.00
Cancellation Fee 5,927.00
Total Credit 3,949.00
X
7 Burnham Street Pump Station X Change to ATS
Credit 6,345.00
Cancellation Fee 3,804.00
Addition Fee 6,309.00
Total Cost 3.771.00
X
8 Carter Street Pump Station X Change to ATS
Credit 6,345.00
Cancellation Fee 3,804.00
Addition Fee 6,309.00
Total Cost 3.771.00
X
9 Tennenessee X
10 Redwood Pump Station X Change to ATS
Cancellation Fee 5,927.00
Addition Fee for ATS
10,291.00
Total Cost 6,342.00
X
11 Hollywood Ave Pump Station X
12 Mira Vista Pump Station X
13 Sky Valley/ Hiddenbrooke Pump Station X
14 Siebe Pump Station X Cancel the order
Credit 9,876.00
Cancellation Fee 5,927.00
Total Credit 3,949.00
X
15 Green Valley Pump Station X Change to ATS Credit 6,345.00 Cancellation Fee 0.00
Addition Fee 6,309.00
Total Credit 36.00
X
16 Sludge Press Pumps at Chabot X
Professional Services Cost 24,480
Change Order Amount $40,832.00 $3,735.00 $37,097.00
Original
Release
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Melissa Cansdale
Digitally signed by Melissa
Cansdale
Date: 2024.11.19 11:17:27 -08'00'
11/25/24
CONSENT CALENDAR 8.J.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Department Director
SUBJECT: ACCEPT THE IMPROVEMENTS FOR THE WATER MAIN CAPITAL IMPROVEMENT PROJECT, FISCAL YEAR 2021-22 (WT-7118) PHASE 2, CAL MARITIME ACADEMY
SLIP LINE PROJECT AND RECORD A NOTICE OF COMPLETION WITH THE SOLANO
COUNTY RECORDER
RECOMMENDATION
Accept the Improvements for the Water Main Capital Improvement Project, Fiscal Year 2021-22 (WT-7118) Phase 2, Cal Maritime Academy Slip Line Project performed by TerraCon Constructors, Inc. of Healdsburg, CA as complete and authorize and direct the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
REASONS FOR RECOMMENDATION
The Water Director has determined that the work has been substantially completed in accordance with the plans and specifications.
BACKGROUND AND DISCUSSION
Each fiscal year, the Water Department undertakes the replacement and reconstruction of failing, old, and/or undersized water mains within the City of Vallejo’s water system. For context, the cost to replace watermains is approximately $2 million per mile of pipe, so, given funding and staffing capacity, Vallejo usually tackles one major watermain replacement project annually funded by the annual Capital Improvement Plan (CIP). With approved budget available for the FY 2021-2022 CIP, watermain replacement, the Water Department replaced the California & Hawaii (C&H) Sugar Company Pipeline (transferred to City ownership decades ago) located at Cal Poly Maritime Academy. This project interrupted the pattern of chronic disruptive breaks on the C&H Line, increased fire flows to the Carquinez Bridge Toll Plaza and water service to Cal Poly Maritime Academy, and improved water system service and reliability in this general area. Phase 2 of the work was performed by the winning bidder, TerraCon Constructors, Inc. of Healdsburg, CA. It is time to accept the reconstruction and replacement of this portion of the C&H Sugar Company Pipeline (Watermain CIP WT-7119 ) as complete and authorize and direct the City Clerk to file the Notice of Completion with the Solano County Recorder's Office. (Due to a variety of unforeseen circumstances, this step could not be completed previously.)
FISCAL IMPACT
The construction project work is funded through WT7118, the Water Main CIP FY 21-22 Project, which is appropriated in the City Water Capital Fund 404. The construction contract was awarded to TerraCon Constructors, Inc. of Healdsburg, CA, in the amount of $658,314.00. However, the full contract amount was not required to complete the project.
The replacement and reconstruction for Water Main Capital Improvement Project totaled $452,574.01 ($423,664.00 of work related to bid items plus $28,910.01 in change orders) funded by the Water Main CIP FY 21-22 Project.
Date: September 23, 2025
Subject: ACCEPT THE IMPROVEMENTS FOR THE WATER MAIN CAPITAL IMPROVEMENT PROJECT, FISCAL YEAR 2021-22 (WT-7118) PHASE 2, CAL MARITIME ACADEMY
SLIP LINE PROJECT AND RECORD A NOTICE OF COMPLETION WITH THE
SOLANO COUNTY RECORDER
There is no fiscal impact on the City's General Fund.
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Solano County Clerk on June 14, 2023. This action is exempt from the California Environmental Quality Act (CEQA), because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
ATTACHMENTS
1. TerraCon - Contract CAO STAMP
2. Cal Maritime Change Order 1 - Signed
3. CO Request 2 Agreement - Signed
4. Cal Maritime Filed CEQA
CONTACT
Beth Schoenberger, Water Director, 707-648-5439
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
WMCIP FY2021-22 (WT-7118) Phase 2
26 CITY OF VALLEJO
WATER DEPARTMENT
CONTRACT
FOR
WATER MAIN CAPITAL IMPROVEMENT PROJECT,
FISCAL YEAR 2021-22 (WT-7118) PHASE 2,
CAL MARITIME ACADEMY SLIP LINE PROJECT
THIS CONTRACT (“Contract”) made and concluded in duplicate this 25 day of July, 2023, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and TerraCon Constructors Inc., hereinafter called CONTRACTOR.
WITNESSETH:
W
HEREAS, 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
I
n general, the work consists of slip lining approximately 2,000 lineal feet of an out of service 24” gravity fed cement mortar lined steel pipe with a pressurized 14” HDPE pipe. The 24” host pipe has at least one +/- 45-degree bend, at least three 22-degree bends, and at least one vertical drop. The following items may be included on this project as well:
Install 3 receiving & jacking pits @ 5’ deep
Install 3 receiving & jacking pits @ 10’ deep
Install approximately 1,000 lineal feet of 14” DR-9 HDPE pipe via direct burry
WMCIP FY2021-22 (WT-7118) Phase 2
27 Install approximately 2,000 lineal feet of 14” DR-9 HDPE pipe via slip line Install 12” butterfly valve (1 each)
Install 4” Blow-off Valve (1 each)
Install 2” Combination Air Valve (1 each)
Install 12”x12”x8” Tee (1 each)
Installing and maintaining erosion control & storm water prevention measures Dewatering
Site restoration
Work includes all tie-ins, reconnections, miscellaneous fittings, potholing, grading, backfill, and all other work and facilities necessary or incidental to construct the completed improvement as directed by the plans, specifications and as directed by the Water Director.
The following documents shall constitute the Contract Documents:
(a) Notice to Contractors;
(b) Instructions to Bidders;
(c) The Bid Documents;
(d) Contract and Exhibits thereto;
(e) Drawings;
(f) Special Provisions;
(g) General Provisions;
(h) Change Orders;
(i) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2018 edition, Sections 10 through 95, all as modified herein;
(j) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(k) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007; (l) Any other documents identified as such in the Contract Documents.
2. TERMS AND CONDITIONS
T
his Contract consists of the Contract Documents and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents.
Contractor agrees to receive and accept the prices set forth in the Contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents.
WMCIP FY2021-22 (WT-7118) Phase 2
28 B
y my signature as Contractor, I certify that I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full, and shall govern the substitution of securities and/or escrow account.
The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor. [SIGNATURES ON FOLLOWING PAGE]
WMCIP FY2021-22 (WT-7118) Phase 2
29 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.
CITY OF VALLEJO,
a municipal corporation
TERRACON CONSTRUCTORS, INC.
a California corporation
By: By:
Mike Malone
City Manager
Michael Lydon
CFO
ATTEST:
By:
Dawn Abrahamson, City Clerk
APPROVED AS TO CONTENT
By:
(City Seal)
Beth Schoenberger, Water Director
APPROVED AS TO FORM
By:
Veronica Nebb, City Attorney
APPROVED AS TO INSURANCE
By:
Armond Sarkis, Risk Manager
WMCIP FY2021-22 (WT-7118) PHASE 2
CITY OF VALLEJO
WATER DEPARTMENT
CONTRACT CHANGE ORDER
CONTRACT CHANGE ORDER NO.: 2 _ DATE: February 4, 2025
TO: TerraCon Constructors _
PROJECT:
WATER MAIN CAPITAL IMPROVEMENT PROJECT, FISCAL YEAR 2021-22 (WT- 7118) PHASE 2, CAL MARITIME ACADEMY SLIP LINE PROJECT
FROM: Dakari Barksdale _
This change order modifies and amends the provisions of that certain Contract dated July 25, 2023 _ by and between the City and TerraCon Constructors (“Contractor”).
REFERENCE: Contract drawings, Sheet No.
or other drawings attached
Contractor is hereby directed to make the following changes to the Work:
All work mentioned below will be performed at Cal Maritime Academy near the Upper Service Road.
1. Install and remove temporary 6-inch bypass
2. Additional excavation past 15-feet of depth in pit 2 around the 24-inch CMS pipe for HDPE fusion machine.
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 Contracto r to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.
WMCIP FY2021-22 (WT-7118) PHASE 2
EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.
RECOMMENDED: Dakari Barksdale Senior Civil Engineer
NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties . The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
ACCEPTED AND AGREED:
Contractor: Date:
(Name and Title)
City: Date:
(Water Engineering Manager)
ADJUSTMENT OF CONTRACT TIME OF COMPLETION: N/A
AGREED PRICE: $15,696.27
FORCE ACCOUNT: Time and Materials
BASE CONTRACT PRICE: $658,314.00
PREVIOUS CONTRACT CHANGE ORDER: $13,213.74
NEW ADJUSTED CONTRACT PRICE: $687,224.01
CONSENT CALENDAR 8.K.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor Sorce
SUBJECT: APPROVE A PROCLAMATION COMMEMORATING THE 250TH BIRTHDAY OF THE
UNITED STATES NAVY
RECOMMENDATION
Approve a proclamation commemorating the 250th birthday of the United States Navy
REASONS FOR RECOMMENDATION
Vallejo since 1854. Residents, veterans and former shipyard workers and their families are a part of the 250 year legacy of the Navy.
BACKGROUND AND DISCUSSION
Since the establishment of the Mare Island Naval Shipyard in 1854 until the base closure in 1996 the United States Navy had an impactful and enduring presence in the day to day lives of Vallejoans.. Since the closure to present day Naval influence is reflected in the city through historical celebration, commemorative events, street names, veterans organizations, and the residents and shipyard workers who were witness to and participants in creating Navy history.
The Vallejo Veterans Memorial Building Council is planning a celebration in honor of the United States Navy’s 250th birthday on Monday October 20 at 7PM. A presentation of the proclamation is scheduled for that day.
FISCAL IMPACT
None
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. 09232023 Proclamation Commemorating the 250th birthday of the United States Navy
CONTACT
Erik Rzomp, Executive Assistant to Mayor Sorce (707) 648-4377 [email protected]
PROCLAMATION
COMMEMORATING THE 250TH BIRTHDAY OF THE UNITED STATES NAVY
WHEREAS, on October 13, 1775, the Continental Congress established the United States Navy, commissioning two armed vessels to intercept British supply ships—thus laying the foundation for what would become one of the most powerful and enduring maritime forces in h istory; and for 250 years, the United States Navy has safeguarded freedom of the seas, defended our nation’s interests, and exemplified the highest standards of honor, courage, and commitment; and
WHEREAS, the City of Vallejo, holds a unique and distinguished place in naval history as the home of the Mare Island Naval Shipyard (MINS) - the first permanent U.S. Navy installation on the Pacific Coast - established in 1854 and serving as a vital center for shi pbuilding, innovation, and national defense until 1996; and MINS contributed to every major conflict from the Civil War through the Cold War, launching and repairing thousands of vessels, including submarines and aircraft carriers, and employing generations of skilled workers, engineers, and service members whose legacy continues to shape our community; and WHEREAS, the Navy’s presence in Vallejo fostered a proud tradition of patriotism, economic vitality, and civic engagement, and its enduring influence is reflected in our city’s culture, landmarks, and commitment to honoring Veterans, families, and organizations su ch as the Fleet Reserve Association (FRA) - Branch 8, US Submarine Veterans Inc. (USSVI) - Mare Island Base; The American Legion (TAL) Posts 550 & 603, Disabled American Veterans (DAV) Chapter 21, and Veterans of Foreign Wars (VFW) Post 1123, TAL U nit 550 Auxiliary, Vallejo Navy League, Mare Island Historic Parks Foundation, Vallejo Naval & Historical Museum; and WHEREAS, the 250th birthday of the United States Navy offers a moment to reflect on its storied past, honor its fallen, celebrate its Veterans and Servicemembers, and inspire future generations to carry forward its proud traditions and the highest standards of honor, courage, and commitment.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Andrea Sorce, Mayor of the City of Vallejo, and the Vallejo City Council do hereby commemorate the 250th birthday of the United States Navy, expressing our deepest gratitude to all who have served and continue to serve in its ranks; that we honor the legacy of Mare Island Naval Shipyard and its profound contributi ons to our city, our state, and our nation’s defense; and as a testament to the valor, legacy, and enduring spirit of the United States Navy on this historic milestone.
Dated: September 23, 2025
__________________________________
ANDREA SORCE, MAYOR
Vice Mayor Peter Bregenzer, District 5
Council Member Helen-Marie Gordon, District 6
Council Member Tonia Lediju, District 3
Council Member Alexander Matias, District 1
Council Member Diosdado ‘JR’ Matulac, District 2
Council Member Charles Palmares, District 4
CONSENT CALENDAR 8.L.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S RESPONSE TO THE 2024-25 GRAND JURY REPORT ENTITLED “CITY OF VALLEJO ROADS”
AND AUTHORIZING THE CITY CLERK TO FORWARD THE RESPONSE TO THE
PRESIDING JUDGE OF THE SOLANO COUNTY SUPERIOR COURT AND TO THE
FOREPERSON OF THE SOLANO COUNTY CIVIL GRAND JURY
RECOMMENDATION
Adopt a Resolution approving and authorizing the City's Response to the 2024-2025 Grand Jury Report entitled "City of Vallejo Roads” and authorizing the City Clerk to forward the Response to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano County Civil Grand Jury.
REASONS FOR RECOMMENDATION
The City Council is required by law to respond to the Grand Jury Report and to comment on its findings.
Adopting the resolution approving and authorizing the response and directing the City Clerk to forward it to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano Civil Grand Jury will satisfy this obligation.
BACKGROUND AND DISCUSSION
On July 8, 2025, the Solano County Civil Grand Jury released a report entitled "City of Vallejo Roads" (Report), dated July 1, 2025, after receiving complaints from residents of Vallejo regarding road conditions and sideshow activities. The Grand Jury examined City plans supporting street maintenance and efforts to curb sideshow activity.
The Grand Jury issued five findings that require the City's written response no later than September 30, 2025.
The City Manager and staff have prepared a response on behalf of the City of Vallejo for the City Council's consideration and approval. This response is identified as Exhibit A to the Resolution. If approved, the City Clerk will forward the response to the Presiding Judge of the Solano County Superior Court and provide an electronic copy to the Foreperson of the Civil Grand Jury as required by law.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
ATTACHMENTS
1. Resolution-Grand Jury Report Response - FY 24-25 City of Vallejo Roads 9.23.25_CAO Stamp
Date: September 23, 2025
Subject: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S RESPONSE TO THE 2024-25 GRAND JURY REPORT ENTITLED “CITY OF VALLEJO ROADS”
AND AUTHORIZING THE CITY CLERK TO FORWARD THE RESPONSE TO THE
PRESIDING JUDGE OF THE SOLANO COUNTY SUPERIOR COURT AND TO THE
FOREPERSON OF THE SOLANO COUNTY CIVIL GRAND JURY
2. Exhibit A - City of Vallejo Response
3. Grand Jury Response Letter
4. Grand Jury Report - FINAL 250701 City of Vallejo Roads
CONTACT
Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 25-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AND AUTHORIZING THE CITY’S RESPONSE TO THE 2024-25 GRAND JURY REPORT ENTITLED “CITY OF VALLEJO ROADS” AND AUTHORIZING THE CITY CLERK TO FORWARD THE
RESPONSE TO THE PRESIDING JUDGE OF THE SOLANO COUNTY SUPERIOR COURT
AND TO THE FOREPERSON OF THE SOLANO COUNTY CIVIL GRAND JURY
WHEREAS, pursuant to Penal Code Section 933, a public agency which receives a Grand Jury Report addressing aspects of the public agency’s operations must, within ninety (90) days, provide a written response to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury, responding to the Report’s findings and recommendations; and
WHEREAS, Penal Code Section 933 specifically requires that the “governing body” of the public agency provide the response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and
WHEREAS, the City Council of the City of Vallejo has received and reviewed the Solano County Civil Grand Jury Report dated July 1, 2025, entitled “City of Vallejo Roads;” and
WHEREAS, at a regular meeting held on September 23, 2025, the Grand Jury Report was presented, and the City Council discussed the report findings and recommendations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Vallejo approves and authorizes the response to the 2024-2025 Solano County Civil Grand Jury Report entitled “City of Vallejo Roads,” a copy of which response is attached hereto as Exhibit “A” and incorporated herein by reference.
Section 2. The City Council of the City of Vallejo directs the City Clerk to forward the City Response forthwith to the Presiding Judge of the Solano County Superior Court and to the Foreperson of the Solano County Civil Grand Jury.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on September 23, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ANDREA SORCE, MAYOR
ATTEST
DAWN G. ABRAHAMSON, CITY CLERK
EXHIBIT “A”
CITY OF VALLEJO RESPONSE TO “CITY OF VALLEJO ROADS” SOLANO COUNTY GRAND JURY REPORT DATED JULY 1, 2025
FINDINGS, RECOMMENDATIONS, AND RESPONSES:
Finding 1: Vallejo Public Works Maintenance workers are among the lowest paid in Solano County.
Recommendation 1: While a 5% wage increase will take effect on July 1, 2025, the City of Vallejo should continue exploring additional strategies to improve employee retention, including ensuring salary competitiveness.
Response: The existing contract with IBEW provides for an additional 5% wage increase effective July 1, 2026.
Finding 2: Vallejo has not yet engaged a municipal advisory service.
Recommendation 2: The City of Vallejo should expedite the hiring of municipal advisory services.
Response: The City of Vallejo has retained municipal advisor Melissa Shick with KNN Public Finance, based in Berkeley, California.
Finding 3: Traffic calming measures have only been installed in select areas.
Recommendation 3: The City should continue to explore pilot programs and identify more permanent solutions to discourage sideshow activity.
Response: The City of Vallejo is evaluating additional locations for the implementation of future sideshow deterrent measures.
Finding 4: The Vallejo Police Department (VPD) does not currently collect comprehensive data on the efficacy of the Pilot Program, aside from 30-day logs generated through the RIMS computer-aided dispatch (CAD) system.
Recommendation 4: VPD should establish defined performance measures to assess the effectiveness of the Pilot Program.
Response: Vallejo PD (VPD) currently tracks and analyzes sideshow data in several ways:
· Auditory detection software, RAVEN, captures the sound of sideshow activity, however this only occurs where there is RAVEN coverage. This is a good tool, but as mentioned by the Grand Jury does have limitations due to the limited coverage areas. · VPD continues to track and analyze CAD data on reported sideshows to include date, time, duration, nature of police response, etc. This tracking method continues to have value as there can be a comparison related to improvements to common sideshow locations as well as defining new sideshow “hotspots.”
· VPD has leveraged its joint relationship with the California Highway Patrol (CHP) in conducting monthly sideshow deterrent patrol deployments. This initiative has had a significant effect on reducing sideshow activity in City of Vallejo. Internal data resulting from this initiative is captured and analyzed monthly. VPD tracks the amount of enforcement as well as the number of sideshows that occurred and/or were deterred during the joint deployment.
Finding 5: Vallejo Public Works currently uses a “pay-as-you-go” system to repair roads, which limits the City’s ability to execute large-scale maintenance projects without upfront funding.
Recommendation 5: The City of Vallejo should continue to pursue a municipal bond to adequately fund large-scale roadway maintenance projects.
Response: The City of Vallejo Public Works Department is advancing major paving projects funded primarily through Measure P, with approximately $11.5 million appropriated in Fiscal Years 2023-24 and 2024-25. For Fiscal Year 2025-26, the City Council has approved $1 million in Measure P funding to initiate the design phase of the 2026 road paving restoration project. In addition, City staff will be seeking support from the Measure P Oversight Committee for an additional $10–$11 million to complete the 2026 road repairs. Following the Committee’s review, the funding request will be presented to the City Council for consideration and appropriation.
The City is working with municipal advisor Melissa Shick from KNN Public Finance to evaluate the most effective strategy for pursuing a bond measure to support long-term infrastructure needs.
City Manager’s Office ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590
September 24, 2025
Honorable Judge Alesia Jones
Presiding Judge
Solano County Superior Court
600 Union Avenue
Fairfield, CA 94533
Rommye L. Qualls
Foreperson, 2024- 2025 Solano County Civil Grand Jury
Hall of Justice
600 Union Ave
Fairfield, CA 94533
Sent Via Email: [email protected]
RE: City of Vallejo response to “City of Vallejo Roads” Solano County Civil Grand Jury Report dated July 1, 2025
Dear Honorable Judge Jones:
At the regular City Council meeting on September 23, 2025, the City of Vallejo City Council reviewed the report “City of Vallejo Roads” and in accordance with California Penal Code Section 933(c), responded to Findings 1 through 5, as requested. A certified copy of Resolution No. 25-___, which includes the City’s response, is attached.
Please let us know if you have any questions or require further information.
Sincerely,
Andrew Murray
City Manager
2024-2025
City of Vallejo Roads
July 1, 2025
FIN
AL 250701 City of Vallejo Roads
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City of Vallejo Roads
Solano County Civil Grand Jury 2024-2025
I. S UMMARY
F
or the past several years the conditions of roads and traffic in Vallejo have been a continuous issue of discussion, and not in a positive way. Residents and non-residents passing through the City of Vallejo often weave through potholes and experience noise coming from illegal sideshows. The Solano County Civil Grand Jury (Jury) decided to examine city plans supporting street maintenance and efforts to curb sideshow activity. The jury was encouraged by their findings.
II. INTRODUCTION
T
he Jury chose to examine the road conditions, such as street potholes, and illegal sideshow road activity in the city of Vallejo based on complaints from residents of Vallejo. Metropolitan Transportation Commission (MTC) Data confirmed that Vallejo’s street conditions are among the worst in Solano County and the Bay Area. Numerous news articles detailed citizen complaints about illegal sideshows happening in their neighborhoods. Based on this evidence, the Jury decided to investigate the entities responsible for city street maintenance and infrastructure and efforts to curtail illegal sideshow activity.
FINAL 250701 City of Vallejo Roads
- 3 -
III. S
TATEMENT OF FACTS
Street Maintenance
Years of underfunding in the City of Vallejo has led to significant deterioration of city roads.
Today, there is a need to undertake significant reconstruction and maintenance measures to restore Vallejo’s city streets.
The three primary agencies reviewed by the Jury were the Metropolitan Transportation Commission (MTC), Solano Transportation Authority (STA), and Vallejo Public Works (PW) Department.
MTC is the transportation planning and financing agency for the nine-county San Francisco Bay Area, which includes Solano County. It coordinates regional transportation projects, allocates Figure 1: City of Vallejo Road Sign
FINAL 250701 City of Vallejo Roads
- 4 -
funding, and establishes the framework for the federal money dispersed to cities like Vallejo.
MTC considers various programs and plans how federal funds can be spent.
MTC collects Pavement Condition Index (PCI) data for cities within its jurisdiction. This data is uploaded to the StreetSaver® database and used to assess the condition of local roadways and prioritize maintenance and repair projects. It is a federal requirement for cities to have these records updated every three years to be eligible to receive federal grant funds.
The Solano Transportation Authority (STA) is responsible for planning, coordinating, and funding transportation projects and programs within Solano County. The STA Board is composed of mayors from seven cities in the county and one county supervisor. The Board makes decisions on regional transportation projects and allocates resources. The STA is involved only in major roadway construction funding and not in road maintenance.
The Vallejo Public Works Department is responsible for maintaining and improving the city's infrastructure, including streets, parks, and public facilities. PW is funded by a state gas tax, federal grants, and Measure P funds.
In 2022, the City of Vallejo voters approved Measure P sales tax to maintain city services including, but not limited to, paving city roads. Measure P added 0.875% to the city’s sales tax and is estimated to generate $18M annually. On January 23, 2025, the Measure P Oversight Committee approved $10M of Measure P funding for the 2025 Roadway Paving Restoration and Renewal Project.
The level of street deterioration experienced by Vallejo now calls for significant effort in order to fund large scale projects. One way of acquiring funds earlier would be through a bond measure.
In addition, the City of Vallejo is soliciting a municipal advisor service to review the City’s long- range financing needs and assist with the development of alternative strategies for meeting those needs.
The Public Works Maintenance Division (PWMD) addresses issues related to residential road maintenance and pothole repair. Complaints are received through the SeeClickFix™ online tool Figure 2: PCI Index Table
FINAL 250701 City of Vallejo Roads
- 5 -
(non-emergency) or calls into the PWMD at (707) 648-5235 (for emergency maintenance).
PWMD indicated that one challenge for the street maintenance section is a lack of steady labor force. Attrition is due in part to non-competitive salaries. PWMD has the lowest paid salaries for maintenance workers in Solano County.
Public Works Engineering (PWE) Department Staff provides funding recommendations for capital improvement projects including road repair/improvement efforts. These are larger scale projects handled by third-party contractors. These projects involve extensive planning, engineering, and significant capital. Capital funds must be approved by the Vallejo City Council.
Figure 3: Example of street deterioration with pothole and alligator cracking
FINAL 250701 City of Vallejo Roads
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Side Shows / Traffic Calming Measures
On November 14, 2023, the Vallejo City Council approved project plans and specifications for a Pilot Program dedicated to traffic calming measures. This program consists of installing traffic circles, speed bumps, and street narrowing at select intersections.
Figure 4: Sideshow at Lemon Street at Sonoma Blvd.
FINAL 250701 City of Vallejo Roads
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Figure 5: Results of sideshows at 800 5th Street, Vallejo
The installation of traffic calming measures requires the agreement of the Vallejo Police Department (VPD) and emergency services due to the impact these measures may have on response times for these entities. In addition, some side shows occur outside city jurisdiction. In these cases, the city cannot install measures through the Pilot Program described above.
FINAL 250701 City of Vallejo Roads
- 8 -
Figure 6: Speed Bumps Approaching Dalwigk Park
FINAL 250701 City of Vallejo Roads
- 9 -
Figure 7: Traffic Circle at Dalwigk Park Intersection
According to the City of Vallejo website’s Key City Briefs, “The Public Works Department is implementing several measures to deter sideshows. The city installed sideshow deterrent and traffic calming devices in 15 intersections as a pilot project throughout the city. These have mostly been at neighborhood scale intersections. The department is also working with peers to assess technologies and strategies that may work at larger intersections. The department expects to pilot some new devices and approaches at major intersections within the next few months.
Note that any intersection that falls on a state highway is controlled by Caltrans, so the City would need to coordinate with Caltrans on the design of the devices as well as receive Caltrans approval to install the devices.”
FINAL 250701 City of Vallejo Roads
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Figure 8: Planned intersections for improvement are depicted by the construction icons
VPD uses Flock Safety® Raven audio sensors to pick up sounds of screeching tires often heard during sideshows. The sensors are not installed city-wide, therefore areas lacking the sensors will not pick up sideshow activity. Data and history collected through these sensors can be searched; however, this data is deleted after 30 days.
The Jury contacted the VPD regarding data related to sideshows. VPD collects data regarding the number of 9-1-1 dispatcher calls regarding sideshows. However, the Jury notes that VPD does not collect sufficient data points or indicators to assess the effectiveness of these deterrence measures.
FINAL 250701 City of Vallejo Roads
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Figure 9: Flock Safety® Raven Audio Sensors
IV. F
INDINGS AND RECOMMENDATIONS
F
INDING 1 – Vallejo Public Works Maintenance workers are among the lowest paid in Solano County.
R
ECOMMENDATION 1 – While a 5% increase in wages takes effect on July 1, 2025, the City of Vallejo should continue to look at ways to improve retention including salary competitiveness.
F
INDING 2– Vallejo has not yet engaged a municipal advisory service.
R
ECOMMENDATION 2 – The City of Vallejo should expedite the hiring of municipal advisory services.
F
INDING 3– Traffic calming measures have been installed in only select areas.
R
ECOMMENDATION 3 – Continue to explore pilot programs to find more permanent solutions to discourage sideshow activity.
F
INDING 4 – VPD does not currently collect data regarding the efficacy of the Pilot Program, outside of 30-day logs from RIMS computer-aided dispatch (CAD) System.
FINAL 250701 City of Vallejo Roads
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RECOMMENDATION 4 – VPD should have defined measures to determine the effectiveness of the Pilot Program.
FINDING 5 – VPW is using a “pay-as-you-go” system to repair current roads and is not able to produce large-scale maintenance projects without upfront funds.
R
ECOMMENDATION 5 – The City of Vallejo should continue to pursue a city bond in order to properly fund needed large scale maintenance work.
V. C
OMMENTS
Timely preventive maintenance is crucial. Funding for road upkeep has been insufficient, leading to greater deterioration and higher future rehabilitation costs. The city bond requested by VPW will help address rehabilitation efforts in the City of Vallejo if it is approved.
Impediments to controlling sideshow activity include separation of jurisdictions between city and county roads; combined with the transitory nature of the sideshows. Many intersections within the city limits cross state highways or county roads which adds a level of difficulty in resolving illegal sideshow activity.
VI. M
ETHODOLOGY
Video:
City of Vallejo: Measure P Oversight Committee
https://vallejoca.portal.civicclerk.com/event/7255/files/agenda/10178 https://vallejoca.portal.civicclerk.com/event/7346/files/attachment/20466
Documents:
City of Benicia Human Resources Department, Salary Information.
City of Vallejo Human Resources Department, Salary Information.
City of Fairfield Human Resources Department, Salary Information.
City of Rio Vista Human Resources Department, Salary Information.
City of Vacaville Human Resources Department, Salary Information.
City of Vallejo, August 2019 Pavement Condition Index (PCI) Pavement Engineering Inc., Executive Summary - Pavement Management System for Vallejo Ca.
Metropolitan Transportation Commission (MTC): 2023 Pavement Conditions Summary
City of Vallejo Police 2022-2023 Biennial Report
Date: August 4, 2020 Announcement:
Vallejo police department cracks down on dangerous sideshow activity.
Date: January 27, 2025:
FINAL 250701 City of Vallejo Roads
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CHP Expands Support To Assist VPD In Addressing Reckless Driving & Sideshows.
Date: 10/10/24: Briefs of Key City Issues
https://www.vallejo.gov/our_city/departments_divisions/communications/ briefs_on_key_city_issues.
SeeClickFix™
https://seeclickfix.com/vallejo
Interviews:
Solano Transportation Authority.
Public Works, City of Vallejo.
Site Tours:
Various streets within the City of Vallejo
VII. R
EQUIRED RESPONSES
Vallejo City Council: Findings 1 and 2
Vallejo Public Works: Findings 3 and 5
Office of the City Manager: Findings 1 and 2
Vallejo Police Department: Findings 3 and 4
VIII. C
OURTESY COPIES
City of Vallejo Public Works Director
City of Vallejo Assistant Public Works Director – Maintenance City of Vallejo Transportation Program Superintendent
Metropolitan Transportation Commission
Solano Transportation Authority
CONSENT CALENDAR 8.M.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Alicia M. Jones, Housing Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2025-26 HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM BUDGET TO APPROPRIATE $741,000 FROM
UNSPENT PRIOR YEAR HOME PROGRAM FUNDS FOR THE TENANT-BASED RENTAL ASSISTANCE (TBRA) PROGRAM (Step 2 of 2)
RECOMMENDATION
Adopt a Resolution Amending the Fiscal Year (FY) 2025-26 HOME Investment Partnerships ("HOME") Program Budget to Appropriate $741,000 from Unspent Prior Year HOME Program Funds for the Tenant- Based Rental Assistance (TBRA) Program (step 2 of 2).
REASONS FOR RECOMMENDATION
The budget amendment is necessary to carry forward unspent HOME Program funds from prior years in order to fully fund the FY 2025-26 TBRA Program as approved in the City's Consolidated Plan.
BACKGROUND AND DISCUSSION
On May 20, 2025, following a public hearing, the Housing and Community Development Commission adopted a resolution recommending that the City Council approve the City of Vallejo’s FY 2025-26 through FY 2029-30 Five-Year Consolidated Plan. The Plan includes proposed FY 2025-26 HOME Program activities and funding allocations for the period of July 1, 2025, through June 30, 2026.
On July 8, 2025, the City Council approved the FY 2025-26 through FY 2029-30 Consolidated Plan. Among the FY 2025-26 HOME Program activities is the Tenant-Based Rental Assistance (TBRA) Program, with an allocation of $750,000. Since only $9,000 is currently budgeted for FY 2025-26, a budget amendment is necessary to carry over unspent HOME funds from prior years to provide the remaining allocation and fully implement the TBRA Program.
This item was reviewed by the Housing and Community Development Commission on September 4, 2025, and recommended for approval. Staff provided a notice of intent to amend the HOME Program budget (step 1 of 2) during the September 9, 2025 City Council meeting.
FISCAL IMPACT
Approval of the budget amendment will appropriate $741,000 in unspent prior-year HOME Program funds to the FY 2025-26 HOME Program Budget for the TBRA Program. This action reallocates existing federal funds and does not impact the City’s General Fund.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Date: September 23, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2025-26 HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM BUDGET TO APPROPRIATE $741,000
FROM UNSPENT PRIOR YEAR HOME PROGRAM FUNDS FOR THE TENANT- BASED RENTAL ASSISTANCE (TBRA) PROGRAM (Step 2 of 2)
ATTACHMENTS
1. Resolution for FY 2025-26 HOME Program Budget Amendment for the TBRA Program - CAO Stamp
CONTACT
Alicia M. Jones, Housing Director (707) 648-4408
[email protected]
RESOLUTION NO. ______N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO APPROVING AN AMENDMENT TO THE FISCAL YEAR
(FY) 2025-26 (JULY 1, 2025- JUNE 30, 2026) HOME INVESTMENT PARTNERSHIPS (“HOME”) PROGRAM EXPENDITURE BUDGET
TO APPROPRIATE $741,000 FROM UNSPENT PRIOR YEAR HOME
PROGRAM FUNDS FOR THE TENANT-BASED RENTAL
ASSISTANCE PROGRAM
WHEREAS, on May 20, 2025, following a public hearing, the Housing and Community Development Commission adopted a resolution recommending that the City Council approve the City of Vallejo’s FY 2025-26 through FY 2029-30 Consolidated Plan, which includes the proposed FY 2025-26 HOME Investment Partnerships (“HOME”) Program activities and funding allocations for the period of July 1, 2025, through June 30, 2026; and
WHEREAS, on July 8, 2025, the City Council approved the FY 2025-26 through FY 2029- 30 Consolidated Plan; and
WHEREAS, among the FY 2025-26 HOME activities is the Tenant-Based Rental Assistance (TBRA) Program, with an allocation of $750,000; and WHEREAS, only $9,000 is currently budgeted for FY 2025-26, and a budget amendment is necessary to carry over unspent HOME funds from prior years to provide the remaining allocation and fully implement the TBRA Program; and
WHEREAS, staff is proposing that the HOME Program expenditure budget be increased by $741,000; and
WHEREAS, City Charter Section 703 requires that available funds not included in the Budget may be appropriated by the City Council after giving one week’s notice of intention to do so; and
WHEREAS, on September 4, 2025 during a regular meeting, the Housing and Community Development Commission recommended that the City Council of the City of Vallejo approve the Amendment to the FY 2025-26 HOME Program Budget; and
WHEREAS, on September 9, 2025, the City Council approved a Notice of Intention to amend the FY 2025-26 HOME Program Budget; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the Budget amendment and has determined that the Budget amendment is both fair and appropriate.
NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to Charter Section 703, the City Council does hereby amend the Fiscal Year (FY) 2025-26 HOME Investment Partnerships ("HOME") Program Budget (Fund 102) to Appropriate $741,000 from Unspent Prior Year HOME Program Funds for the Tenant-Based Rental Assistance (TBRA) Program
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 23, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
ANDREA SORCE, MAYOR
ATTEST:
________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.N.
DATE: September 23, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
Vidia Gillula, Water Quality Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR LABORATORY SERVICES WITH ALPHA ANALYTICAL LABORATORIES, INC., INCREASING THE NOT-TO-EXCEED AMOUNT TO $1,750,000
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a First Amendment to the Professional Services Agreement for laboratory services with Alpha Analytical Labs, Inc., increasing the not-to-exceed amount to $1,750,000 and authorizing the City Manager to execute the same.
REASONS FOR RECOMMENDATION
The City of Vallejo Water Department Laboratory performs water quality testing on an average of over 1,900 water samples each month. The Department must use on-call assistance from a contract laboratory to perform those few tests for which specialized instrumentation is required, and which the Water Department laboratory does not possess. At the City Council Meeting of March 28, 2023, based upon the evaluation of proposals received through the competitive RFP process, Council approved contracts with two laboratories for as- needed water quality laboratory services in order to maintain compliance with state and federal drinking water regulations. Due to increased costs and tariffs applied by the Federal Government, staff recommend increasing the not-to-exceed amount for the Contract with Alpha Analytical Labs, Inc. to $1,500,000.00 through the life of the contract expiring on June 30, 2028.
BACKGROUND AND DISCUSSION
The City of Vallejo Water Department Laboratory is certified as an Environmental Laboratory Accreditation Program (ELAP) laboratory. ELAP provides evaluation and accreditation of environmental testing laboratories to ensure the quality of analytical data used for regulatory purposes to meet the requirements of the State's drinking water regulation program. The State Water Resources Control Board uses the analytical data from accredited laboratories. The ELAP accreditation means that the City of Vallejo Water Department has demonstrated the capability to analyze environmental samples using approved methods.
As an ELAP certified laboratory, the City of Vallejo Water Department Laboratory performs systematic and continuous sampling and testing of the drinking water throughout Vallejo and the Lakes Water system at many different points in the distribution system. On average, the lab performs quality testing on over 1,900 samples each month. To perform this work, the laboratory has five authorized full-time equivalent (FTE) positions, including a manager, a supervisor, two laboratory analysts, and a water quality analyst.
Outside laboratories are used on a regular but minimal basis to perform those few tests for which specialized instrumentation is required, and which the City of Vallejo Laboratory does not possess.
A request for proposals (RFP) was advertised for as-needed laboratory services on January 26, 2023. Proposals were received from two laboratories. Proposals were evaluated on 1) qualifications,
Date: September 23, 2025
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR LABORATORY SERVICES WITH ALPHA ANALYTICAL LABORATORIES, INC., INCREASING THE NOT-TO-EXCEED AMOUNT TO $1,750,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
experience, and references; 2) proposed work plan; 3) fee schedule; and 4) overall quality of proposal. It should be noted that, based on the expertise and testing capabilities that each laboratory provides, the City could not select a laboratory based solely on the lowest bid.
The following laboratories were selected to provide as-needed laboratory services:
• Alpha Analytical Laboratories, Inc.
• Eurofins Eaton Analytical, LLC
City Council approved and awarded contracts with multiple laboratories of various testing capabilities for as- needed laboratory services on March 28, 2023. Due to inflationary costs and additional tariffs, the forecasted expenditure with this vendor has increased. Staff recommends approving this First Amendment to increase the not-to-exceed amount to $1,750,000.00 to maintain compliance with state and federal drinking water regulations. This action will authorize the City Manager to execute the First Amendment to increase the spending limit.
FISCAL IMPACT
Funding for as-needed laboratory services in FY 25-26 is available in the Water Enterprise Fund through existing appropriations. Expenditures in future fiscal years are subject to Council authorization of annual budget appropriations. There is no fiscal impact on the General Fund.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Alpha Analytical - First Amendment to 23WD150 - Resolution CAO Stamp
2. Alpha Analytical - First Amendment to 23WD150 CAO Stamp
3. Alpha Analytical - COI Exp(11.01.2025)
CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 26-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR LABORATORY SERVICES WITH ALPHA ANALYTICAL LABORATORIES, INC., INCREASING THE NOT- TO-EXCEED AMOUNT TO $1,750,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME
WHEREAS, the City of Vallejo Water Department Water Quality Laboratory is certified as an Environmental Laboratory Accreditation Program (ELAP) laboratory; and
WHEREAS, the City of Vallejo Water Department must sample City drinking water to maintain compliance with state and federal drinking water regulations; and
WHEREAS, the City of Vallejo Water Department Water Quality Laboratory performs quality testing on over 1,900 samples each month; and
WHEREAS, outside laboratories are used on a regular but minimal basis to perform those few tests for which specialized instrumentation is required; and
WHEREAS, the City complied with Vallejo Municipal chapter 3.20, by advertising the Laboratory Services request and publicly began receiving proposals on January 26, 2023; and received two (2) proposals; and
WHEREAS, the City Council approved and awarded contracts with Eurofins Eaton Analytical and Alpha Analytical Laboratories, Inc., on March 28, 2023; and
WHEREAS, forecasted spending with Alpha Analytical has increased due to inflationary costs and federal tariffs.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a First Amendment to the Professional Services Agreement for laboratory services with Alpha Analytical Laboratories, inc., increasing the not-to-exceed amount to $1,750,000 and authorizing the city manager to execute the same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on September 23, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ANDREA SOURCE, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Professional Services Agreement Between City of Vallejo and Alpha Analytical Page 1 of 2 (Revised 01.2019)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
AND
ALPHA ANALYTICAL LABS, INC.
This First Amendment to the Professional Services Agreement made and entered into on March 6, 2023, hereafter referred to as Agreement, between Alpha Analytical Labs, Inc., a California Corporation, therein referred to as “Service Provider”, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 22nd day of September 2025.
Service Provider and City do mutually agree as follows:
1. Amendment of Exhibit B “Compensation.” Paragraph 1.A of Exhibit B “Compensation” of the Agreement is hereby amended to read as follows:
A. Services: City agrees to pay Service Provider, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not-to-exceed amount of One Million Seven Hundred Fifty Thousand Dollars and Zero Cents ($1,750,000.00).
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Service provider shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Service provider hereby represents and warrants that he or she is fully authorized to sign this First Amendment
First Amendment to Professional Services Agreement Between City of Vallejo and Alpha Analytical Page 2 of 2 (Revised 01.2019)
on behalf of Service provider.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
ALPHA ANALYTICAL LABS, INC.,
a California Corporation
BY:
ROBBIE C. PHILLIPS
President
DATE:
11700042
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:
BY:
BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:
BY: For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
BY:
ARMOND SARKIS
Risk Manager
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
4/22/2025
(707) 961-1250(707) 462-376314167Alpha Analytical Laboratories, Inc.208 Mason StreetUkiah, CA 9548211512 A 3,000,000XXENV562004850-044/6/20254/6/2026100,000X,C,U Included 5,0003,000,0003,000,0003,000,000Hired/Non Owned1,000,0001,000,000B 9746633935/1/202511/1/20252,000,000A ENV562004851-044/6/20254/6/20262,000,0000C XEIG2610892075/1/20255/1/20261,000,000Y 1,000,0001,000,000APollution LiabilityENV562004850-044/6/2025Ea. Occ./Aggregate3,000,000AProfessional LiabiliENV562004850-044/6/20254/6/2026Ea. Occ./Aggregate3,000,000The City of Vallejo, its officials, officers, directors, employees and agents are named as Additional Insured with respect to the work to be performed under the agreement. Waiver of Subrogation and Primary Wording applies as per attached endorsements City of VallejoWater Department202 Fleming Hill RoadVallejo, CA 94589 ALPHANA-01MGOMES
Team Insurance & Financial Services, Inc.PO Box 1472Ukiah, CA 95482Menthie [email protected] National Insurance CompanyProgressiveEmployers Comp Ins Co X4/6/2026
X XXX XXXX
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
CG 20 10 07 04 © ISO Properties, Inc., 2004. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
Any person or organization for whom you are performing
operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy.
In respect to any location where the named insured is
performing “your work”.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused,
in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
POLICY NUMBER: ENV562004850-04
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 – ADDITIONAL INSURED OWNERS, LESSEES OR
– CONTRACTORS COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement, effected prior to the date your operations
for that person or organization commenced, that such
person or organization be added as an additional
insured on your policy.
In respect to any location where the named insured is
performing “your work”.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. – Section II Who Is An Insured i s amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included i n the "products-
completed operations hazard".
POLICY NUMBER: ENV562004850-04
GO 0218 – 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission