CITY OF VALLEJO 11 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.
WAIVER OF SUBROGATION
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.
VERIFICATION OF COVERAGE
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
PAYMENT WITHHOLD
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.
Exhibit D
CITY OF VALLEJO 12 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
FAITHFUL PERFORMANCE BOND
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, ________________________, as Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the sum of ____________________ Dollars ($________________), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as herein above provided.
WHEREAS, that the Principal has entered into a contract with said City for the construction of:
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California. (Signatures on the following page)
CITY OF VALLEJO 13 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ___________ day of __________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person: _________________________________________________________ Name of Company: ______________________________________________________ Address:
Telephone No.: ______________________
NOTES: (1) Signatures of those executing for the Principal and Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF FAITHFUL PERFORMANCE BOND
CITY OF VALLEJO 14 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PAYMENT (LABOR AND MATERIALS) BOND
for
CITY OF VALLEJO
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded:
_________________________hereinafter designated as the Principal, a contract for:
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.
NOW, THEREFORE, we, the Principal, and _____________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the sum of _____________________________ Dollars ($_________________), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as herein provided.
The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety hereon will pay the same in an amount not exceeding the sum specified in its bond, and also, in case suit is brought upon this bond, reasonable attorneys’ fees to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
Exhibit E
CITY OF VALLEJO 15 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ________ day of _____________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone No.:
NOTES: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF PAYMENT (LABOR AND MATERIALS) BOND
CITY OF VALLEJO 16 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PREVAILING WAGE REQUIREMENTS
STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWAgeDetermination.htm
FEDERAL MINIMUM WAGE RATES
http://www.access.gpo.gov/davisbacon/CA.html
Exhibit F
CITY OF VALLEJO 17 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Appendix A
CITY OF VALLEJO 18 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Appendix B
CITY OF VALLEJO 19 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 20 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 21 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 22 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 23 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 24 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 25 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 26 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 27 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 28 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 29 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 30 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 31 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 32 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 33 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 34 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 35 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 36 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 37 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 38 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 39 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 40 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 41 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 42 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 43 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 44 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 45 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 46 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 47 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 48 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 49 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 50 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 51 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 52 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 53 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 54 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 55 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 56 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 57 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 58 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 59 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 60 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 61 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 62 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 63 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 64 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 65 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 66 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 67 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 68 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 69 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 70 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 71 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 72 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 73 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 74 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 75 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 76 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 77 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 78 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 79 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 80 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 81 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 82 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 83 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 84 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 85 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 86 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 87 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 88 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 89 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 90 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 91 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 92 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 93 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 94 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 95 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 96 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 97 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 98 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 99 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 100 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 101 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 102 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 103 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 104 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO 105 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PUBLIC WORKS DEPARTMENT
NOTICE TO BIDDERS
BID DOCUMENTS
and
SPECIAL PROVISIONS
TECHNICAL SPECIFICATIONS
for
STREETS OVERLAY/PAVEMENT MAINTENANCE &
REHABILITATION MEASURE P PROJECT
PROJECT NO. MP2025
FOR USE IN CONNECTION WITH CALTRANS STANDARD SPECIFICATIONS DATED 2023 AND STANDARD PLANS DATED 2023 AND THE LABOR SURCHARGE AND THE EQUIPMENT RENTAL RATES
BID OPENING: 11:00 A.M. on Thursday, September 25, 2025 City Council Chambers, 2nd Floor
City Hall
555 Santa Clara Street, Vallejo, CA
CONTACT: Robert Pizarro, EIT
Assistant Engineer
Telephone: (707) 649-7713
Email: [email protected]
CITY OF VALLEJO 106 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
TABLE OF CONTENTS PAGES
NOTICE TO BIDDERS ................................................................................................................................ 107 INSTRUCTIONS TO BIDDERS .................................................................................................................. 110 PROPOSAL FORM ..................................................................................................................................... 114 BID PROPOSAL .......................................................................................................................................... 116 CITY OF VALLEJO PUBLIC WORKS ......................................................................................................... 131 BIDDER'S BOND FORM ............................................................................................................................. 131 CONTRACTOR QUALIFICATIONS ............................................................................................................ 132 DESIGNATION OF SUBCONTRACTORS ................................................................................................. 133 NONCOLLUSION AFFIDAVIT .................................................................................................................... 136 NONDISCRIMINATION CLAUSE ............................................................................................................... 137 CONTRACT ................................................................................................................................................. 138 FAITHFUL PERFORMANCE BOND ........................................................................................................... 142 PAYMENT (LABOR AND MATERIALS) BOND .......................................................................................... 144 CONTRACTOR QUALIFICATION QUESTIONNAIRE ............................................................................... 146 CONTRACT CHANGE ORDER NO. ........................................................................................................... 150 SPECIAL PROVISIONS .............................................................................................................................. 152 SECTION 1: DEFINITIONS AND TERMS ......................................................................................... 153 SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS ................................................... 164 SECTION 3: AWARD AND EXECUTION OF CONTRACT .............................................................. 167 SECTION 4: SCOPE OF WORK ....................................................................................................... 169 SECTION 5: CONTROL OF WORK .................................................................................................. 172 SECTION 6: CONTROL OF MATERIALS ......................................................................................... 178 SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY ............................................................. 182 SECTION 8: PROSECUTION AND PROGRESS ............................................................................. 215 SECTION 9: MEASUREMENT AND PAYMENT............................................................................... 228 TECHNICAL SPECIFICATIONS ................................................................................................................. 253
CITY OF VALLEJO 107 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN THAT SEALED BIDS will be received in the City Clerk Office of City Hall, 3rd Floor, Vallejo, California, during the business hours of 9:00 AM through 3:00 PM, Monday through Thursday, holidays excepted, until the hour of 11:00 a.m. on September 25, 2025, time to be determined by time.gov, at which time they will be publicly opened and read aloud in City Council Chambers, on 2nd Floor of said City Hall for 2025 Roadway Rehabilitation, City of Vallejo, County of Solano, California according to the plans and specifications prepared by City Staff.
In accordance with the Plans and Specifications, the Work includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the Streets Overlay/Pavement Maintenance & Rehabilitation Measure P Project. Bids for this project shall be submitted in accordance with these specifications and the plans titled “Streets Overlay/Pavement Maintenance & Rehabilitation Measure P Project,” Project No.
MP2025, dated August 2025, comprising 124 drawing sheets, designed by Coastland/DCCM.
In general, the work includes the pavement maintenance of existing improvements within various streets of the City of Vallejo. The work includes, but is not limited to the following:
Pavement maintenance of existing roadway improvements including cold planing existing asphalt; installing pavement reinforcing fabric; pavement overlays of various thicknesses; localized repairs (digouts or base repairs); adjusting utility covers if needed; removing and installing ADA compliant curb ramps; removing and replacing pavement striping, markings and markers; traffic control; and all appurtenant work required to complete the project in accordance with the city-approved plans, specifications and associated contract documents.
Prime Contractor Self Perform requirement is minimum 50% (exclusive of specialty items).
Project Labor Agreement (PLA): The project is subject to the terms and conditions of that certain PLA executed by all parties to the agreement, by and between the City of Vallejo and the Napa-Solano Building and Construction Trades Council and the local Unions that have executed that Agreement. In the event of any conflict or inconsistency between the provisions of the PLA and the provisions of the other Contract Documents, the provisions of the PLA shall govern and control to the fullest extent permitted by law. A copy of the PLA is appended hereto as Appendix B.
CITY OF VALLEJO 108 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Time of completion of the work is 140 WORKING DAYS from the date of issuance of the written notice to proceed by the City.
No bid will be received unless it is made on the Proposal Forms included in these proposed Contract Documents. Each bid must be accompanied by cash, a cashier's check, certified check, or Bidder's bond made payable to the City of Vallejo in the amount of ten percent (10%) of the total bid amount as bid security. Bid bonds shall be issued by a corporate surety duly admitted and authorized to issue bonds and undertakings by the State of California and on the form provided by the City of Vallejo.
Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City of Vallejo, Department of Public Works, 555 Santa Clara Street, 4th Floor, Vallejo, CA 94590-5934. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City of Vallejo, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
The Contractor shall post a copy of the general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.
The Contractor shall also keep an accurate certified payroll record in accordance with requirements set forth in Section 1776 of the Labor Code of the State of California and these Contract Documents.
No contractor or subcontractor may be awarded a contract or listed on a bid proposal for a public works project unless registered with the State of California Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
Bidders are advised that this project is subject to all federal, state, and local nondiscrimination laws including Vallejo Municipal Code Sections 2.72.030 and 2.72.040.
The Plans Specifications, other Contract Documents and proposal forms are available at the PlanetBids website:
http://www.cityofvallejo.net/doing_business/bids___proposals.
The website will provide a link to PlanetBids.
Interested Bidders may register as Planholders (only Planholders will receive information regarding addenda and other notices from the City) online via the PlanetBids website (no
CITY OF VALLEJO 109 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
cost). Users of documents posted on the internet in electronic form are cautioned that the City of Vallejo does not assume any liability or responsibility based on these electronic files for any defective or incomplete copying, excerpting, scanning, faxing, or downloading of the Contract Documents.
Complete sets of Contract Documents shall be used in preparing bids; neither City nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.
The bid security for the three acceptable lowest Bidders shall be retained until the City Council has awarded a Contract to the successful Bidder. All other Bidder's bid security shall be returned to the Bidder.
Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute a deposit of securities in lieu of the City of Vallejo withholding any monies to ensure Contractor's performance under the Contract, or alternatively, request that the City of Vallejo make payment of retentions earned directly to an escrow agent at the expense of Contractor.
The provisions of Public Contract Code Section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
The City of Vallejo reserves the right to reject any or all bids or portions thereof, to accept a bid or portion thereof or to waive any minor irregularity.
Bidders and Contractor shall be licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code Section 7000 et seq., known as the Contractors' License Law. The license classification required for this project is A or C12.
DAWN G. ABRAHAMSON
City Clerk
Dated:September 3, 2025
CITY OF VALLEJO 110 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
INSTRUCTIONS TO BIDDERS
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE &
REHABILITATION MEASURE P PROJECT
PROJECT NO. MP2025
1) All portions of the Proposal Form must be completed before the bid is submitted.
Failure to complete the Proposal Form may result in the bid being rejected as non-responsive. Attached to and submitted with the Proposal Form, Bidder must provide the completed:
(a) Contractor Qualifications,
(b) Designation of Subcontractors,
(c) Non-Collusion Affidavit for Contractors or Subcontractor, (d) Non-Discrimination Clause,
(e) Contractor Qualification Questionnaire,
(f) The appropriate bid security.
Failure to submit all required documents may result in the bid being rejected as nonresponsive. 2) An original of the Bid Proposal shall be filled in and submitted as the bid. 3) Sealed bids shall be addressed to:
Dawn G. Abrahamson, City Clerk
555 Santa Clara Street
P.O. Box 3068
Vallejo, California 94590
4) Written questions will be the only questions that receive an official response from the City. Written questions may be submitted by E-mail to the Project Manager: [email protected]
Bidders are advised that oral or written communication from the City not in the form of an official addendum does not alter the Contract Documents. 5) The deadline for submission of bid questions is 5:00 P.M. (Pacific Time) on September 14, 2025. Any questions received after this time will not be responded to.
6) Pre-bid conference: None.
CITY OF VALLEJO 111 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
7) Following the public opening of bids, the City may request in writing that the apparent low Bidder complete the Contractor Qualification Questionnaire on t h e City’s form and furnish all required supporting documentation to enable the City to determine whether the apparent low Bidder is responsible and/or qualified to perform the work described in the Contract Documents. By submission of a bid, Bidder agrees to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, all in strict conformance with the requirements of the Contract Documents and Contractor Qualification, and return to the City within five (5) days of City's written request. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, and return it to the City within five (5) days of City's written request, Bidder will not be considered for award of the Contract, and further; Bidder agrees that the City may award the Contract to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all the City's costs, damages, expenses, and liabilities. 8) If for any reason the City elects to not award the Contract to the apparent low Bidder, the City may request in writing that the apparent second lowest Bidder complete the Contractor Qualification Questionnaire and furnish all required supporting documentation as required by the preceding paragraph, to enable the City to determine whether the second low Bidder is qualified to perform the work described in the Contract Documents. If for any reason the City elects to not award the Contract to the apparent second lowest Bidder, the City may request the third lowest Bidder complete the Contractor Qualification Questionnaire and furnish all required supporting documentation, and so on. 9) If the City receives from a Bidder within the time set forth in these Contract Documents, a complete Contractor Qualification Questionnaire and all required supporting documentation as required by the Contract Documents, and if the City determines that a Bidder is not qualified to perform the work required by the Contract Documents, and if the City elects to not award the Contract to that Bidder, the City will promptly return that Bidder's bid security. 10) Bid Protests - Only Bidders may protest bids. All bid protests must be submitted in writing along with a non-refundable $2,500.00 bid protest fee. a) All bid protests must be addressed to: Public Works Director, Public Works Department, City of Vallejo, 555 Santa Clara Street, P. O. Box 3068, Vallejo, CA 94590 re: STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT, PROJECT NO. MP2025, and received by said Director along with the non-refundable bid protest fee by the Bid Protest Deadline. The bid protest submitted to the Director shall include one original and two complete copies.
The original bid protest and two complete copies shall be transmitted to the Director via certified mail, return receipt, or hand delivery.
CITY OF VALLEJO 112 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
b) The Bid Protest Deadline shall be the earlier of any of the following that may apply:
(i) If the bid protest is based on the responsiveness of a particular bid or the responsibility of a particular Bidder, the Bid Protest Deadline is 5:00 p.m. on the 4th business day after the bid opening.
(ii) If the bid protest is based on the City's determination that a bid is not responsive or a Bidder is not responsible, then the affected Bidder's Bid Protest Deadline is 5:00 p.m. on the 4th business day after the date of the City's notice to the affected Bidder.
c) Additionally, the following shall apply to all bid protests:
(i) The written bid protest must state all facts and each legal basis for the protest.
(ii) The written bid protest must specifically identify each portion of each document that forms the basis for the protest and include a copy of each document.
(iii) The protest must include the name, address and telephone number of the person representing the protesting party.
(iv) Before the Bid Protest Deadline, the Bidder protesting a bid shall transmit to all other parties having a potential interest that may be adversely affected by the outcome of the protest, a complete copy of the bid protest and all supporting documents, including but not limited to, all other Bidders who may have a reasonable prospect of losing or obtaining an award of the Contract depending on the outcome of the protest.
(v) The procedures and time limits set forth in this section for Bid Protests are strictly construed and are the protesting Bidder's sole and exclusive remedy in the event of a bid protest. Protesting Bidders' failure to strictly comply with these procedures and time limits shall constitute a waiver of any right to further pursue the bid protest, including but not limited to, the filing of a Government Code Claim or legal proceedings.
(vi) A Bidder may not rely on a bid protest submitted by another Bidder but must timely pursue its own bid protest.
11) Liquidated damages that may be assessed by City of Vallejo for late completion is $1,500 for each calendar day delay.
12) In addition to the Designation of Subcontractors form that must be submitted with each Bidder’s proposal, within twenty-four (24) hours of the bid opening, the apparent low Bidder shall furnish the City, in writing, for all subcontractors who will
CITY OF VALLEJO 113 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
perform work on the work of improvement, the subcontractor’s: name, address, telephone number, facsimile number, email address, California contractor’s license number, DIR registration number, the bid item of work to be performed, MBE status, WBE status, and the dollar amount of subcontractor’s work. This supplemental information must be furnished to:
Robert Pizarro - Project Manager at: [email protected] 13) Terms used in the Instructions to Bidders have the same meanings indicated in the General Conditions and Supplementary Conditions.
14) The City of Vallejo desires wherever possible to hire qualified City of Vallejo residents to work on City projects. Contractors, subcontractors, consultants, and developers will, wherever possible, solicit proposals from qualified local firms and will, wherever possible, employ qualified local residents to work on City projects.
City of Vallejo Municipal Code Section 3.20.230 states in part:
“In bidding for, or letting contracts for purchase of materials, equipment, services and public works projects, whether by formal bid, by open market procedure pursuant to Section 3.20.100 of this code or, by competitive proposal pursuant to Section
3.20.110 of this code, the purchasing agent shall give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed five percent of the local business' total bid price if the cost differential does not exceed ten thousand dollars for purchases in amounts of ten thousand dollars or more.”
15) With regards to the ALTERNATIVE BID ITEMS:
The Alternate Bid Items listed on the following pages identify potential changes in the Work under consideration for this Contract. The Owner reserves the right to accept any or all of the listed Alternates, regardless of the order of their listing.
For each of the Alternates listed, state the unit price if the individual Alternate is selected for inclusion in the Contract scope. Amount shown shall include all costs to perform the Work; no extras will be permitted for failure to include, but not limited to, such items as: extra permits, overtime, weather protection, materials, labor, supervision, general conditions, overhead, and profit for general contractor and/or subcontractors, shoring, and other related items.
Alternates may be accepted by Owner after initial award. Contractor shall hold prices stated below for possible incorporation into the Project at a later date during construction as determined by the Owner. Alternate Work must be accepted in writing by the Owner prior to beginning any Work
END OF INSTRUCTIONS TO BIDDERS
CITY OF VALLEJO 114 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PROPOSAL FORM
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE &
REHABILITATION MEASURE P PROJECT
PROJECT NO. MP2025
TO: The Honorable Mayor and City Council
City of Vallejo
Vallejo, California 94590
Name of Bidder:
Business Address:
Place of Residence:
Any person or entity submitting a bid on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code.
Contractor’s License No.: Expiration Date:
Contractor’s Classification
Name of Contractor’s License:
DIR Registration No.: Expiration Date:
City of Vallejo Business License No.:
Business Address:
Phone: Fax:
E-mail:
Place of Residence:
Telephone No.
CITY OF VALLEJO 115 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
The work to be done consists of:
In general, the work includes the pavement maintenance of existing improvements within various streets of the City of Vallejo. The work includes, but is not limited to the following:
Pavement maintenance of existing roadway improvements including cold planing existing asphalt; installing pavement reinforcing fabric; pavement overlays of various thicknesses; localized repairs; adjusting utility covers if needed; removing and installing ADA compliant curb ramps; removing and replacing pavement striping, markings and markers; traffic control; and all appurtenant work required to complete the project in accordance with the city-approved plans, specifications and associated contract documents.
The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the appended proposed form of Contract, and the plans therein referred to, and all of the Contract Documents; and he/she proposes and agrees if this proposal is accepted, that he/she will contract with the City of Vallejo, in the form of the copy of the contract appended hereto, to provide all necessary labor, materials, machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore the following item prices, to wit:
NOTE: The quantities following are approximate only and will be used as a basis for the comparison of bids.
An (s) listed after a Bid Sheet Description of Item, if any, indicates items that are considered "Specialty Items" as defined in Section 8-1.01 of the General Provisions.
END OF PROPOSAL FORM
CITY OF VALLEJO 116 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
BID PROPOSAL
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE &
REHABILITATION MEASURE P PROJECT
PROJECT NO. MP2025
CONTRACTOR NAME:
Base Bid (G St, Western Tennessee St, Eastern Tennessee St, Alameda St, & Georgia St) Bid Items: _________________________________________________ NO. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
TOTAL
PRICE
(Figures) (Figures)
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Water Pollution Control LS 1
4 Adjust Existing Survey Monument to Grade EA 14
5 Adjust Existing Sewer Manhole to Grade EA 67
6 Adjust Existing Water Valve to Grade EA 135
7 Adjust Existing Gas Valve Box Frame and
Cover to Grade
EA 10
8 Adjust Existing Utility Frame to Grade EA 60
9 Adjust Existing Electrical Vault Frame &
Cover to Grade
EA 10
10 Adjust Existing Storm Drain Inlet to Grade EA 1
11 Remove and Replace Detector Handhole
per Caltrans Std Plan ES-5D
EA 36
12 Install Type GO Curb Inlet EA 1
13 Install Type B Drain Inlet EA 2
14 Install 12" SDR 26 PVC Storm Drain Pipe
and Fittings
LF 17
15 Install Sidewalk Cross Drain LF 18
16 Install 18" Trench Drain LF 9
17 Thermoplastic 12" White Limit Line Per Std
Plan A24G
LF 663
18 Thermoplastic 24" White Limit Line Per Std
Plan A24G
LF 86
CITY OF VALLEJO 117 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
19 Yellow Thermoplastic Stripe Per Detail 2 Std
Plan A20A
LF 707
20 White Thermoplastic Stripe Per Detail 9 Std
Plan A20A
LF 17,726
21 Yellow Thermoplastic Stripe Per Detail 22
Std Plan A20A
LF 10,547
22 Type I Arrow Marking: Std Plan A24A SF 50
23 Type IV (L) Arrow Marking: Std Plan A24A SF 510
24 Type IV (R) Arrow Marking: Std Plan A24A SF 75
25 Type VI Arrow Marking: Std Plan A24A SF 336
26 Type VII (R) Arrow Marking: Std Plan A24A SF 27
27 White Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 5,597
28 Yellow Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 1,885
29 White Thermoplastic Ladder Crosswalk
(Varied Width Walk with 1' Wide Bars
Spaced at 4' O.C.) : Std Plan A24F
LF 381
30 Yellow Thermoplastic Ladder Crosswalk
(Varied Width Walk with 1' Wide Bars
Spaced at 4' O.C.) : Std Plan A24F
LF 3,520
31 White Thermoplastic YIELD marking: Std
Plan A24D
SF 24
32 White Thermoplastic STOP marking: Std
Plan A24D
SF 1,078
33 White Thermoplastic RailRoad Xing
marking: Std Plan A24B
SF 140
34 White Thermoplastic KEEP marking: Std
Plan A24E
SF 24
35 White Thermoplastic CLEAR marking: Std
Plan A24E
SF 27
36 White Thermoplastic PED & XING marking:
Std Plan A24D
SF 468
37 White Thermoplastic AHEAD marking: Std
Plan A24D
SF 186
38 Yellow Thermoplastic SLOW SCHOOL
XING marking: Std Plan A24D
SF 2,054
39 White Thermoplastic 25 marking: Std Plan
A24C
SF 70
40 Yellow Thermoplastic Edge Line per Detail
25 :Std Plan A20B
LF 1,790
41 Thermoplastic Stripe per Detail 27B :Std
Plan A20B
LF 5,089
42 White Thermoplastic Channelizing Line per
Detail 38 on Std Plan A20D
LF 1,168
43 Yellow Thermoplastic Stripe per Detail 41 on
Std Plan A20D
LF 52
CITY OF VALLEJO 118 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
44 White Thermoplastic 8" Chevron Striping LF 179
45 Remove Existing Crosswalk Striping LF 109
46 Painted Curb Markings LF 1,960
47 Remove and Replace Concrete Curb and
Gutter
LF 841
48 Remove and Replace Minor Concrete CY 42
49 Cold Plane Asphalt Concrete, 2" Grind SY 27,989
50 Hot Mix Asphalt Road Section TON 9,905
51 AC Depression Fill TON 163
52 8' Wedge Grind LF 24,002
53 Crack Sealing (Estimated 89,900 SY) LS 1
54 Dig Out Repairs SF 6,251
55 Remove and Replace Loop Detector Type
"A" per Std Plan ES-5B
EA 144
56 Remove and Replace Loop Detector Type
"E" per Std Plan ES-5B
EA 21
57 Remove and Replace Loop Detector Type
"Q" per Std Plan ES-5B
EA 76
58 Remove and Replace Loop Detector Type
"C" per Std Plan ES-5B
LF 46
59 Remove and Replace Loop Detector Type
"E Modified" per City Std Detail 7-19
EA 5
60 Plug Paving TON 545
CITY OF VALLEJO 119 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
61 Class II Base CY 439
62 Remove and Replace Curb Ramps SF 16,836
63 Remove and Replace Concrete Sidewalk SF 4,979
64 Install Single Direction Pedestrian Push
Button (PPB)
EA 3
65 Install Dual Direction Pedestrian Push
Button (PPB)
EA 12
66 Remove Existing PPB, Pole and Foundation EA 12
67 Remove Existing PPB from Existing Street
Light Pole
EA 3
68 Install Fire Hydrant & 6" Lateral LS 1
Base Bid Items Total:
THE BASIS OF DETERMINING THE LOWEST BID SHALL BE THE LOWEST TOTAL OF THE BASE BID.
BID SUMMARY
Base Bid: $
(IN FIGURES)
$
(IN WORDS)
CITY OF VALLEJO 120 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Alternative 1 (Nebraska Street)
Bid Items: ____
NO. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
TOTAL
PRICE
(Figures) (Figures)
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Water Pollution Control LS 1
4 Adjust Existing Sewer Manhole to Grade EA 14
5 Adjust Existing Water Valve to Grade EA 18
6 Adjust Existing Gas Valve Box Frame and
Cover to Grade
EA 6
7 Adjust Existing Utility Frame to Grade EA 7
8 Remove and Replace Detector Handhole
per Caltrans Std Plan ES-5D
EA 2
9 Thermoplastic 12" White Limit Line Per Std
Plan A24G
LF 85
10 Yellow Thermoplastic Stripe Per Detail 2 Std
Plan A20A
LF 1,336
11 White Thermoplastic Stripe Per Detail 9 Std
Plan A20A
LF 61
12 Yellow Thermoplastic Stripe Per Detail 22
Std Plan A20A
LF 189
13 Type IV (L) Arrow Marking: Std Plan A24A SF 30
14 White Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 70
15 Yellow Thermoplastic Ladder Crosswalk
(Varied Width Walk with 1' Wide Bars
Spaced at 4' O.C.) : Std Plan A24F
LF 959
16 White Thermoplastic STOP marking: Std
Plan A24D
SF 88
17 White Thermoplastic Channelizing Line per
Detail 38 on Std Plan A20D
LF 39
18 Painted Curb Markings LF 240
19 Remove and Replace Concrete Curb and
Gutter
LF 101
20 Hot Mix Asphalt Road Section TON 834
21 AC Depression Fill TON 14
22 8' Wedge Grind LF 3,892
CITY OF VALLEJO 121 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
23 Crack Sealing (Estimated 7,700 SY) LS 1
24 Dig Out Repairs SF 32
25 Remove and Replace Loop Detector Type
"A" per Std Plan ES-5B
EA 3
26 Remove and Replace Loop Detector Type
"E" per Std Plan ES-5B
EA 6
27 Remove and Replace Loop Detector Type
"Q" per Std Plan ES-5B
EA 9
28 Remove and Replace Loop Detector Type
"D" per Std Plan ES-5B
EA 2
29 Plug Paving TON 68
30 Class II Base CY 43
31 Remove and Replace Curb Ramps SF 2,195
32 Remove and Replace Concrete Sidewalk SF 588
33 Install Dual Direction Pedestrian Push
Button (PPB)
EA 1
34 Remove Existing PPB from Existing Street
Light Pole
EA 2
Alternative 1 Items Total:
ALTERNATIVE 1 BID SUMMARY
Alternative 1 Bid: $
(IN FIGURES)
$
(IN WORDS)
CITY OF VALLEJO 122 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Alternative 2 (Fairgrounds Drive)
Bid Items: ____
NO. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
TOTAL
PRICE
(Figures) (Figures)
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Water Pollution Control LS 1
4 Adjust Existing Survey Monument to Grade EA 7
5 Adjust Existing Sewer Manhole to Grade EA 4
6 Adjust Existing Water Valve to Grade EA 11
7 Adjust Existing Gas Valve Box Frame and
Cover to Grade
EA 1
8 Remove and Replace Detector Handhole
per Caltrans Std Plan ES-5D
EA 2
9 Electrical Vault Frame & Cover to be
Adjusted to Grade by Others. Coordination
with PG&E required.
EA 1
10 Thermoplastic 12" White Limit Line Per Std
Plan A24G
LF 21
11 Yellow Thermoplastic Stripe Per Detail 22
Std Plan A20A
LF 1,698
12 Type I Arrow Marking: Std Plan A24A SF 50
13 Type IV (L) Arrow Marking: Std Plan A24A SF 420
14 Type IV (R) Arrow Marking: Std Plan A24A SF 60
15 Bike Lane Arrow Marking: Std Plan A24A SF 14
16 Type III (L) Arrow Marking: Std Plan A24B SF 84
17 White Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 677
18 White Thermoplastic STOP marking: Std
Plan A24D
SF 22
19 White Thermoplastic Shared Roadway
Bicycle Marking: Std Plan A24C
SF 219
20 White Thermoplastic LANE marking: Std
Plan A24D
SF 24
21 White Thermoplastic BIKE marking: Std
Plan A24D
SF 20
CITY OF VALLEJO 123 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
22 Thermoplastic Stripe per Detail 27B :Std
Plan A20B
LF 33
23 Yellow Thermoplastic Two Way Left Turn
per Detail 32 :Std Plan A20B
LF 1,437
24 White Thermoplastic Channelizing Line per
Detail 38 on Std Plan A20D
LF 588
25 White Thermoplastic Stripe per Detail 39 on
Std Plan A20D
LF 1,020
26 White Thermoplastic Stripe per Detail 39A
on Std Plan A20D
LF 200
27 Install Roadside Sign on Existing Pole EA 1
28 Painted Curb Markings LF 140
29 Remove and Replace Concrete Curb and
Gutter
LF 52
30 Hot Mix Asphalt Road Section TON 1,463
31 AC Depression Fill TON 24
32 8' Wedge Grind LF 6,194
33 Crack Sealing (Estimated 13,500 SY) LS 1
34 Dig Out Repairs SF 60
35 Remove and Replace Loop Detector Type
"A" per Std Plan ES-5B
EA 29
36 Remove and Replace Loop Detector Type
"D" per Std Plan ES-5B
EA 3
37 Plug Paving TON 23
38 Class II Base CY 24
39 Remove and Replace Curb Ramps SF 1,299
40 Remove and Replace Concrete Sidewalk SF 199
CITY OF VALLEJO 124 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Alternative 2 Items Total:
ALTERNATIVE 2 BID SUMMARY
Alternative 2 Bid: $
(IN FIGURES)
$
(IN WORDS)
Alternative 3 (Solano Avenue)
Bid Items: ____
NO. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
TOTAL
PRICE
(Figures) (Figures)
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Water Pollution Control LS 1
4 Adjust Existing Sewer Manhole to Grade EA 31
5 Adjust Existing Water Valve to Grade EA 14
6 Adjust Existing Gas Valve Box Frame and
Cover to Grade
EA 1
7 Adjust Existing Utility Frame to Grade EA 7
8 Remove and Replace Detector Handhole
per Caltrans Std Plan ES-5D
EA 3
9 Thermoplastic 12" White Limit Line Per Std
Plan A24G
LF 192
10 Thermoplastic 24" White Limit Line Per Std
Plan A24G
LF 53
11 White Thermoplastic Stripe Per Detail 9 Std
Plan A20A
LF 654
12 Yellow Thermoplastic Stripe Per Detail 22
Std Plan A20A
LF 2,103
13 Type I Arrow Marking: Std Plan A24A SF 125
14 Type IV (L) Arrow Marking: Std Plan A24A SF 105
15 Type IV (R) Arrow Marking: Std Plan A24A SF 60
16 Type VI Arrow Marking: Std Plan A24A SF 84
CITY OF VALLEJO 125 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
17 Type VII (R) Arrow Marking: Std Plan A24A SF 270
18 Type VII (L) Arrow Marking: Std Plan A24A SF 108
19 Type VIII Arrow Marking: Std Plan A24A SF 36
20 White Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 1,437
21 White Thermoplastic YIELD marking: Std
Plan A24D
SF 48
22 White Thermoplastic STOP marking: Std
Plan A24D
SF 110
23 White Thermoplastic RailRoad Xing
marking: Std Plan A24B
SF 140
24 White Thermoplastic PED & XING marking:
Std Plan A24D
SF 117
25 White Thermoplastic 4" Diagonal Line LF 271
26 Yellow Thermoplastic Edge Line per Detail
25 :Std Plan A20B
LF 212
27 Thermoplastic Stripe per Detail 27B :Std
Plan A20B
LF 2,764
28 White Thermoplastic Channelizing Line per
Detail 38 on Std Plan A20D
LF 567
29 White Thermoplastic Stripe per Detail 40 on
Std Plan A20D
LF 405
30 White Thermoplastic 12" Diagonal
Crosshatch Marking per CA MUTCD
Section 3B.24
LF 362
31 Painted Curb Markings LF 220
32 Remove and Replace Concrete Curb and
Gutter
LF 378
33 Remove and Replace Minor Concrete CY 7
34 Hot Mix Asphalt Road Section TON 1,553
35 AC Depression Fill TON 26
36 8' Wedge Grind LF 5,558
37 Crack Sealing (Estimated 14,300 SY) LS 1
38 Remove and Replace Loop Detector Type
"A" per Std Plan ES-5B
EA 40
CITY OF VALLEJO 126 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
39 Remove and Replace Loop Detector Type
"Q" per Std Plan ES-5B
EA 11
40 Plug Paving TON 158
41 Class II Base CY 104
42 Remove and Replace Curb Ramps SF 4,031
43 Remove and Replace Concrete Sidewalk SF 1,624
44 Install Single Direction Pedestrian Push
Button (PPB)
EA 3
45 Install Dual Direction Pedestrian Push
Button (PPB)
EA 1
46 Remove Existing PPB from Existing Street
Light Pole
EA 5
Alternative 3 Items Total:
ALTERNATIVE 3 BID SUMMARY
Alternative 3 Bid: $
(IN FIGURES)
$
(IN WORDS)
CITY OF VALLEJO 127 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Alternative 4 (Redwood Street)
Bid Items: ____
NO. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE
TOTAL
PRICE
(Figures) (Figures)
1 Mobilization LS 1
2 Temporary Traffic Control LS 1
3 Water Pollution Control LS 1
4 Adjust Existing Sewer Manhole to Grade EA 6
5 Adjust Existing Water Valve to Grade EA 7
6 Adjust Existing Utility Frame to Grade EA 1
7 Remove and Replace Detector Handhole
per Caltrans Std Plan ES-5D
EA 7
8 Thermoplastic 24" White Limit Line Per Std
Plan A24G
LF 216
9 White Thermoplastic Stripe Per Detail 9 Std
Plan A20A
LF 2,816
10 Yellow Thermoplastic Stripe Per Detail 22
Std Plan A20A
LF 722
11 Type I Arrow Marking: Std Plan A24A SF 200
12 Type IV (L) Arrow Marking: Std Plan A24A SF 120
13 Type VII (R) Arrow Marking: Std Plan A24A SF 216
14 White Thermoplastic Crosswalk 12" Stripe:
Std Plan A24F
LF 824
15 White Thermoplastic RailRoad Xing
marking: Std Plan A24B
SF 420
16 White Thermoplastic KEEP marking: Std
Plan A24E
SF 48
17 White Thermoplastic CLEAR marking: Std
Plan A24E
SF 54
18 Yellow Thermoplastic Edge Line per Detail
25 :Std Plan A20B
LF 366
19 Yellow Thermoplastic Two Way Left Turn
per Detail 32 :Std Plan A20B
LF 830
20 White Thermoplastic Channelizing Line per
Detail 38 on Std Plan A20D
LF 346
21 Painted Curb Markings LF 120
22 Hot Mix Asphalt Road Section TON 1,125
23 AC Depression Fill TON 19
CITY OF VALLEJO 128 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
24 8' Wedge Grind LF 3,328
25 Crack Sealing (Estimated 10,400 SY) LS 1
26 Dig Out Repairs SF 400
27 Remove and Replace Loop Detector Type
"A" per Std Plan ES-5B
EA 34
28 Remove and Replace Loop Detector Type
"E" per Std Plan ES-5B
EA 2
29 Remove and Replace Loop Detector Type
"Q" per Std Plan ES-5B
EA 15
30 Plug Paving TON 2
31 Class II Base CY 3
32 Remove and Replace Curb Ramps SF 250
Alternative 4 Items Total:
ALTERNATIVE 4 BID SUMMARY
Alternative 4 Bid: $
(IN FIGURES)
$
(IN WORDS)
BIDDER’S SIGNATURE:
The Contract, if it is awarded, shall be awarded to the Contractor submitting the lowest Total
CITY OF VALLEJO 129 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Base Bid that complies with these Contract Documents.
The determination for the lowest total bid shall be the comparison of all bids received for the Base Bid.
In case of discrepancy between the Unit Prices and the Total Price for a bid item, the Unit Price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a Unit Price for a said item is not readable or otherwise not clear, or is omitted, or is the same amount as the entry in the Total Amount column, then the amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for said item and the price thus obtained shall be the Unit Price amount.
(b) (Decimal Errors) If the total of the entered Unit Price multiplied by the given Estimated Quantity is exactly off by a decimal factor (i.e., ten, one hundred, etc. or, one-tenth, one-hundredth, etc.) from the entered Total Amount, the discrepancy will be resolved by using the entered Unit Price or entered Total Amount, whichever most closely approximates (by percentage) the Unit Price or Total Amount in the City -Engineer's Cost Estimate.
(c) In order for a bid to be valid, all aspects of the Bid Proposal must be filled out completely. An incomplete Bid Proposal may be grounds for a bid to be rejected.
The Bidder agrees that if the Bidder is selected as the apparent lowest responsive and responsible Bidder, and the Bidder fails to sign the Contract and furnish the Performance Bond, the Payment Bond, certificates of insurance, and other required items within the time limit specified in the Contract Documents, the City of Vallejo may award the work to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all of the City’s costs, damages, expenses and liabilities arising from Bidder's failure to sign the Contract and/or furnish the required documents.
Bidder declares that he/she/it has not accepted any bid from any subcontractor or vendor through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the Bidder from considering any bid from any subcontractor which is not processed through said bid depository or which prevent any subcontractor or vendor from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
ACCOMPANYING THIS PROPOSAL is ____________________ (in an amount of ten percent (10%) of the total bid)
NOTICE: Insert the words CASH ($____________________________), CASHIER'S CHECK, BIDDER'S BOND, or CERTIFIED CHECK, as the case may be.
THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING PROPOSAL AS PRINCIPALS ARE AS FOLLOWS:
CITY OF VALLEJO 130 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
IF THE BIDDER OR OTHER INTERESTED PERSON is a corporation, state the legal name of the corporation and state where incorporated, and the names of the President, Secretary, Treasurer, and Manager thereof. If a co-partnership, state the true name of the firm and the names of all individual copartners composing the firm. If Bidder or other interested person is an individual, state first and last names in full.
BIDDER’S BID IS BASED ON and includes the following Addenda issued: (Bidder must list all addenda issued by City, below, or Bidder’s bid may be rejected by the City as nonresponsive).
LICENSED IN ACCORDANCE WITH THE CONTRACTORS' LICENSE LAW OF THE STATE OF CALIFORNIA (BUSINESS AND PROFESSIONS CODE) SECTION 7000 et seq.
PROVIDING FOR THE REGISTRATION OF CONTRACTORS,
License No.:
Sign Here:
(Printed name of Bidder)
Date:
NOTE: If the Bidder is a corporation or a co-partnership, the legal name of the firm shall be set forth above, together with the signature of the officer or partner authorized to sign contracts for the firm.
END OF BID PROPOSAL
CITY OF VALLEJO 131 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO PUBLIC WORKS
BIDDER'S BOND FORM
Bonding Company Name: ___________________________________________________ Bonding Company Address: _________________________________________________
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we ______________________, as Principal, and _________________________________________, as Surety, are held and firmly bound unto the City of Vallejo, as Obligee, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal ($____________) for the payment of which sum we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that WHEREAS the Principal has submitted the above-mentioned bid to the City of Vallejo, for the work specifically described in:
Project Name: STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION
MEASURE P PROJECT
Project Number: MP2025
and to which reference is hereby made for all particulars.
NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal within the time specified in the Contract Documents and the Principal shall enter into a Contract with the Obligee in accordance with the terms of said Bid and give bonds with surety acceptable to the Obligee for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, then this obligation shall be null and void; otherwise to remain in full force and effect.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit including a reasonable attorneys’ fee to be fixed by the court.
WITNESS our hands this __________________ day of _______________, 20_____. (Principal)
(Signature and Title)
(Surety)
(Signature and Title)
SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgement)
END OF BIDDER’S BOND
CITY OF VALLEJO 132 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CONTRACTOR QUALIFICATIONS
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
This form must be completed, signed by Bidder, and submitted to City of Vallejo with Bidder’s bid. Failure to complete, sign and submit this form with Bidder’s bid may result in Bidder’s bid being rejected as not responsive. City has determined that Bidders must meet the following minimum qualifications to bid the work of improvement contemplated herein:
1. Have possessed a valid, active and in good standing, State of California Department of Consumer Affairs, Contractor’s License Board Classification A, for a minimum of five (5) continuous years prior to the date of bid opening.
2. Not have any pending disciplinary proceedings or investigations by the Contractors State License Board. 3. Have completed to the public owner’s satisfaction, no less than two (2) public works projects in the State of California, each with an original contract price of no less than $3,000,000 within the past five years prior to the date of bid opening.
4. Currently (as of the date of bid opening) or within the past five years, not have had any suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting Bidder from bidding or performing other public works for any other public agency.
I, being the ______________________________ of Bidder herein, declare that Bidder meets all of the minimum criteria set forth above, and furthermore certify that at the time the bid is submitted, the Bidder is not identified on a list created pursuant to subdivision (b) of California Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5, as applicable. (Signature)(Print Name)(Date)
END OF CONTRACTOR QUALIFICATIONS
CITY OF VALLEJO 133 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
DESIGNATION OF SUBCONTRACTORS
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
In compliance with the provisions of Section 4100 through 4114, inclusive, of the Public Contract Code, and any amendments thereto, each Bidder shall set forth in his or her bid, the name, California Contractors’ State License Board contractor’s license number, California DIR registration number and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed plans contained in the plans and specifications, in an amount in excess of one-half of 1 percent (0.5%)of the prime contractor's total bid, or ten thousand ($10,000) whichever is greater, and the dollar amount of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.
Prime Contractor Self Perform requirement is MINIMUM 50% (exclusive of specialty items). The Engineer may use the Designation of Subcontractors form to determine the percentage of Contract work amount performed by the Contractor.
SUBCONTRACTOR NAME LICENSE NUMBER DIR REGISTRATION
NUMBER
LOCATION OF
BUSINESS
DESCRIPTION OF SUBCONTRACTED
WORK
NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100-4113 of the California Public Contract Code. If
CITY OF VALLEJO 134 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
this form is incomplete or inaccurate, your bid may be rejected.
DESIGNATION OF SUBCONTRACTORS
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
SUBCONTRACTOR NAME LICENSE NUMBER DIR REGISTRATION
NUMBER
LOCATION OF
BUSINESS
DESCRIPTION OF SUBCONTRACTED
WORK
CITY OF VALLEJO 135 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100 4113 of the California Public Contract Code. Ifthis form is incomplete or inaccurate, your bid may be rejected.
END OF DESIGNATION OF SUBCONTRACTORS
CITY OF VALLEJO 136 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
NONCOLLUSION AFFIDAVIT
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
(TO BE SIGNED BY BIDDER AND SUBMITTED WITH BID)
Pursuant to Section 7106 of the Public Contract Code, the undersigned declares:
I am the _______________________________ of _______________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________(date), at ____________ (City), _____________ (State).
(Signature)
END OF NONCOLLUSION AFFIDAVIT
CITY OF VALLEJO 137 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
NONDISCRIMINATION CLAUSE
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
Contractor shall refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation of any employee of, or applicant for employment with, Contractor.
Contractor further agrees as follows:
(a) That the Contractor shall not because of the race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ any person, or to bar or discharge any person from employment, or to discriminate against any person in compensation, or in the terms, conditions, or privileges of employment, and every employee shall receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions, or other privileges of employment without regard to his race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation.
(b) That the Contractor shall post in conspicuous places where they may be seen by every employee or applicant for employment notices, in such form as shall be prescribed by the City Manager, the provisions set forth above.
(c) That the Contractor shall in all solicitations or advertisements for employment applications include in such solicitation or advertisement language which will reasonably convey notice that every qualified applicant will receive consideration for employment without regard to his race religious creed, color, sex, national origin, or ancestry, disability, medical condition, age, marital status or sexual orientation.
(d) That the Contractor shall give written notice, in such form as shall be prescribed by the City Manager, of the Contractor's commitments under this contract to any labor union or employee association with which the Contractor has a collective bargaining contract, or other employer - employee labor agreement or understanding." Contractor shall include the provisions of this Nondiscrimination Clause in every subcontract, including subcontracts for the provision of materials or equipment.
By submitting a bid, the Contractor agrees to comply with all the non-discrimination provisions contained in the Vallejo Municipal Code.
Bidder’s Signature Date
END OF NONDISCRIMINATION CLAUSE
CITY OF VALLEJO 138 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CONTRACT
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE &
REHABILITATION MEASURE P PROJECT
PROJECT NO. MP2025
THIS CONTRACT (“Contract”) made and entered into this ____day of ____ 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and ______________________, hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and
WHEREAS, Contractor was the lowest responsive and responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsive and responsible bidder for the work and award a contract, therefore.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
4. SCOPE OF WORK
The work to be done, in general terms, consists of:
Furnishing all labor, materials, equipment, incidentals and services for the construction and completion of the CITY OF VALLEJO STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT. The work includes but is not limited to:
Pavement maintenance of existing roadway improvements including cold planing existing asphalt, installing pavement reinforcing fabric, pavement overlays of various thicknesses and localized repairs.
Developing and implementing a water pollution program. Implementing temporary traffic control for street closures and detours.
CITY OF VALLEJO 139 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Adjusting utility covers to grade if needed.
Removing and replacing pavement striping, markings and markers. Removing and installing ADA compliant curb ramps (various cases) The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the Plans and as provided for and set forth in said Plans, Specifications, and any addenda that were issued prior to the date of bid, which said Plans and Specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.
The following documents shall constitute the Contract Documents:
(i) This Contract:
(ix) Exhibit A – Scope of Work;
(x) Exhibit B – Compensation;
(xi) Exhibit C – Insurance Requirements;
(xii) Exhibit D – Faithful Performance Bond;
(xiii) Exhibit E – Payment (Labor and Materials) Bond;
(xiv) Exhibit F – Prevailing Wage Requirements;
(xv) Appendix A – Project Location;
(xvi) Appendix B – Project Labor Agreement for the City of Vallejo; (j) Plans, prepared by Public Works - Engineering and entitled Plans for STREETS
OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT, signed and stamped by the City Engineer on September 3, 2025; (k) Specifications signed and stamped by the City Engineer on September 3, 2025; (l) Standard Specifications of the State of California, Department of Transportation dated 2023;
(m) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
(n) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and
(o) Any other documents identified as such in the Contract Documents.
5. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (g) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.
6. Contractor agrees to receive and accept the prices set forth in its proposal in an
CITY OF VALLEJO 140 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
amount not to exceed of DOLLARS AND CENTS as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.
By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit F. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. [SIGNATURES ARE ON THE FOLLOWING PAGE]
CITY OF VALLEJO 141 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.
CONTRACTOR CITY OF VALLEJO,
a municipal corporation
By: By:
[Signature of Authorized Agent] Andrew Murray
City Manager
Print Name: Attest:
Print Title: By:
Dawn G. Abrahamson
City Clerk
Approved as to Content:
(City Seal) By:
Oscar Alcantar
Interim Public Works Director
Approved as to Form:
By:
Veronica A. F. Nebb
City Attorney
Approved as to Insurance:
By:
Armond Sarkis
Risk Manager
END OF CONTRACT
Exhibit D
CITY OF VALLEJO 142 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
FAITHFUL PERFORMANCE BOND
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, ________________________, as Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the sum of ____________________ Dollars ($________________), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as herein above provided.
WHEREAS, that the Principal has entered into a contract with said City for the construction of:
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California. (Signatures on the following page)
CITY OF VALLEJO 143 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ___________ day of __________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person: _________________________________________________________ Name of Company: ______________________________________________________ Address:
Telephone No.: ______________________
NOTE: (1) Signatures of those executing for the Principal and Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF FAITHFUL PERFORMANCE BOND
Exhibit E
CITY OF VALLEJO 144 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PAYMENT (LABOR AND MATERIALS) BOND
for
CITY OF VALLEJO
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.
NOW, THEREFORE, we, the Principal, and _____________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the sum of _____________________________ Dollars ($_________________), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as herein provided.
The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety hereon will pay the same in an amount not exceeding the sum specified in its bond, and also, in case suit is brought upon this bond, reasonable attorneys’ fees to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications
Payment (Labor and Materials) Bond
CITY OF VALLEJO 145 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ________ day of _____________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone No.:
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF PAYMENT (LABOR AND MATERIALS) BOND
CITY OF VALLEJO 146 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CONTRACTOR QUALIFICATION QUESTIONNAIRE
for
CITY OF VALLEJO
STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT PROJECT NO. MP2025
If requested by the City, Bidder agrees to complete, sign and return this Contractor Qualification Questionnaire, including all required supporting documentation, within five (5) days of being requested by City. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, or return it to the City within five (5) days of City’s request, Bidder will not be considered for award of the contract, and further, Bidder agrees that the City of Vallejo may award the work to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all the City's costs, damages, expenses and liabilities.
Bidder shall fully and completely answer each question set forth below. If necessary, attach additional sheets. Print or type each response. If your response to any question is "no" or "none," you must state "no" or "none." "Not applicable" or other similar response will not be accepted.
1. State the full legal name of the Bidder.
2. State the nature of the Bidder's business entity. (Sole proprietorship, joint venture, partnership, corporation, or other [describe]).
3. State the name and address of each person or other legal entity, which has a legal or equitable ownership of ten percent (10%) or more of the Bidder. For each such person or legal entity, state that person or entity's ownership interest, title and responsibilities, if any.
4. Has any person or legal entity holding legal or equitable ownership of the Bidder ever been accused of a civil violation of California Government Code section 12650, et seq., (False Claims Act)? If so, describe in detail all the facts, circumstances, and the outcome.
5. Has any person or legal entity holding a legal or equitable ownership of ten percent (10%) or more of the Bidder ever been determined by a public agency to not be a responsible Bidder? If so, state the name, address, and telephone number of the public agency, including the name of the agencies' contact person.
CITY OF VALLEJO 147 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
6. State the Bidder's contractor's license number.
7. State the date Bidder first began business.
8. State any other names that Bidder has used or done business under in the past five (5) years.
9. Describe in general, Bidder's experience.
10. Has the bidder(s) ever failed to complete a construction contract?
11. Has Bidder's control over a work of improvement ever been terminated?
12. For each similar type of project that Bidder has furnished labor, services, materials or equipment in the past five years, state: the name of each project; the contract amount for each project; the name, address and telephone number of the owner and owner's representative, for each project; and a general description of the work performed by Bidder on each project.
13. For every public work of improvement upon which Bidder has furnished labor, services, materials, or equipment in the past five years, whether completed or not, for which the Bidder's original contract was greater than $1,000,000, but not more than $10,000,000, state the name, address and telephone number of the owner and principal designer (architect or engineer).
14. For every lawsuit or arbitration between Bidder and the owner of any work of improvement, limited to such lawsuits or arbitrations initiated or completed within the past five (5) years, state the name and address of the tribunal, the matter number, the parties, a general description of the nature of the dispute, and the outcome, if any.
15. Has Bidder ever been charged with a felony? If so, describe in detail all facts, circumstances, and the outcome, furnishing the name and address of the court in which the charge(s) were filed, including the matter name and case number.
CITY OF VALLEJO 148 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
16. Has anyone ever alleged that Bidder violated California Government Code section 12650, et seq., (False Claims Act)? If so, describe in detail all facts, circumstances, and the outcome.
17. Has Bidder ever been accused of presenting false claims to a public agency or public owner, as such claims are defined in California Government Code section 12650, et seq, or 31 United States Code section 3729, et seq.?
18. Has any public agency ever determined or ruled that Bidder is not a responsible Bidder? If so, state the name, address and telephone number of the public agency, including the name of the agency’s contact person.
19. Has any public agency ever issued a letter, ruling or determination debarring Bidder or anyone holding a legal or equitable interest in Bidder, from bidding public works? (This includes debarments that are simultaneously or subsequently suspended, revoked, or withdrawn.)
20. Has Bidder ever entered into an agreement with any public agency, to not bid work for that public agency?
21. Within the past seven (7) years, has Bidder ever failed to complete a public works construction project, within the time allowed by the contract, plus written agreed upon contract time extensions? If so, state the name, address, and telephone number of the owner of such public works construction project including the name of the agencies' contact person, and further, describe in detail the nature of the work of improvement.
22. Has any surety ever paid or satisfied any claim on behalf of Bidder?
23. Has any surety ever undertaken or been called upon to complete any project of Bidder?
24. For each project or work of improvement that Bidder is either (a) currently furnishing labor, services, materials, or goods, or (b) under contract to furnish labor, services, materials or goods, state: A general description of the project; the current status of the project and Bidder's work
CITY OF VALLEJO 149 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
thereon; the owner's name, address and telephone number; the amount of Bidder's contract on such project.
25. State Bidder's annual gross sales for each of the last five fiscal years.
26. If requested by City (as indicated below) attach a current financial statement. As used herein, "current financial statement" means a balance sheet and profit and loss statement prepared and presented in a format that complies with Generally Accepted Accounting Principles (GAAP), covering a period that is no less than the most recent fiscal year for Bidder. If Bidder's most recent fiscal year ended more than six (6) months prior to the date when the Contract Documents require this Contractor Qualification Questionnaire be completed and returned to City, then "current financial statement" shall also include an interim balance sheet and profit and loss statement covering the period of time from the end of Bidder's most recent fiscal year to a period of time no greater than sixty (60) days prior to the date when the Contract Documents require this Contractor Qualification Questionnaire be completed and returned to City.
CONTRACTOR MUST FURNISH: ☒ YES ☐ NO
27. The following certification must be signed by an owner, general partner, or officer of Bidder.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY
REVIEWED THE ATTACHED CONTRACTOR QUALIFICATION QUESTIONNAIRE AND
ATTACHMENTS, IF ANY, AND KNOW ITS CONTENTS, AND SAID CONTRACTOR
QUALIFICATION QUESTIONNAIRE AND ATTACHMENTS, IF ANY, ARE TRUTHFUL, COMPLETE AND ACCURATE; AND CITY OF VALLEJO MAY RELY UPON THE CONTENTS AS BEING TRUTHFUL, COMPLETE AND ACCURATE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO FALSE CLAIMS, AND
FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A
FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.
EXECUTED ON THE DATE INDICATED BELOW, AT THE LOCATION INDICATED BELOW.
Dated: Bidder
By:
(Signature)
(Name and Title)
END OF CONTRACTOR QUALIFICATION QUESTIONNAIRE
CITY OF VALLEJO 150 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
CITY OF VALLEJO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
CONTRACT CHANGE ORDER NO.: DATE:
TO:
PROJECT: STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION
MEASURE P PROJECT
FROM: CITY OF VALLEJO
This change order modifies and amends the provisions of that certain Contract dated ___________________ by and between the City and _________________________ (“Contractor”).
REFERENCE: Contract drawings, Sheet No.
or other drawings attached
Contractor is hereby directed to make the following changes to the Work:
By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under-absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.
ADJUSTMENT OF CONTRACT TIME OF
COMPLETION:
AGREED PRICE:
FORCE ACCOUNT:
CITY OF VALLEJO 151 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
BASE CONTRACT PRICE:
PREVIOUS CONTRACT CHANGE ORDER:
NEW ADJUSTED CONTRACT PRICE:
EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.
RECOMMENDED:
NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
ACCEPTED AND AGREED:
Contractor: Date:
(Name and Title)
City: Date:
(City Engineer)
END OF CONTRACT CHANGE ORDER
CITY OF VALLEJO 152 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
The work embraced herein shall be done in accordance with the Standard Specifications dated 2023 and Standard Plans dated 2023, issued by the State of California Department of Transportation and the most recent edition of the Standard Plans of the City of Vallejo, insofar as the same may apply and in accordance with the Project Plans and these Special Provisions and the Technical Specifications.
These Special Provisions are additions, modifications, and/or clarifications to the State Standard Specifications. The numbers shown in parentheses in the sections and subsections headings refer to the Caltrans Standard Specifications.
Refer to Section 5-1.04 of these Special Provisions for the order of precedence of the above referenced contract documents in case of any conflict.
CITY OF VALLEJO 153 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 1: DEFINITIONS AND TERMS
1-1.01 GENERAL
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.
1-1.02 ABBREVIATIONS
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
1-1.02A UNITS OF MEASUREMENT
These General Provisions contain units in two systems of measurement: units shown in the International System of Units (SI or "metric") and units in the United States Standard Measures are shown in braces "{}". The Department does not warrant the accuracy of the units shown in United States Standard Measures, and any use of United States Standard Measures is at the sole risk of those agencies and others that specify United States Standard Measures units in their contracts. The measurements expressed in the two systems are not necessarily equal, and items constructed or fabricated in one system are not necessarily interchangeable with items constructed or fabricated in the other system. The project Special Provisions designate the system of units that will apply to contracts referencing these Standard Specifications.
Some of the symbols for metric units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows. The symbols for other units of measurement used in the Specifications are as defined in ASTM Designation: E-380, or in the various Specifications
CITY OF VALLEJO 154 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
and test referenced in the Specifications.
Symbols as used in the
Specifications
Symbols as used in the
Engineer's Estimate
Definitions
A — amperes
— EA each
g G gram
kg KG kilogram
ha HA hectare (10 000 m2)
h H hour
J — joule
— LNKM lane kilometer
L L liter
— LS lump sum
m M meter
km KM kilometer
mm MM millimeter
μm — micrometer
nm — nanometer
m2 M2 square meter
m3 M3 cubic meter
N — newton
Nm — newton meter
Ω — ohm
Pa — pascal
kPa — kilopascal
MPa — megapascal
s — second
— STA station (100 m)
— TAB tablet
tonne TONN metric ton (1000 kg)
W — watt
V — volt
Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.
CITY OF VALLEJO 155 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Symbol Used Definitions
A amperes
EA each
LB pound
ACRE acre
h hour
LNMI lane mile
GAL gallon
LS lump sum
LF linear foot
MI mile
MSYD thousand station yard
SF square foot
CF cubic foot
SY square yard
CY cubic yard
Ω ohm
s second
STA 100 feet
TAB tablet
TON 2,000 pounds
W watt
V volt
MFBM thousand foot board measure
1-1.03 ACCEPTANCE
The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing.
1-1.04 GLOSSARY
Unless noted otherwise, the following terms have the following meanings:
Addenda: Written or graphic instruments issued before the opening bids, which modify or interpret the Notice to Bidders, Instructions to Bidders, Bid Proposal Form, Addenda (if any), Special Provisions, Technical Specifications, and/or Plans by additions, deletions, clarifications, or corrections.
Agreement or Contract: The signed agreement between the City and Contractor.
Architect: The private engineering firm employed to prepare the plans, specifications, and estimate and perform design services during construction of this project.
CITY OF VALLEJO 156 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Bid Bond: The cash, cashier’s check, certified check, or bidder’s bond companying the proposal submitted by the bidder, as a guaranty that the bidder will enter a contract with the Public Works Department of the City of Vallejo for the performance of the work if the contract is awarded to the bidder.
Bidding Documents: The Notice to Bidders, Instruction to Bidders, Bid Proposal Form, and Addenda (if any); the Special Provisions, Technical Specifications, Standard Specifications, the Exhibits (including bonds), and the Drawings (also defined as “Plans”).
Business Day: All days except Saturdays, Sundays, and any holiday set forth in California Government Code section 6700.
Calendar Day: Any day of the week including a Business Day.
Change Order: A written document duly approved and executed by the City, which changes the scope of the Work, the Contract Price, or the Contract Time.
City: The City of Vallejo, California.
City Council: The City Council of the City of Vallejo, California, or its authorized agent.
City Engineer: The City Engineer of the City of Vallejo or their authorized agent(s) acting within the scope of the duties delegated to them.
Claim: A request by the Contractor for 1) the payment of additional compensation for any issues. 2) an extension of time for the performance of the Work or 3) any other relief with reference to the terms of the Contract, including any disputes or question related to the Contract Documents.
Construction Contract or Agreement: The signed agreement between the City and Contractor.
Contract Amount or Contract Sum: The amount listed on the Construction Agreement as the contractor’s total compensation.
Contract Documents: All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificates of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents.
Contract Price: The total compensation to be paid to the Contractor for performance of the Work, as set forth in the Contract and as amended by a Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustments due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal.
Contract Time: The number of Working Days for performance of the Work, as set forth in the Contract and as amended by a Change Order.
Contractor: The person or persons, firm partnership, corporation, or combination thereof, private of municipal, who have entered into a contract with the City of Vallejo, as party or parties of the second part of their legal representatives.
Day: A calendar day unless stated otherwise.
Department: The Public Works Department of the City of Vallejo.
Director: The Director of the Public Works of the City of Vallejo.
Drawing: The City-approved plans and graphical depictions of the Project requirements and does not include Shop
CITY OF VALLEJO 157 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Drawings.
Final Compensation: Payment to the Contractor of the unpaid Contract Price, including release of the undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code Section 71017.
Engineer: The City Engineer of the City of Vallejo or other authorized designee such as the City Inspector.
Laboratory: The laboratory designated by the City of Vallejo.
Legal Holidays: Those Days designated as City holidays and those days designated in the Government Code or as stated in the Standard Specifications.
Liquidated Damages: The amount prescribed in the specifications or contract, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day’s delay in completing the whole or any specified portion of the work beyond the time allowed in the specifications. The Liquidated Damages amount is set at $1,500.00 per Calendar Day for this contract.
Mobilization: Preparatory work that must be performed or costs incurred before starting work on the various items on the job site (Public Contract Code § 10104).
Plans: The official project plans, typical cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show location, character, dimensions, and details of the work to be performed. These documents are to be considered as a part of the plans.
Project Plans: The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.
Project or Work: See Work.
Project Site: Location of the Work.
Project Manager: The person designated by the City of Vallejo to manage all aspects of the project, if so, designated by the Special Provisions.
Proposal Form: The approved form upon which the Public Works of the City of Vallejo requires formal bids be prepared and submitted for the work.
Public Contract Code: California Public Contract Code.
Qualified Contractor or Subcontractor: A contractor or subcontractor currently registered with the California Department of Industrial Relations and qualified to perform public work pursuant to Labor Code section 1725.
Requests for Information: A request from the Contractor, or one of its subcontractors, to the City, seeking an interpretation or clarification of some requirement of the contract documents submitted to the City in the form required by the contract. The contractor shall clearly and concisely set forth the issue for which it seeks clarification of interpretations and why a response is needed from the City. The contractor shall, in the written request, set forth interpretation or understanding of the contract’s requirements along with the reasons why it has reached such an understanding. Responses from the City shall not change any requirements of the contract documents unless noted in the Request for Information Response issued by the City.
Special Provisions: The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.
Specifications: The directions, provisions and requirements contained in the Standard Specifications as supplemented by these Special Provisions. Whenever the term “the specifications” or “the Standard Specifications”
CITY OF VALLEJO 158 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
is used in this document, it means the provisions set for in the 2023 Edition of the Caltrans Standard Specifications.
Standard Plans: The Standard Specifications and Standard Drawings issued by the Public Works Department of the City of Vallejo.
State: The State of California or the City of Vallejo as the context requires.
Submittal/Shop Drawings: Any technical submittals, shop drawings, or samples, including supporting catalog cuts, manufacturer’s literature sketches or drawings, calculations, and other pertinent data, required by any technical specification in these contract documents. The contractor shall transmit to the City submittal/shop drawings shall be in sufficient detail to enable the City to review the information and determine that the contractor clearly understands the requirements of the contract documents.
Substitution/Or Equal Submittals: A request from the contractor to substitute a material, device, product, fixture, form, type of construction or process called for in the contract documents with another item that shall be substantially equal in all respects to that indicated or supplied.
Work or Project: The entire Project which is the subject of the Contract. The term “Work” as applied to the Contractor includes any labor, materials and necessary tools and equipment.
Working Days: Working days are Monday through Friday except for Legal Holidays. 1-1.07 BIDDER
Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. 1-1.09 CONTRACT
The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.”
1-1.10 CONTRACT DOCUMENTS
All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificates of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents. 1-1.12 DAYS
Unless otherwise designated, days as used in the Specifications will be understood to mean working days. 1-1.13 DEPARTMENT
The City of Vallejo Department of Public Works.
CITY OF VALLEJO 159 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
1-1.14 DETOUR
A temporary route for traffic around a closed portion of a road. 1-1.15 DIRECTOR
The City of Vallejo Department of Public Works Director, or his/her authorized representative. 1-1.16 (INTENTIONALLY OMITTED)
1-1.17 (INTENTIONALLY OMITTED)
1-1.18 ENGINEER
The City of Vallejo, Department of Public Works, Project Engineer, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.
1-1.19 ENGINEER'S ESTIMATE
The list of estimated quantities of work to be performed as contained in the "Proposal Form." 1-1.20 FEDERAL AGENCIES
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
1-1.21 FIXED COSTS
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.22 FRONTAGE ROAD
A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.
CITY OF VALLEJO 160 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
1-1.23 (INTENTIONALLY OMITTED)
1-1.24 HIGHWAY
The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.
1-1.25.1 LEGAL HOLIDAYS
Those days designated as City observed holidays specifically:
(a) New Year's Day,
(b) Martin Luther King, Jr. Day,
(c) President’s Day,
(d) Memorial Day,
(e) Juneteenth Day,
(f) Independence Day,
(g) Labor Day,
(h) Indigenous Peoples’ Day,
(i) Veterans' Day,
(j) Thanksgiving Day,
(k) Day after Thanksgiving,
(l) Christmas Day
1-1.26 LIQUIDATED DAMAGES
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents. 1-1.26.1 MUTCD OR CA MUTCD
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 (INTENTIONALLY OMITTED)
1-1.27.5 (INTENTIONALLY OMITTED)
1-1.28 (INTENTIONALLY OMITTED)
1-1.29 DRAWINGS
The official project drawings (City-approved Plans) and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location,
CITY OF VALLEJO 161 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
character, dimensions and details of the work to be performed. These documents are to be considered as a part of the drawings. In the above definition, the following terms are defined as follows:
1-1.30 PROJECT DRAWINGS
The project drawings (City-approved Plans) are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply. 1-1.31 PROPOSAL
The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
1-1.32 PROPOSAL FORM
The approved form (Bid Proposal) upon which the City of Vallejo requires formal bids be prepared and submitted for the work.
1-1.33 PROPOSAL GUARANTY
The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder.
1-1.34 (INTENTIONALLY OMITTED)
1-1.35 ROADWAY
That portion of the highway included between the outside lines of sidewalks, or curbs, slopes, ditches, channels, waterways, and including all the appertaining structures, and other features necessary to proper drainage and protection.
1-1.36 SHOULDERS
The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 1-1.37 SPECIAL PROVISIONS
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications.
CITY OF VALLEJO 162 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
1-1.38 SPECIFICATIONS
The directions, provisions and requirements contained in the Special Provisions, General Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and Standard Drawings. Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2023 edition, Sections 10 through 95 only. 1-1.39 STATE
The State of California.
1-1.40 (INTENTIONALLY OMITTED)
1-1.41 (INTENTIONALLY OMITTED)
1-1.42 (INTENTIONALLY OMITTED)
1-1.43 SUBSTRUCTURE
All that part of the bridge below the bridge seats, tops of piers, haunches of rigid frames, or below the spring lines of arches. Backwalls and parapets of abutments and wingwalls of bridges shall be considered as parts of the substructure.
1-1.44 SUPERSTRUCTURE
All that part of the bridge except the bridge substructure. 1-1.45 (INTENTIONALLY OMITTED)
1-1.46 (INTENTIONALLY OMITTED)
1-1.47 TRAVELED WAY
That portion of the roadway for the movement of vehicles, exclusive of shoulders. 1-1.48 WORK
All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the
CITY OF VALLEJO 163 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
improvement, including all alterations, amendments or extensions thereto made by Contract Change Order.
END OF SECTION
CITY OF VALLEJO 164 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 CONTENTS OF PROPOSAL FORMS
Prospective bidders must use City of Vallejo proposal forms which will refer to the special provisions and project drawings for the work to be done and will include a schedule of items for which bid prices are asked, showing the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished. 2-1.02 APPROXIMATE ESTIMATE
The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK All bidders shall carefully and completely examine the site of the work contemplated and the Contract Documents and perform all tests and inspections necessary to inform Bidder of all conditions that may be encountered, the character, quality and scope of work to be performed, and the quantities of materials to be furnished. The submission of a Proposal Form shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.
Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.
The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, cross-sections, contour maps, and any other investigations provided by City of Vallejo, are a part of the Contract Documents.
The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a Bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.
No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.
2-1.04 ADDENDUM
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to City Engineer, which response to said request will be given in the form of addenda to all bidders, if time permits.
The correction of any discrepancies in, or omissions from the drawings, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the
CITY OF VALLEJO 165 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, or delivered to each person receiving a set of the Contract Documents and shall be made a part of the Contract. Any other interpretation or explanation of such documents will not be considered binding. 2-1.05 PROPOSAL FORMS
The City of Vallejo will furnish to each Bidder a standard Proposal Form, which, when filled out and executed may be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed Proposal Forms submitted as a bid may be rejected. 2-1.06 (BLANK)
2-1.07 PROPOSAL GUARANTY
The proposal must be accompanied by cash, a Bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The Bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo. 2-1.08 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was received by the City of Vallejo. The request shall be executed by the Bidder or the Bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids.
2-1.09 PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.095 RELIEF OF BIDDERS
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. 2-1.10 DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, limited liability company, corporation or combination thereof is interested in more than one proposal for the work
CITY OF VALLEJO 166 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders any or all proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.
END OF SECTION
CITY OF VALLEJO 167 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 3: AWARD AND EXECUTION OF CONTRACT
3-1.01 AWARD OF CONTRACT
The right is reserved to reject any and all proposals.
The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals.
This period will be subject to extension for such further period as may be agreed upon in writing between the City of Vallejo and the Bidder concerned.
All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
The low bid will be determined by adding the sum of the Total Amount of Bidder’s Base Bid, the Total Amount of all alternates (if any) and the Total Amount of Bidder’s Contractor’s Daily Delay Damages. The City reserves the right to include in the Contract, if a Contract is awarded, the Base Bid only, or the Base Bid plus any alternate bid or combinations of alternates bid. When a price is quoted in both words and figures, the words shall prevail in case of a discrepancy. In the event of a discrepancy between Bidder’s Unit Price and Bidder’s Total Amount, the Unit Price shall prevail. In the event of a discrepancy between Bidder’s Total Amount and the Bid Total, the Unit Price and correct Total Amount shall prevail.
3-1.02 BONDS
Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:
A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
B. Payment (Labor and Materials) Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Faithful Performance Bond and Payment Bond shall be on the forms provided by City of Vallejo.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City of Vallejo or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 3-1.03 EXECUTION OF CONTRACT
The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution.
CITY OF VALLEJO 168 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
3-1.04 FAILURE TO EXECUTE CONTRACT
The Bidder shall pay to the City of Vallejo from Bidder’s proposal guaranty, such sums as will reimburse the City of Vallejo for costs incurred for failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract.
The amount of Bidder’s cash, bond, certified check, or cashier's check proposal guaranty shall not be deemed to constitute a penalty or liquidated damages.
The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. 3-1.05 RETURN OF PROPOSAL GUARANTIES
The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than Bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.
END OF SECTION
CITY OF VALLEJO 169 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 4: SCOPE OF WORK
4-1.01 INTENT OF PLANS AND SPECIFICATIONS
All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.
The intent of the drawings and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the drawings or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the highest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final.
4-1.02 FINAL CLEANING UP
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment in compliance with Caltrans Standard Specification 4-1.13. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.
CITY OF VALLEJO 170 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
4 -1.03 CHANGES
The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the drawings and Specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or bid Unit Prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.
The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion. Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract Change Order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:
A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.
B. Unit Prices – By unit prices fixed by agreement between the City of Vallejo and the Contractor.
C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the cost of the change, together with all vouchers therefore. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.
The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.
Upon receipt of a Contract Change Order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract Change Order therefore. In those cases, the Engineer will, as soon as practicable, issue a Contract Change Order for the ordered work and the provisions in Section 4-1.03A, "Procedure and Protest," shall be fully applicable to the subsequently issued Contract Change Order.
When the compensation for an item of work is subject to adjustment under the provisions of Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work.
If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request.
4-1.03A PROCEDURE AND PROTEST
A Contract Change Order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract Change Order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract Change Order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract Change Order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract Change Orders will be
CITY OF VALLEJO 171 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
considered as executed Contract Change Orders.
Where the protest concerning an authorized Contract Change Order relates to compensation, the compensation payable for all work specified or required by that Contract Change Order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.
Where the protest concerning an accepted Contract Change Order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages."
4-1.03B CHANGE ORDERS
Proposed Contract Change Orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms and conditions of the proposed Contract Change Order by executing the document and if the Contract Change Order is accepted by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. An accepted Contract Change Order shall supersede a proposed, but unaccepted, Contract Change Order covering the same work.
The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract Change Order determined as provided in Section 4-1.03D if that item of work is eligible for an adjustment of compensation thereunder.
Contract Change orders shall be in the form provided by City of Vallejo in the Contract Documents. 4-1.03C (NOT USED)
4-1.03D EXTRA WORK
New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a Unit Price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the drawings or Specifications.
The Contractor shall do the extra work and furnish all labor, material, and equipment therefor upon receipt of an accepted Contract Change Order or other written order of the Engineer, and in the absence of an accepted Contract Change Order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.
Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract Change Order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.
END OF SECTION
CITY OF VALLEJO 172 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 5: CONTROL OF WORK
5-1.01 AUTHORITY OF ENGINEER
The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. 5-1.02 CONTRACT DRAWINGS AND WORKING DRAWINGS
The Contract drawings (City-approved Plans) furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract drawings shall be in writing.
The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control perform the work. No change shall be made by the Contractor to any working drawing after it has been accepted by the Engineer.
Working drawings for any part of the permanent work shall include, but not be limited to anchor bolt layouts, shop details, erection drawings, equipment lists, and any other information specifically required elsewhere in the Specifications.
Working drawings for falsework, temporary support systems, form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.
Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.
Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the Contract items of work to which the drawings relate, and no additional compensation will be allowed therefor. 5-1.02A TRENCH EXCAVATION SAFETY PLANS
Attention is directed to Section 7-1.01E, "Trench Safety." Excavation for any trench 1.5 m {5 feet} or more in depth shall not begin until the Contractor has prepared detailed plans for worker protection from the hazards of caving ground during the excavation of that trench. The detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation. No plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health. If the plan complies with the shoring system standards established by the Construction Safety Orders, the plan shall be submitted at least
CITY OF VALLEJO 173 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
5 days before the Contractor intends to begin excavation for the trench. If the plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 3 weeks before the Contractor intends to begin excavation for the trench. 5-1.03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE
DEVIATIONS
Contractor work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions, and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and Specifications, and the Engineer's decision as to any allowable deviations therefrom shall be final.
5-1.04 COORDINATION AND INTERPRETATION OF PLANS, SPECIFICATIONS AND
STANDARD SPECIFICATIONS
These project drawings, specifications, Special Provisions, Contract Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide a complete work.
In the event of a conflict between the project drawings, Specifications or special provisions, and Standard Plans and Standard, Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, 2023 edition, City of Vallejo Standard Specifications and Standard Plans, December 2011 edition, or Vallejo Sanitation & Flood Control District Master Bid Document, 2022 edition, the project drawings, and Specifications shall control. Project drawings shall govern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.
In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.05A ORDER OF WORK
When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.
Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
CITY OF VALLEJO 174 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
5-1.05B HOURS OF WORK
Regular working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the City. For work to be completed within the State Right of Way, regular working hours are 7:00 p.m. to 7:00 a.m.
No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. The contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.
No work shall take place on garbage collection days. Contractor shall coordinate with Recology to verify garbage collection schedule.
5-1.06 SUPERINTENDENCE
The Contractor shall designate in writing before starting work an authorized representative who shall act as Superintendent and have the authority to represent and act for the Contractor. The Superintendent shall have responsibility for overall project operations and shall not be a “working foreman.” When the Contractor is comprised of 2 or more persons, firms, partnerships, or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall serve as the Superintendent, and who shall have the authority to represent and act for the Contractor.
The Superintendent shall be always present at the site of the work while work is in progress on the Contract.
When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.
Whenever the Contractor or the Contractor's Superintendent is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the foreman or other individual who may have charge of the particular work in reference to which the orders are given.
Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. 5-1.07 LINES AND GRADES
Stakes or marks for horizontal and vertical control will be set by the Engineer as the Engineer determines to be necessary to establish the lines and grades required for the completion of the work specified in these Contract Documents.
When the Contractor requires the stakes or marks, the Contractor shall notify the Engineer of the requirements in writing a reasonable length of time in advance of starting operations that require the stakes or marks. In no event shall a notice of less than 2 working days be considered a reasonable length of time.
Stakes and marks set by the Engineer shall be carefully preserved by the Contractor. In case the stakes and marks are destroyed or damaged, the Contractor will be charged for the cost of necessary replacement or restoration of stakes and marks. This charge will be deducted from any moneys due or to become due the Contractor.
CITY OF VALLEJO 175 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
5-1.08 INSPECTION
The Engineer shall at all times have safe access to the work during its construction and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's inspection.
Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, submittals, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.
Projects financed in whole or in part with State or Federal funds shall at all times be subject to inspection by the State or Federal agency involved, or their authorized representative. 5-1.09 REMOVAL OF REJECTED AND UNAUTHORIZED WORK
All work which has been rejected shall be remedied or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed to the Contractor for the removal, replacement or remedial work.
Any work done beyond the lines and grades shown on the drawings or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for.
Upon order of the Engineer unauthorized work shall be remedied, removed, or replaced at the Contractor's expense.
Upon failure of the Contractor to comply promptly with any order of the Engineer made under this Section 5-
1.09, the City of Vallejo may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any moneys due or to become due the Contractor. 5-1.10 EQUIPMENT AND PLANTS
Only equipment suitable to produce the quality of work and materials required will be permitted to operate on the project.
The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.
The Contractor shall identify each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. 5-1.11 ALTERNATIVE EQUIPMENT
While certain of the Contract Documents may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to be encouraged.
CITY OF VALLEJO 176 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified.
The Engineer, before considering or granting the request, may require the Contractor to furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.
If permission is granted by the Engineer, it shall be understood that the permission is granted for the purpose of testing the quality of work produced by the equipment and is subject to continuous attainment of results which, in the opinion of the Engineer, are equal to, or better than, that which can be obtained with the equipment specified. The Engineer shall have the right to withdraw permission at any time that the Engineer determines that the alternative equipment is not producing work that is equal, in all respects, to that which can be produced by the equipment specified. Upon withdrawal of permission by the Engineer, the Contractor will be required to use the equipment originally specified and shall, in accordance with the directions of the Engineer, remove and dispose of or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory work produced with the alternative equipment.
The Contractor shall not have any claim against the City of Vallejo for either the withholding or the granting of permission to use alternative equipment, or for the withdrawal of the permission.
Permission to use alternative equipment in place of equipment specified will only be granted where the equipment is new or improved and its use is deemed by the Engineer to be in furtherance of the purposes of this Section 5-1.11. Permission for use of particular equipment on any project shall in no way be considered as permission of the use of the equipment on any other project.
Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility for furnishing materials or producing finished work of the quality specified in the Contract Documents 5-1.12 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the drawings or Specifications provide that more than one specified method of construction or more than one specified type of material or construction equipment may be used to perform portions of the work and leave the selection of the method of construction or the type of material or equipment to be used up to the Contractor, it is understood that the City of Vallejo does not guarantee that every or any specified method of construction or type of material or equipment can be used successfully throughout all or any part of any project.
It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to use more than one of the alternatives on any project, full compensation for any additional cost involved shall be considered as included in the Contract price paid for the item of work involved and no additional compensation will be allowed therefor.
5-1.13 DIFFERING SITE CONDITIONS
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance
CITY OF VALLEJO 177 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether an adjustment of the Contract is warranted.
No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.
No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.
Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided. 5-1.14 CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately on the request of the Engineer, and that person shall not again be employed on the work. 5-1.15 FINAL INSPECTION
When the work has been completed, the Engineer will make the final inspection. 5-1.16 MEANS AND METHODS
City of Vallejo will not have control over, oversee, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.
The City of Vallejo may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City of Vallejo in all operations which coincide with other work being performed and provide City of Vallejo with such scheduling and other information as may be required by City of Vallejo to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.
Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City of Vallejo, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.
The City of Vallejo shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.
END OF SECTION
CITY OF VALLEJO 178 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 6: CONTROL OF MATERIALS
6-1 GENERAL
6-1.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City of Vallejo and materials furnished by the City of Vallejo in conformance with the provisions in Section 9-1.03, "Force Account Payment." Only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in accordance with the drawings and Specifications.
Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.
The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.
Reports and records of inspections made, and tests performed, when available at the site of the work, may be examined by the Contractor.
6-1.02 CITY FURNISHED MATERIALS
Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.
The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.
The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of
CITY OF VALLEJO 179 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.
The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.
6-1.03 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection. 6-1.04 DEFECTIVE MATERIALS
All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the nonconforming work, materials, or equipment, or the City of Vallejo agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.
Re-examination of any work may be ordered by the Engineer, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.
6-1.05 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be
CITY OF VALLEJO 180 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
final.
Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
6-1.06 PLANT INSPECTION
The Engineer may inspect the production of material or the manufacture of products at the source of supply.
Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City of Vallejo assumes no obligation to inspect materials at the source of supply. 6-1.07 CERTIFICATES OF COMPLIANCE
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.
The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 6-1.08 FOREIGN MATERIALS
Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.
Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.
CITY OF VALLEJO 181 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.
The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or otherwise requested by the Engineer.
If the welding of steel for structural steel members or the casting and prestressing of precast, prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:
A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.
B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.
C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.
D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.
The use of steel manufactured outside of the United States as unidentified stock material, as provided in Section 55-2.07, "Unidentified Stock Material," will not be allowed.
END OF SECTION
CITY OF VALLEJO 182 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY
7-1.01 LAWS TO BE OBSERVED
The Contractor shall keep fully informed of all existing and future laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and material suppliers to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing. 7-1.01A LABOR CODE REQUIREMENTS
Attention is directed to the following requirements of the Labor Code:
7-1.01A (1) HOURS OF LABOR
Eight hours of labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. 7-1.01A (2) PREVAILING WAGE
The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive.
The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which
CITY OF VALLEJO 183 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:
A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.
Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm
The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.
Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double
CITY OF VALLEJO 184 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract.
The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
The City of Vallejo will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid and will not under any circumstances be considered as the basis of a claim against the City of Vallejo on the Contract by Contractor.
7-1.01A(2)(A) TRAVEL AND SUBSISTENCE PAYMENTS
Attention is directed to the requirements in Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.
Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
7-1.01A(3) PAYROLL RECORDS
Attention is directed to the requirements in Labor Code Section 1776, a portion of which is quoted below.
Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.
A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the Contract,
CITY OF VALLEJO 185 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.
F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."
The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
If by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000.
Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the
CITY OF VALLEJO 186 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract.
7-1.01A(4) LABOR NONDISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NONDISCRIMINATION CLAUSE
“During the performance of this Contract, Contractor and its SUBCONTRACTORS shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and SUBCONTRACTORS shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and SUBCONTRACTORS shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its SUBCONTRACTORS shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.” The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
7-1.01A(5) APPRENTICES
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works Contract.
Responsibility for compliance with this section lies with the Contractor.
It is City of Vallejo policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards.
A. Only registered apprentices within a written agreement in an approved apprentice-training program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).
CITY OF VALLEJO 187 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
B. A contractor is no longer required to submit Form DAS-7, but must submit award information to the local applicable joint apprenticeship committee. The award information must include:
an estimate of the journeyman hours;
the number of apprentices to be employed; and
the approximate dates of apprentice employment.
C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one hour of apprentice work for every five hours of journeyman labor on any day of work. (Any journeyman work performed beyond 8 hours per day or 40 hours per week shall not be used to calculate the hourly ratio). This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or 20 working days.
The Division of Apprenticeship Standards may grant a certificate exempting the contractor from the minimum 1:5 hourly ratios under any one of the following:
Unemployment exceeds an average of 15% in the area for the previous 3-month period; The number of apprentices in training in such area exceeds a ratio of 1:5; The apprentice able craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either locally or statewide; The specific task would jeopardize the apprentice's life or public safety or no training can be provided to an apprentice by a journeyman for the specific task.
D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.
E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the California Apprenticeship Council, P.O. Box 603, San Francisco, CA 94101 (as set forth in Section 227).
F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.
All willful violations of Section 1777.5 shall pay the $50.00 fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three years for any additional violations.
Compliance disputes arising under Section 177.5 shall be adjudicated under 8 California Code of Regulations, Article 1.
G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.
Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.
H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.
CITY OF VALLEJO 188 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
7-1.01A(6) WORKERS' COMPENSATION
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.
Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract."
This certification is incorporated in the Contract by reference, and signature and return of the Contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the certificate. 7-1.01A(7) SUITS TO RECOVER PENALTIES AND FORFEITURES
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or Contract provisions based on those laws.
Those sections provide that a suit on the Contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or the Contractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the Contract and the formal acceptance of the job. 7-1.01B FAIR LABOR STANDARDS ACT
The attention of Bidders is invited to the fact that the City of Vallejo has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in highway construction work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060). 7-1.01C CONTRACTOR'S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. Contractor shall be properly licensed at all times during the performance of the work and performance of the Contract.
All Bidders and Contractors shall be licensed in accordance with the laws of this State and any Bidder or Contractor not so licensed is subject to the penalties imposed by those laws.
Attention is also directed to the requirements in Public Contract Code Section 10164. In all projects where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded. 7-1.01D VEHICLE CODE
CITY OF VALLEJO 189 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Pursuant to the authority contained in Vehicle Code Section 591, the City of Vallejo has determined that within those areas that are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.
Attention is directed to the statement in Vehicle Code Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
7-1.01E TRENCH SAFETY
Attention is directed to the requirements in Section 6705 of the Labor Code concerning trench excavation safety plans.
The Contractor is warned that when the work involves existing sewers and appurtenances that have been exposed to sewage and industrial wastes, these facilities shall be considered contaminated with diseasecausing organisms. Personnel in contact with contaminated facilities, debris, waste water, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility to urge his/her personnel to observe a strict regimen of proper hygienic precautions, including any inoculations recommended by the local public health officer.
Because of the potential danger of solvents, gasoline, and other hazardous material in the existing sewers and storm drain pipes, these areas shall be considered hazardous. The Contractor shall be aware of these dangers and shall comply with Article 108, "Confined Spaces," of the General Industrial Safety Orders contained in Title 8 of the California Administrative Code.
In the event that this Contract requires the excavation of any trench or trenches in excess of five feet in depth, Contractor shall prepare a detailed design plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trenches. Said detailed design plan and subsequent excavating operations shall fully comply with all local, state and federal regulations including, but not limited to, the Construction Safety Orders, Section 1539, Permits and Section 1540 et seq., Excavation.
7-1.01F AIR POLLUTION CONTROL
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code.
Unless otherwise provided in the special provisions, material to be disposed of shall not be burned, either inside or outside the highway right of way.
7-1.01G WATER POLLUTION CONTROL
CITY OF VALLEJO 190 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
7-1.01G(1) GENERAL
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment. Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System (NPDES) regulated by the State of California Regional Water Quality Control Board (RWQCB) or the United States Environmental Protection Agency (EPA) other than uncontaminated stormwater.
The Contractor shall conform to all applicable local, state, and Federal regulations and laws pertaining to water pollution control. As applicable, the Contractor shall obtain Water Pollution Control Permits and file all documents including, but not limited to, the State of California Construction General Permit, Stormwater Pollution Prevention Plan. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Mare Island Strait, the Carquinez Strait, and the San Francisco Bay.
2) Sediments generated on the Work site shall be contained within the Work site using appropriate BMPs. 3) No construction-related materials, waste, spill, or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff. 4) Non-storm water runoff from equipment, vehicle washing, or any other activity shall be contained within the Work site using appropriate BMPs.
5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted, or otherwise protected in a way that prevents discharge from the Work site.
In this subsection, the term “storm drain system” shall include water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces, channels, watercourses, creek, lakes, the estuary, and the San Francisco Bay.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program.
The City of Vallejo will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.
Nothing in the terms of the Contract Documents nor in the provisions in this Section 7 1.01G Water Pollution Control shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. 7-1.01G(2) BEST MANAGEMENT PRACTICES (BMP)
For the purpose of eliminating stormwater pollution, the Contractor shall implement effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm
CITY OF VALLEJO 191 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate stormwater pollution.
The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the project drawings or Specifications. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. Guidance for appropriate implementation of BMPs can be found in the 7-1.01G(5) Reference Publications, below. 7-1.01G(3) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) When so specified in the Specifications, or if required by a jurisdictional regulatory agency, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall conform to the requirements specified in the Specifications and those of the jurisdictional regulatory agency. The Notice of Intent will be filed by the City.
7-1.01G(4) DEWATERING
Dewatering shall be performed by the Contractor when specifically required by the project drawings or Specifications, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies.
Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor or the Agency as specified in the Special Provisions. Accumulated water shall be treated prior to disposal if so specified in the Specifications or required by a permit. The contractor shall submit a working drawing and related supporting information detailing its proposed plan and methodology and treatment and disposal of accumulated water. To the maximum extent practical, the Contractor shall reuse non-toxic, de-silted water for other onsite needs, such as dust control and irrigation.
The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the City, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.
7-1.01G(5) REFERENCE PUBLICATIONS
Reference publications are as follows:
1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009- 009-DWQ adopted on September 2, 2009. Available at: the following website:
http://www.swrcb.ca.gov/board_decisions/adopted_orders/water_quality/2012/wqo2012_0006_dwq.pdf
2. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook. Available at: the following website:
www.casqa.org/resources/bmp-handbooks/construction
3. Erosion and Sediment Control Field Manual, San Francisco Regional Water Quality Control Board
CITY OF VALLEJO 192 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
(SFRWQCB) Available from Friends of the San Francisco Estuary, 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2419 or (510) 622-2337. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
4. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Governments (ABAG.) Available from ABAG, 101 8th Street, Oakland, CA 94607, (510) 464-7900.
Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html
5. CalTrans Stormwater Quality Handbooks. Available at: the following website:
www.dot.ca.gov/hq/construc/stormwater/CSBMPM_303_Final.pdf 7-1.01G(6) MATERIAL STORAGE
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:
1. All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage. Materials set aside for recycling and salvage shall be delivered to the recycling station within five days.
2. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.
3. The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state and local standards and requirements.
7-1.01G(7) PAVEMENT SAW CUTTING OPERATIONS
The Contractor shall prevent any saw cutting debris from entering the storm drain system. The Contractor shall preferably use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sandbag sediment barrier.
The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate, as approved by the Engineer, if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area, create a safety hazard, or does not create standing water that remains longer than 72 hours. If the Engineer approves, the Contractor may direct or pump saw cutting wastewater to a dirt area for infiltration. This dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw cutting residue must be removed and disposed of properly.
With the approval of Vallejo Flood and Wastewater District (VFWD) and the Engineer, de-silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the Engineer’s approval the Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging this wastewater to the storm drain.
CITY OF VALLEJO 193 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
7-1.01G(8) PAVEMENT OPERATIONS
The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
a. No paving during wet weather.
b. Store materials as required by 7-1.01G(6) Material Storage, c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc. d. Place drip pans or absorbent materials under paving equipment when not in use. During wet weatherstore contaminated paving equipment indoors or cover with tarp or other waterproof covering. e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system.
f. Keep ample supplies of drip pans or absorbent materials on-site. g. If paving involves Portland cement concrete, refer to 7-1.01G(6) Material Storage. 7-1.01G(9) CONCRETE OPERATIONS
The Contractor shall prevent pollutant discharge from concrete operations by using measures to prevent runon and runoff pollution, by properly disposing of wastes, and by implementing the following BMPs:
a. Store all materials in waterproof containers or under cover away from drain inlets or drainage areas. b. Avoid mixing excess amounts of Portland cement materials. c. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system.
For on-site washout:
i. Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Prevent runoff from this area by constructing a temporary pit or bermed area large enough to store the liquid and solid waste.
ii. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the water volume greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow wash water to settle, then filter and pump it to the sanitary sewer with approval from VSFCD and the Engineer. Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly. d. Dispose of wastewater from exposed aggregate washing to a dirt area adequate to contain all the wastewater. Once the wastewater has infiltrated, remove any remaining residue. If a suitable dirt area is not available, filter the wash water through straw bales or other filtering materials meeting ABAG Standards for Erosion and Sediment Control Measures before discharging the wash water to the sanitary sewer with approval from VSFCD and the Engineer.
CITY OF VALLEJO 194 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
e. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
7-1.01G(10) GRADING AND EXCAVATION OPERATIONS
The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.
The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the SFRWQCB Erosion and Sediment Control Field Manual.
At a minimum, the Contractor shall install filter materials (such as sandbags, filter fabric, etc.) at storm drain inlet(s) located in and downstream of the project site. These materials must be in place between October 15 and April 15 and also when rain is forecast within 24 hours. The Contractor shall install filter materials or seal all surface inlet openings during the dry season or if there is potential for sediment or excavated material to be discharged to the storm drain system during the construction operation (e.g. sediments and debris tracked by construction vehicles, wind-blown or transported by other runoff). The storm drain inlets shall be sealed such that they can be opened in an emergency and unblocked at the end of each working day, so that no property is damaged as a result of accidents or overflows.
Sedimentation and erosion control/filter materials shall be placed in a manner to restrain any debris or sediment from flowing into the storm drain system. Said materials or control devices shall also be maintained and/or replaced as necessary to ensure effective sediment control and to prevent flooding. 7-1.01G(11) SPILL PREVENTION AND CONTROL
The Contractor shall take all precautions to prevent accidental spills during construction. However, in the event of a spill, the Contractor shall immediately contain any leaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean up and dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.
a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks. b. The Contractor shall report any hazardous materials spill immediately to the Vallejo Fire Department, the Solano County Department of Resource Management Environmental Services Division Hazardous Materials Section and other state and local agencies as required by state and local regulations. 7-1.01G(12) VEHICLE/EQUIPMENT CLEANING
The use of soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinse water may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of VFWD and the Engineer.
The Contractor shall dispose of wash water from the cleaning of water-based paint equipment and tools to the sanitary sewer.
CITY OF VALLEJO 195 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paint thinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment and tools shall be disposed as hazardous waste.
7-1.01G(13) CONTRACTOR TRAINING AND AWARENESS
The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.
The Contractor shall mark all new catch basins constructed as part of the project with storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers shall be approved by the City Engineer. 7-1.01G(14) GOOD HOUSEKEEPING PRACTICES
The Contractor shall implement the following applicable good housekeeping practices. a. Store all materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed waterproof containers. b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution. c. Secure opened bags of cement, and other light materials or powders that can be transported by wind. d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. Store all wastes in covered containers or dispose of immediately. Arrange for appropriate collection of those materials separated for recycling.
e. Dispose of wash water to the sanitary sewer with the approval of VSFCD and the Engineer or recycle wash water. Refer to 7-1.01G(9) Concrete Operations.
f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made. g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-1.01G(11) Spill Prevention and Control. h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-1.01G(13) Contractor Training and Awareness.
i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.)
7-1.01G(15) PAYMENT
Unless otherwise specified in the Specifications, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (including dewatering) shall be deemed
CITY OF VALLEJO 196 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
included in the price paid for associated contract bid items, and no additional payment shall be made therefor. 7-1.01G(16) ENFORCEMENT
Various sections of the Vallejo Municipal Code12.41 enforce section 7.101G. City enforcement may include, but is not limited to: citations, abatement orders, bills for City cleanup costs and administration, civil suits, and criminal charges. City enforcement actions do not void or suspend any enforcement actions by other agencies.
At a minimum, the Contractor shall implement the storm water Clean Water Program BMPs listed in 7-1.01G(1) General, or implement equally effective alternatives approved by the Engineer on all projects within the City of Vallejo.
7-1.01H USE OF PESTICIDES
The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, City of Vallejo Standard Specifications and all other agencies which govern the use of pesticides required in the performance of the work on the Contract.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide. 7-1.01I SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without the muffler.
The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m. shall not exceed 50 dBA and between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed 80 dBA at a distance of 50 feet.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
7-1.01J ASSIGNMENT OF ANTITRUST ACTIONS
The Contractor's attention is directed to the following requirements in Public Contract Code 7103.5 and
CITY OF VALLEJO 197 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and the Contractor's subcontractors:
"In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action." 7-1.02 LOAD LIMITATIONS
Unless expressly permitted in the special provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated bases, surfacing, pavement or structures in any areas within the limits of the project, whether or not the area is subject to weight limitations under Section 7-1.01D, "Vehicle Code," except as hereinafter provided in this Section 7-1.02.
After application of the curing seal, no traffic or Contractor's equipment will be permitted on cement treated base or lean concrete base for a period of 72 hours. After 72 hours, traffic and equipment operated on the base shall be limited to that used in paving operations and placing additional layers of cement treated base.
No traffic or Contractor's equipment will be permitted on treated permeable base except for that equipment required to place the permeable base and the subsequent layer of pavement. Trucks used to haul treated base, Portland cement concrete, or asphalt concrete shall enter onto the base to dump at the nearest practical entry point ahead of spreading equipment. Empty haul trucks shall exit from the base at the nearest practical exit point. Entry and exit points shall not be more than 300 m {1,000 feet} ahead of spreading equipment except in locations where Specifications prohibit operation of trucks outside the area occupied by the base or where steep slopes or other conditions preclude safe operation of hauling equipment. In those locations, entry and exit points shall be established at the nearest point ahead of spreading equipment permitted by Specifications and allowing safe operation of hauling equipment. Damage to curing seal or base shall be repaired promptly by the Contractor, at the Contractor's expense, as directed by the Engineer.
Within the limits of the project and subject to the control of the Engineer, and provided that the Contractor, at the Contractor's expense, shall provide such protective measures as are deemed necessary by the Engineer and shall repair any damage caused by the operations, the Contractor will be permitted to:
Make transverse crossings of those portions of an existing public road or street that are within the highway right of way, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.
Make transverse crossings of treated bases, surfacing or pavement which are under construction or which have been completed, with construction equipment which exceeds the size or weight limitations set forth in
CITY OF VALLEJO 198 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Division 15 of the Vehicle Code.
Cross bridge structures that are not open to public traffic and which are designed for HS20-44 Live Loading (culverts and pipes excluded), with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code, but not exceeding the load limitations hereinafter specified, provided that the Contractor furnishes to the Engineer the dimensions and maximum axle loadings of equipment proposed for use on bridge structures:
The maximum loading on bridge structures due to pneumatic-tired truck and trailer combinations shall not exceed (1) 12,700 kg {28,000 pounds} for single axles, (2) 21,700 kg {48,000 pounds} for tandem axles, nor (3) 27,200 kg {60,000 pounds} total gross load for single vehicles or 50,000 kg {110,000 pounds} total gross load for truck and trailer or semi-trailer combinations.
The loading on bridge structures due to 2 and 3 axle pneumatic-tired earthmovers shall not exceed that shown in the following table.
Allowable Construction Loading On Bridges
For 2 and 3 Axle Earthmovers
Spacing of Bridge Girders (center to center in
meters {feet})
Maximum Axle Loading (in kilograms {pounds})
1.2 {4} 12,700 {28,000}
1.5 {5} 13,100 {29,000}
1.8 {6} 13,600 {30,000}
2.1 {7} 14,500 {32,000}
2.4 {8} 15,400 {34,000}
2.7 {9} 16,700 {37,000}
3.0 {10} and over 18,000 {40,000}
Minimum axle spacing:
For 3-axle earthmovers
Axles 1 to 2 = 2.4 m {8 feet}
Axles 2 to 3 = 6.1 m {20 feet}
For 2-axle earthmovers
Axles 1 to 2 = 6.1 m {20 feet}
Move equipment within the limits of the project over completed or existing base, surfacing, pavement and structures, whether or not open to the public, in accordance with the limitations and conditions in the "Permit Policy" of the City of Vallejo of Transportation.
Within the limits of the project and subject to the condition that the Contractor shall repair, at the Contractor's expense, any damage caused thereby, the Contractor will be permitted to cross culverts and pipes with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code in accordance with the conditions set forth on the drawings. If the conditions are not set forth on the drawings, the provisions in the first paragraph in this Section 7-1.02 will apply.
Should the Contractor desire to increase the load carrying capacity of a structure or structures which are to be constructed as a part of the Contract, in order to facilitate the Contractor's own operations, the Contractor may request the Engineer to consider redesigning the structure or structures. Proposals by the Contractor to increase the load carrying capacity of structures above 59 000 kg {130,000 pounds} per single axle or pair of axles less than 2.4 m {8 feet} apart, or above 149 000 kg {330,000 pounds} total gross vehicle weight, will not be approved. The request shall include a description of the structure or structures involved and a detailed description of the overloads to be carried, the date the revised drawings would be required, and a statement that the Contractor agrees to pay all costs involved in the strengthening of the structure or structures, including the cost of revised drawings, and further that the Contractor agrees that no extension of time will be allowed by reason of any delay to the work which may be due to the alteration of the structure or structures. If the Engineer determines that strengthening the structure or structures will be permitted, the Engineer will inform the Contractor of the estimated cost of the alterations, including engineering, and the date that revised
CITY OF VALLEJO 199 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
drawings could be furnished. If the cost and date are satisfactory to the Contractor, the Engineer will prepare a change order providing for the agreed upon alterations.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment. 7-1.03 PAYMENT OF TAXES
The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City of Vallejo, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. 7-1.04 PERMITS AND LICENSES
The City will waive all required City of Vallejo permit fees for this project.
The Contractor and all subcontractors shall obtain and keep current for the duration of the project a City of Vallejo business license.
The Contractor shall give all notices required by and comply with all laws, codes, ordinances and regulations.
Before installing any work, the Contractor shall carefully examine the Contract Documents for compliance with all laws, codes, ordinances and regulations and shall immediately report any discrepancy to the Engineer.
Should the Contractor proceed with the construction and/or install any utility variance, notwithstanding the fact that such installation is in compliance with the Contract Documents, or should the Contractor install any work not in compliance with all laws, codes, ordinances and regulations, the Contractor shall remove such work without cost to the City of Vallejo.
The Contractor shall commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.
The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176, inclusive) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of those statutes in obtaining the permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City of Vallejo has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in the Environmental Quality Act or any other authority, the Contractor shall comply with the provisions of those permits, licenses and other authorizations. 7-1.05 PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Vallejo, the Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every
CITY OF VALLEJO 200 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
nature for, or on account of the use of any patented materials, equipment, devices or processes. 7-1.06 SAFETY AND HEALTH PROVISIONS
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.
Working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders.
All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.
Full compensation for conforming to the provisions in this section shall be considered as included in the Contract prices paid for the various items of work involved and no separate payment will be made therefor. 7-1.07 (BLANK)
7-1.08 PUBLIC CONVENIENCE
This Section 7-1.08 defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with the Contractor's operations.
Attention is directed to Section 7-1.09, "Public Safety," for provisions relating to the Contractor's responsibility for the safety of the public. The provisions in Section 7-1.09 are in addition to the provisions in this Section 7-
1.08, and the Contractor will not be relieved of the responsibilities as set forth in Section 7-1.09 by reason of conformance with any of the provisions in this Section 7-1.08.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions in this Section 7-1.08 and Section 7-1.09.
In the event of a suspension of the work, attention is directed to Section 8-1.05, "Temporary Suspension of Work."
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.
Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.
Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
CITY OF VALLEJO 201 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition.
When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 4-1.03D.
Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations; and if ordered by the Engineer roadway cuts shall be excavated in lifts and embankments constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on but one-half the width of the traveled way at a time, and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic.
Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic.
After the surface of the roadbed has been brought to a smooth and even condition for the passage of public traffic as above provided, any work ordered by the Engineer for the accommodation of public traffic prior to commencing subgrade operations will be paid for as extra work as provided in Section 4-1.03D. After subgrade preparation for a specified layer of material has been completed, the Contractor shall, at the Contractor's expense, repair any damage to the roadbed or completed subgrade, including damage caused by the Contractor's operations or use by public traffic.
While subgrade and paving operations are underway, public traffic shall be permitted to use the shoulders and, if half-width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at locations where subgrade and paving operations are in active progress.
Any shaping of shoulders or reshaping of subgrade necessary for the accommodation of public traffic thereon during subgrade preparation and paving operations will be paid for as extra work as provided in Section 4-1.03D.
Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in Section 10, "Dust Control."
The Contractor will be required to pay the cost of replacing or repairing all facilities installed under extra work for the convenience or direction or warning of public traffic that are lost while in the Contractor's custody, or are damaged by reason of the Contractor's operations to such an extent as to require replacement or repair, and deductions from any moneys due or to become due the Contractor will be made to cover the cost.
Whenever a section of surfacing, pavement or the deck of a structure has been completed, the Contractor shall open it to use by public traffic if the Engineer so orders or may open it to use by public traffic if the Engineer so consents. In either case the Contractor will not be allowed any compensation due to any delay, hindrance or inconvenience to the Contractor's operations caused by public traffic, but will thereupon be relieved of responsibility for damage to completed permanent facilities caused by public traffic, within the limits of that use. The Contractor will not be relieved of any other responsibility under the Contract nor will the Contractor be relieved of cleanup and finishing operations.
Except as otherwise provided in this Section 7-1.08 or in the special provisions, full compensation for conforming to the provisions in this Section 7-1.08 shall be considered as included in the prices paid for the
CITY OF VALLEJO 202 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
various Contract items of work and no additional compensation will be allowed therefor.
Contractor shall furnish, install and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times. Temporary traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The contractor shall submit a Temporary traffic control Plan for review and acceptance by the Engineer at the pre-construction meeting.
The Contractor shall designate in writing the name, address and telephone number of the employee and the superintendent to contact after working hours for the proper maintenance of barriers and signs.
Barricades of the flashing beacon variety shall be placed at each excavation site and left until the Engineer deems there is no longer a hazard.
Full compensation for furnishing all flag persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefor.
7-1.09 PUBLIC SAFETY
It is the Contractor's responsibility to provide for the safety of traffic and the public during construction.
Attention is directed to Section 7-1.12, "Indemnification and Insurance." Attention is directed to Section 7-1.08, "Public Convenience," for provisions relating to the Contractor's responsibility for providing for the convenience of the public in connection with the Contractor's operations.
Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions of Section 7-1.08 and this Section 7-1.09.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, at the Contractor's expense and without cost to the City of Vallejo, furnish, erect and maintain those fences, temporary railing (Type K), barricades, lights, signs and other devices and take such other protective measures that are necessary to prevent accidents or damage or injury to the public.
Fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected and maintained by the Contractor, at the Contractor's expense, are in addition to any construction area traffic control devices for which payment is provided for elsewhere in the Contract Documents.
The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and payment therefor will be made as provided in Section 12-2.02, "Flagging Costs."
Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current California Manual on Uniform Traffic Controls. Devices or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and temporary traffic control devices or any construction area signs and temporary traffic control devices for which furnishing of, or payment for, is provided elsewhere in the Specifications. Signs furnished and erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.
The installation of general roadway illumination shall not relieve the Contractor of the responsibility for furnishing and maintaining any of the protective facilities herein before specified.
CITY OF VALLEJO 203 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Construction equipment shall enter and leave the highway via existing ramps and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.
The Contractor's trucks or other mobile equipment which leave a freeway lane, that is open to public traffic, to enter the construction area, shall slow down gradually in advance of the location of the turnoff to give following public traffic an opportunity to slow down.
When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
Lanes, ramps and shoulders shall be closed in accordance with the details shown on the drawings, the provisions of Section 12, "Construction Area Traffic Control Devices," and as provided in the special provisions.
The Contractor shall notify the Engineer not less than 15 days before the anticipated start of each falsework and girder erection operation whenever the falsework or girders will reduce clearances available to public traffic.
Pedestrian openings through falsework shall be paved or provided with full width continuous wood walks and shall be kept clear. Pedestrians shall be protected from falling objects and curing water for concrete. Overhead protection for pedestrians shall extend not less than 1.2 m {4 feet} beyond the edge of the bridge deck. All pedestrian openings through falsework shall be illuminated in conformance with the provisions in Section 86-6.11, "Falsework Lighting."
Where the height of vehicular openings through falsework is less than 4.6 m {15 feet}, a W34B "Vertical Clearance" sign shall be provided above each opening facing approaching traffic. The signs shall have black letters and numbers on an orange reflectorized background and shall be illuminated so that the signs are clearly visible. The minimum height of the letters and numbers shall be 150 mm {6 inches} and 250 mm {10 inches}, respectively.
No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.
Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.
Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the Contract for those facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved. Working drawings and design calculations for the temporary facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for review pursuant to Section 5-1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.
Should the Contractor appear to be neglectful or negligent in furnishing warning devices and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at the Contractor's expense. Should the Engineer point out the inadequacy of warning devices and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.
Provision for the payment for signs, lights, flares, temporary railing (Type K), barricades, and other facilities by extra work as provided in Section 7-1.08, "Public Convenience," or by Contract item as provided in Section 12, "Construction Area Traffic Control Devices," shall in nowise relieve the Contractor from the responsibility as provided in this Section 7-1.09.
CITY OF VALLEJO 204 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
Except as otherwise provided in this Section 7-1.09 or in the special provisions, full compensation for conforming to all of the provisions in this Section 7-1.09 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.
Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.
No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved. 7-1.10 USE OF EXPLOSIVES
Explosives shall not be used.
7-1.11 PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.12, "Indemnification and Insurance," and to Section 8-1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.
Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.
Pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or
Exhibit C
CITY OF VALLEJO 205 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
above ground, sewer and water lines, all site facilities and any other improvements or facilities within or adjacent to the site shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract.
The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged site facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.
The fact that any underground facility is not shown upon the drawings shall not relieve the Contractor of the responsibility under Section 8-1.10, "Utility and Non-Highway Facilities." It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of those underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.
Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the Engineer shall be rectified to the satisfaction of the Engineer within a reasonable time, depending upon the extent of the damage. Said reasonable time shall be as determined by the Engineer, and if the condition is not rectified, the Engineer shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 7-1.11, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
7-1.12 INDEMNIFICATION AND INSURANCE
The Contractor's obligations regarding indemnification of the City of Vallejo and the requirements for insurance shall conform to the provisions in Sections 7-1.12A, "Indemnification," and 7-1.12B, "Insurance," of this Section 7-1.12.
7-1.12A INDEMNIFICATION
Contractor shall, to the maximum extend allowed by law, defend, indemnify, and save harmless City of Vallejo (including its inspectors, project managers, trustees, officers, agents, members, employees, affiliates, consultants, subconsultants, and representatives), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever arising out of, or in connection with, Contractor's operations to be performed under this Contract, including, but not limited to:
A. Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, Contractor, any employees or agents of Contractor, City of Vallejo, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of Contractor, its agents, employees, subcontractors or material suppliers, City of Vallejo, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable; B. Penalties threatened, sought, or imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Contractor, its agents, employees, subcontractors or material suppliers;
CITY OF VALLEJO 206 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
C. Alleged infringement of any patent rights which may be brought arising out of Contractor's work; D. Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens; E. Contractor's failure to fulfill any of the covenants set forth in these Contract Documents; F. Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and,
G. Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.
The indemnities set forth in this section shall not be limited by the insurance requirements set forth in these Contract Documents.
Contractor's indemnification of City of Vallejo will not include indemnification for claims which arise as the result of the active negligence of City of Vallejo, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons.
7-1.12B INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
6. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
7. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
8. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
9. Installation or Property Installation Floater coverage providing property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Vallejo’s site.
10. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and
CITY OF VALLEJO 207 STREETS OVERLAY/PAVEMENT MAINTENANCE & REHABILITATION MEASURE P PROJECT – MP2025
$1,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
6. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
7. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
8. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Vallejo.
9. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.
10. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
CLAIMS MADE POLICIES
If any coverage required is written on a claims-made coverage form:
6. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
7. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.